Justia U.S. 1st Circuit Court of Appeals Opinion Summaries

The First Circuit denied Petitioner's petition for review of a final order of removal issued by the Board of Immigration Appeals (BIA) dismissing Petitioner's appeal of the decision of the immigration judge (IJ) concluding that Petitioner's Brazilian conviction constituted both an aggravated felony and a particularly serious crime rendering him ineligible for asylum, withholding of removal, cancellation of removal, and voluntary departure, holding that there was no error of law.On appeal, Petitioner argued that his Brazilian conviction was in absentia and that both the IJ and BIA erred in determining that the conviction was valid for immigration purposes, thus barring him from obtaining the relief he sought. The First Circuit affirmed, holding (1) the Brazilian conviction was not in absentia; (2) there was no evidence to support Petitioner's claim that his foreign conviction was a travesty of justice; and (3) substantial evidence supported the IJ's conclusion that Petitioner's conviction was not politically motivated. View "Andrade-Prado, Jr. v. Garland" on Justia Law

The First Circuit affirmed the order of the district court granting summary judgment in favor of Kent County Memorial Hospital and Michael Dacey, M.D., in his individual capacity and as President of Kent Hospital, and dismissing Richard Gilbert, M.D.'s suit challenging the Hospital Board of Trustees' revocation of Dr. Gilbert's privileges at Kent Hospital, holding that dismissal was proper.In granting summary judgment for Defendants, the district court concluded that Dr. Gilbert had not rebutted the presumption that Defendants were immune from liability in damages under the Health Care Quality Improvement Act (HCQIA), 42 U.S.C. 11101-11152, and immune from suit under Rhode Island state law. The First Circuit affirmed, holding (1) the Board was entitled to HCQIA immunity; and (2) the Board was entitled to immunity under R.I. Gen. Laws 23-17-23(b). View "Gilbert v. Kent County Memorial Hospital" on Justia Law

The First Circuit affirmed the judgment of the district court concluding that a rule promulgated by the National Marine Fisheries Services (the Agency) requiring vessels fishing for herring on certain fishing trips to carry monitors on board was a permissible exercise of agency authority, holding that the rule was a permissible exercise of the Agency's authority and was otherwise lawful.Plaintiffs, owners of two fishing vessels that harvest herring brought this action asserting, among other things, that they were disproportionately burdened by carrying monitors and that the Agency's monitor rule was arbitrary and capricious. The district court granted summary judgment for the Agency. The First Circuit affirmed, holding that the challenged rule was authorized by Congress and immune to Plaintiffs' various procedural and substantive challenges. View "Relentless Inc. v. U.S. Dep't of Commerce" on Justia Law

The First Circuit denied Petition's petition for review of the decision of the U.S. Railroad Retirement Board (Board) to deny Petitioner a disabled child's annuity under the Railroad Retirement Act (Act), 45 U.S.C. 231a(d)(1)(iii), holding that the Board's findings were supported by substantial evidence.Petitioner, who was born in 1954, applied in 2015 for a disabled child's annuity under a provision of the Act that entitles unmarried children of certain deceased railroad employees to an annuity if they have developed a disability before the age of twenty-two. The Board found, among other things, that there was inadequate evidence to support a finding that Petitioner suffered a physical or mental impairment prior to age twenty-two. The First Circuit denied Petitioner's petition for review, holding that substantial evidence supported the Board's conclusion that Petitioner did not have any physical or mental impairment prior to age twenty-two. View "Crockett v. U.S. Railroad Retirement Bd." on Justia Law

The First Circuit denied in part and dismissed in part the order of the Board of Immigration Appeals (BIA) upholding an immigration judge's (IJ) denial of Petitioners' request for asylum, withholding of removal, and protection under the Convention Against Torture (CAT), holding that Petitioners were not entitled to relief.The IJ denied the requests for asylum and withholding of removal brought by Petitioners, a mother and daughter who were natives and citizens of Honduras, based on its finding Petitioners failed to demonstrate a well-founded fear of future persecution "on account of" a statutorily protected ground. Petitioners sought judicial review. The First Circuit denied the petition in part and otherwise dismissed it, holding (1) substantial evidence supported the agency's findings; and (2) Petitioners' CAT claim was not administratively exhausted. View "Barnica-Lopez v. Garland" on Justia Law

