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

The First Circuit vacated and remanded the ruling of the Board of Immigration Appeals (BIA) denying Petitioner's claims for asylum and withholding of removal, holding that substantial evidence did not support the BIA's finding that Petitioner lacked a reasonable basis for his fear of being harmed on account of his membership in a particular social group.Petitioner, an Iraqi citizen, sought relief from removal on the grounds of asylum, withholding of removal, and protection under the United Nations Convention Against Torture (CAT). Petitioner asserted that he feared he would be subjected to harm in Iraq at the hands of members of Iraq's military or civilian insurgents in Iraq on account of his work as a paid contractor for the United States Army during the war in Iraq. The BIA denied all claims. The First Circuit vacated the BIA's decision in part, holding (1) the record evidence failed to support the BIA's affirmance of the immigration judge's finding that Petitioner did not sufficiently show that he had an objectively reasonable basis for fearing that he would face harm in Iraq; and (2) the BIA properly denied Petitioner's claim for relief under the CAT. View "Al Amiri v. Rosen" on Justia Law

The First Circuit affirmed the judgment of the district court denying Mother's petition under the Hague Convention on the Civil Aspects of International Child Abduction for return of her son (Child) to Venezuela from the United States, holding that the district court properly exercised its discretion in refusing Mother's petition.Mother sought Child's return to Venezuela, alleging that Father abducted Child in contravention of The Hague Convention and a Venezuelan child custody order. The district court concluded that Father admitted to retaining Child in contravention of the Hague Convention but that Father had established that Child was a mature child such that the court should consider Child's stated desire to remain with Father in the United States. The First Circuit affirmed, holding that the district court did not clearly err in rejecting Mother's claim that Father unduly influenced Child and in determining that Child was of the age and maturity to state his viewpoint that he should remain in the United States and not return to Venezuela. View "Avendano v. Balza" on Justia Law

The First Circuit affirmed the judgment of the district court granting Petitioner's habeas corpus petition after the Dominican Republic requested Petitioner for extradition, holding that the United States failed to file the necessary documents to support an extradition request.Upon receipt and review of the Dominican Republic's request to extradite Petitioner, the United States filed an extradition compliant. A federal magistrate judge certified Petitioner as eligible for extradition. Petitioner filed a petition for writ of habeas corpus, arguing that the Dominican Republic failed to provide the required documentation in its extradition request and that his extradition would violate the United Nations Convention Against Torture (CAT) because the Board of Immigration Appeals (BIA) had previously found that he qualified for CAT relief. The district court granted relief, finding both that the extradition was barred by the BIA's CAT determination and that the extradition request did not satisfy the documentary requirements of the Dominican Republic-United States Extradition Treaty. The First Circuit affirmed, holding (1) the district court erroneously determined that the United States was bound by the BIA's prior determination awarding Petitioner CAT relief; but (2) the district court properly found that the documentation was insufficient to support an extradition request under the treaty. View "Aguasvivas v. Pompeo" on Justia Law

The First Circuit affirmed Defendant's conviction of two counts of making false statements during the purchase of a firearm and one count of making a false statement in a record required to be kept by federal law, holding that there was no reversible error in the jury instructions.On appeal, Defendant argued that his convictions must be vacated because of prejudicial errors in the jury instructions. The First Circuit affirmed, holding (1) the district court properly and accurately instructed the jury on the legal meaning of he term "gift" and did not direct a verdict on any element of the offense or otherwise invade the province of the jury; (2) there was no error in the court's "actual purchaser" instruction; and (3) there was no reversible plain error in instructing the jury on the first count of making false statements during the purchase of a firearm. View "United States v. Karani" on Justia Law

The First Circuit vacated Defendants' convictions for their roles in an expansive drug-trafficking conspiracy, holding that the evidence was sufficient to support the convictions but the trial was rendered unfair due to repeated, one-sided intercessions by the trial judge.The primary challenge of all four defendants on appeal was that they were entitled to a new trial because, throughout the eleven-day jury trial, the district court judge interjected during witness testimony in a manner that signaled an anti-defense bias to the jury and caused Defendants prejudice. The First Circuit agreed, holding that the trial judge's perceptible partiality impaired the integrity and fairness of the trial and that this judicial misconduct infringed upon all Defendants' right to a fair trial. View "United States v. Raymundi-Hernandez" on Justia Law

