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

The First Circuit denied in part and dismissed Petitioner's petition for judicial review challenging the decision of the Board of Immigration Appeals (BIA) reversing an immigration judge's (IJ) grant of Petitioner's application for cancellation of removal, holding that the Court lacked jurisdiction.In reversing the IJ's decision, the BIA concluded that Petitioner had not met the required "exceptional and extremely unusual hardship" standard. On appeal, Petitioner argued that the BIA applied the wrong legal standard and ignored its own precedent when it overturned the IJ's grant of his application for cancellation of removal. The denied in part and dismissed this appeal for lack of jurisdiction, holding (1) the BIA did not commit legal error in concluding that Petitioner had not met his burden to show that his removal would result in "exceptional and extremely unusual hardship" to his family; (2) as to Petitioner's argument that the BIA's decision was legally unsound, his claim failed on the merits; and (3) this Court lacked jurisdiction over Petitioner's remaining arguments. View "Tacuri-Tacuri v. Garland" on Justia Law

The First Circuit resolved a portion of Appellant's appeal in this opinion addressing the district court's grant of summary judgment in favor of the Town of Brookline, Massachusetts, the Brookline Board of Selectmen, the Town's counsel and Human Resources director, and select members of the Board, holding that the summary judgment is affirmed in part, vacated in part and remanded for further proceedings.Plaintiff, black man, brought this suit alleging that during his employment as a firefighter, he had been discriminated against and retaliated against for reporting discriminatory conduct. The district court entered summary judgment in favor of Defendants. The First Circuit affirmed in part and vacated in part the summary judgment granted in favor of Defendants, holding that the district court erred in granting summary judgment as to Plaintiff's retaliation claims under 42 U.S.C. 1983 against the Town, the Board, and certain members of the Board, in their personal and official capacities. The Court then remanded the case for further proceedings. View "Alston v. Town of Brookline, Mass." on Justia Law

The First Circuit affirmed Defendant's conviction of one count of making a materially false statement to the Federal Bureau of Investigation (FBI), in violation of 18 U.S.C. 1001(a)(2), holding that Defendant's arguments on appeal lacked merit.Specifically, the First Circuit held (1) Defendant's argument that multiple circumstances may have caused the jury to convict him of a second statement that had not been charged, causing a mismatch or variance between the indictment and the proof, was unavailing; (2) there was no clear prosecutorial misconduct in either the opening or the closing arguments; (3) Defendant waived his claim regarding the indictment not going to the jury and the verdict form; and (4) the district court did not err in denying Defendant's motion for a new trial. View "United States v. Chen" on Justia Law

The First Circuit affirmed Defendant's convictions and sentence for three counts of perjury and two counts of fraud and misuse of visas, permits, and other documents, holding that there was no reversible error in the proceedings below.Defendant's convictions were based on his alleged failure to disclose to immigration authorities the role he played in the Rwandan genocide. The First Circuit affirmed the convictions, holding (1) Defendant's challenges to certain statements made at trial by a government expert witness were unavailing; and (2) the district court did not err in calculating Defendant's sentencing range under the U.S. Sentencing Guidelines by applying a two-level, obstruction-of-justice enhancement. View "United States v. Teganya" on Justia Law

The First Circuit affirmed the judgment of the district court convicting Defendants - James Stewart-Carrasquillo and Harold Esquilin-Montanez - of various narcotics offenses, holding that the evidence was sufficient to support the verdicts and that there was no prejudicial error.Specifically, the First Circuit held (1) the evidence was sufficient to sustain Defendants' convictions for, inter alia, aiding and abetting the possession with intent to distribute a controlled substance onboard a vessel subject to the jurisdiction of the United States; (2) the district court did not commit reversible error by excluding a demonstrative aid in the form of a videotaped "reenactment"; and (3) a misstatement made by the prosecutor during closing argument did not constitute reversible error. View "United States v. Stewart-Carrasquillo" on Justia Law