The First Circuit affirmed the order of the district court entering summary judgment for the Town of Pittsfield, New Hampshire and dismissing Plaintiff's allegation that the Town's zoning ordinance, as applied by the Town's Board of Selectmen, was unconstitutionally vague and violated his First Amendment and equal protection rights, holding that the district court did not err.Plaintiff applied for and received a permit to keep a trailer on his property for storage purposes. In 2016 and 2017, the Board granted Plaintiff permit extensions. In 2018, the Board denied Plaintiff's request for a third extension and required him to remove the trailer from his property. Plaintiff subsequently brought this action, invoking 42 U.S.C. 1983 and challenging the ordinance. The district court granted summary judgment in favor of the Town. The First Circuit affirmed, holding (1) the district court provided the requisite notice that it would reach Plaintiff's claim of content or viewpoint discrimination at summary judgment and properly entered summary judgment on this claim; (2) the Town's application of the ordinance against Defendant did not violate Defendant's equal protection rights; and (3) the ordinance, as applied by the Town, was not unconstitutionally vague. View "McCoy v. Town of Pittsfield, NH" on Justia Law

The First Circuit vacated the order of the Board of Immigration Appeals (BIA) rejecting Petitioner's claim for withholding of removal, holding that the BIA erred in failing properly to consider significant documentary evidence.Petitioner, a native and citizen of Honduras, applied for withholding of removal, alleging that she endured pervasive abuse at the hands of her ex-husband and that she fled Honduras to escape the abuse. An immigration judge (IJ) denied her application for withholding of removal, finding Petitioner to be not credible. The BIA dismissed Petitioner's appeal. The First Circuit vacated the BIA's decision because the agency had failed to consider the documentary evidence. On remand, the BIA again affirmed. The First Circuit vacated the BIA's order and remanded the case for further proceedings, holding that the BIA failed properly to consider the documentary evidence in accordance with this Court's prior remand order. View "Aguilar-Escoto v. Garland" on Justia Law

The First Circuit affirmed in part and vacated in part the order of the Board of Immigration Appeals (BIA) affirming the decision of the immigration (IJ) denying all three forms of relief sought by Petitioner, holding that the agencies improperly denied relief under the Convention Against Torture (CAT).Petitioner, a Guatemalan citizen, fled to the United States after a police-aided assault left him hospitalized. Petitioner sought asylum, withholding of removal, and relief under the CAT. The IJ found Petitioner credible but denied his requests for relief. The First Circuit affirmed in part and vacated in part, holding (1) there was no basis to reverse the IJ's denial of asylum or withholding of removal; but (2) the harm inflicted in the past on Petitioner clearly satisfied the severity element of torture for purposes of adjudicating a claim for relief under the CAT. View "Hernandez-Martinez v. Garland" on Justia Law

The First Circuit denied Petitioner's petition for review of an immigration judge's (IJ) denial of his application for withholding of removal, holding that the Petitioner's arguments were unavailing.Petitioner, a native and citizen of El Salvador, was subject to removal. Petitioner expressed fear of persecution or torture with the asylum officer. The asylum officer rejected Petitioner's reasonable fear claim, concluding that there was insufficient evidence to find that Petitioner had been attacked because of a protected ground. The IJ upheld the asylum officer's decision. The First Circuit affirmed, holding that the IJ did not err by dismissing Petitioner's gang-related claim. View "Reyes-Ramos v. Garland" on Justia Law

The First Circuit denied Petitioner's petition for review of the decision of the Board of Immigration Appeals (BIA) dismissing Petitioner's appeal of an order of removal from the Immigration Judge (IJ), holding that Petitioner was not entitled to relief.Petitioner, who was born in Jamaica, conceded that, unless he was a citizen of the United States through derivative citizenship, he was removable as an alien who had been convicted of an aggravated felony. Petitioner accepted an order of removal from the IJ and waived appeal to the BIA. Thereafter, Petitioner filed a pro se appeal claiming derivative United States citizenship. The BIA dismissed the appeal, concluding that the IJ's decision became administratively final upon Petitioner's waiver of appeal. The First Circuit denied Petitioner's petition for review, holding that there was not a genuine issue of material fact that, if resolved in Petitioner's favor, would support a finding that he was a U.S. citizen. View "Robinson v. Garland" on Justia Law