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 from the decision of an immigration judge (IJ) denying Petitioner's request for withholding of removal under section 241(b)(3) of the Immigration and Nationality Act, 8 U.S.C. 1231(b)(3), holding that Petitioner was not entitled to relief.Petitioner, a native and citizen of Honduras, sought withholding of removal under the Convention Against Torture and withholding of removal. The IJ denied the petition for withholding of removal, concluding that Petitioner failed to sustain his burden of showing that he was targeted on account of family membership, a protected ground. The BIA affirmed. The First Circuit affirmed, holding that there was substantial evidence to support the BIA's decision because Petitioner failed to establish the required nexus between his treatment by the police and his membership in a particular social group - his immediate family. View "Ruiz Varela v. Barr" on Justia Law

The First Circuit affirmed the district court's denial of Appellant's petition for a writ of habeas corpus, holding that the the Supreme Judicial Court of Massachusetts (SJC) reasonably applied clearly established law in holding that improper statements by the prosecutor during Appellant's trial did not render the trial fundamentally unfair.After a jury trial in Massachusetts state court Appellant was convicted of murder in the second degree and sentenced to life imprisonment. On appeal, Appellant argued that the prosecutor's closing argument was improper. The SJC affirmed Appellant's conviction, concluding that the prosecutor's "unfortunate" remarks did not warrant a new trial. Appellant later filed a habeas petition, which the district court denied. The First Circuit affirmed, holding that the district court's conclusion that the prosecutor's challenged statements did not render Appellant's trial fundamentally unfair was a reasonable application of clearly established federal law as determined by the Supreme Court. View "Taylor v. Medeiros" on Justia Law

The First Circuit dismissed this appeal without prejudice for lack of appellate jurisdiction, holding that the appeal was premature.In the early weeks of the COVID-19 pandemic, the Governor of Maine responded to the threat of contagion by issuing executive orders limiting all non-essential activities and gatherings. Plaintiff Calvary Chapel of Bangor brought this action arguing that those orders violated the First Amendment's Free Speech, Free Exercise, Assembly, and Establishment protections. The district court refused Plaintiff's request for a temporary restraining order. Plaintiff appealed. The First Circuit dismissed the appeal, holding that this case did not display the criteria this Court has previously identified as characterizing a de facto denial of injunctive relief and that the remaining requirements for appealability were not satisfied. View "Calvary Chapel of Bangor v. Mills" on Justia Law

The First Circuit vacated Defendant's plea of guilty to one count of violating 18 U.S.C. 922(g)(1), which makes it a crime for a convicted felon to possess a firearm, holding that there was a reasonable probability that Defendant would not have pled guilty had he been advised that the government need prove that he knew when he possessed the gun that he was a felon.Defendant pleaded guilty in 2018 to one count of violating section 922(g)(1). In 2019, the United States Supreme Court held in Rehaif v. United States, 139 S. Ct. 2191, 2200 (2019), that a conviction for that crime requires proof beyond a reasonable doubt that when the defendant possessed the gun he knew he had previously been convicted of an offense punishable by more than one year in prison. The First Circuit vacated Defendant's conviction, holding (1) the district court's failure to advise Defendant of Rehaif's knowledge requirement was clear error; and (2) there was a reasonable probability that Defendant would not have pled guilty had he been informed in accordance with Rehaif. View "United States v. Guzman-Merced" on Justia Law

The First Circuit affirmed the judgment of the Bankruptcy Appellate Panel (BAP) dismissing under the doctrine of equitable mootness this appeal brought by United Surety & Indemnification Company (USIC), holding that USIC's appeal was equitably moot.In 2013, Pedro Lopez-Munoz filed a voluntary petition for chapter 11 bankruptcy. In 2018, the bankruptcy court confirmed a reorganization plan. One of Lopez-Munoz's creditors was USIC, which had an unsecured claim in the amount of $2,700,000. USIC appealed. The BAP dismissed USIC's appeal under the doctrine of equitable mootness. The First Circuit affirmed after analyzing the three factors for determining whether an appeal is equitably moot, holding that USIC's appeal was equitably moot. View "United Surety & Indemnity Co. v. Lopez-Munoz" on Justia Law