The First Circuit affirmed the judgment of the district court denying a preliminary injunction barring construction of Segment 1 of a planned five-segment electric transmission power corridor in Maine, holding that Plaintiffs failed to show a likelihood of success on the merits.The planned transmission power corridor was part of a larger project that would run from Quebec, Canada to Massachusetts. After its performance of an environmental assessment, the Army Corps of Engineers issued a permit authorizing Central Maine Power, a private company, to take three actions in Segment 1. Plaintiffs, environmental organizations, sought preliminary injunctive relief. The district court rejected Plaintiffs' challenges and denied relief. Plaintiffs then brought this interlocutory appeal and filed an emergency motion for injunction pending appeal. The First Circuit affirmed, holding that Plaintiffs' challenges did not demonstrate a likelihood of success on the merits. View "Sierra Club v. United States Department of Army Corps of Engineers" on Justia Law

In this admiralty proceeding arising out of the grounding and constructive total loss of a newly purchased yacht, the First Circuit affirmed the judgment of the district court dismissing certain third-party complaints pursuant to Fed. R. Civ. P. 12(b)(6), holding that the district court did not err.Afunday Charters, Inc., which purchased the yacht from its builder, Spencer Yachts, Inc., sued Spencer Yachts and its employee, Joseph Daniel Spencer, alleging that Spencer negligently ran the yacht aground and that Spencer and Spencer Yachts were jointly and severally liable for the loss of the yacht. Spencer and Spencer Yachts raised an affirmative defense of negligence by Afunday's agents Sean Alonzo and Anthony Norman Sabga and filed a third-party complaint against Alonzo and Sabga. The district court dismissed the third-party complaints. The First Circuit affirmed, holding that the district court properly dismissed the complaints seeking to assert that the third-party defendants were directly liable to Afunday. View "Spencer v. Alonzo" on Justia Law

The First Circuit affirmed the judgment of the district court dismissing Plaintiff's lawsuit brought against Defendant, the local district attorney, after Plaintiff was terminated from his employment with a police department by the Town Manager in a town in Penobscot County, Maine, holding that dismissal was proper.Plaintiff's complaint against Defendant alleged that Defendant violated his due process rights by failing to provide him with meaningful notice and opportunity to dispute allegations about his misconduct that Defendant made and allegedly sent in a letter to the Department's police chief that led the Town to its decision. The district court dismissed on state law grounds. The First Circuit affirmed on different grounds, holding that Plaintiff failed to state a claim for a due process violation under either the United States or Maine Constitution. View "Roe v. Lynch" on Justia Law

The First Circuit affirmed the judgment of the district court dismissing a subcontractor's suit against a construction contractor, holding that the district court did not err in relying on a forum selection clause in an agreement between the parties in dismissing the lawsuit.The contractor sought to dismiss the complaint pursuant to the forum selection clause. The subcontractor opposed the motion, arguing that the forum selection clause was not applicable. The district court found the forum selection clause both applicable and binding and so dismissed the lawsuit. The First Circuit affirmed, holding (1) the clause was both valid and enforceable; and (2) the district court did not err in failing to consider transfer of its own accord. View "Atlas Glass & Mirror, Inc. v. Tri-North Builders, Inc." on Justia Law

The First Circuit affirmed the judgment of the district court ruling that Appellant, a state prisoner, had not satisfied the good cause requirement for his failure to have exhausted his claim in state court, holding that the district court acted within the bounds of its discretion.Appellant was convicted in a Massachusetts superior court of assault and battery with a dangerous weapon and assault and battery with a dangerous weapon causing serious bodily injury. The Massachusetts Appeals Court affirmed, concluding that Appellant's claim that the trial court abused its discretion in excluding his proffered witness was waived. Appellant eventually filed a habeas petition in the federal district court. The district court denied Appellant's motion for a stay in abeyance and dismissed his habeas petition. The First Circuit affirmed, holding that Petitioner failed to satisfy the good cause requirement. View "Sena v. Kenneway" on Justia Law