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

In these consolidated appeals arising from the district court's grant of summary judgment in favor of Triangle Cayman Asset Company and Oriental Bank in a foreclosure action brought by Triangle against Appellants, who brought counterclaims against Triangle and brought in Oriental as a third party defendant, the First Circuit held that remand was required for further proceedings.While the procedural history of this case was complex, the First Circuit held, ultimately, that (1) several aspects of the appeals here as to Triangle were moot and required dismissal; (2) the district court did not err in dismissing the breach of contract and fraud counterclaims against Triangle; (3) the district court did not err in entering summary judgment in favor of Oriental; and (4) as to appeal number three, in which Appellants challenged the district court's judgments entered on January 3, 2020, the judgments were void. View "Triangle Cayman Asset Co. v. LG & AC, Corp." on Justia Law

The First Circuit granted in part Petitioner's petition for review of an order of the Board of Immigration Appeals (BIA) affirming the denial of Petitioner's application for withholding of removal under the Immigration and Nationality Act (INA) and for protection under the Convention Against Torture (CAT), holding that the BIA erred in rejecting Petitioner's social group claim.An immigration judge denied Petitioner's application for withholding of removal and ordered him removed. The BIA dismissed Petitioner's appeal, finding that Petitioner had not established eligibility for withholding of removal. The First Circuit granted in part Petitioner's petition for review and vacated in part the decision of the BIA, holding (1) the BIA's decision rejecting Petitioner's social group claim was in error, and remand was required for the BIA to consider whether Petitioner's proposed social group satisfied the requirements for constituting a particular social group under the INA to which Petitioner belonged; and (2) Petitioner was not entitled to relief on his remaining claims of error. View "Chavez v. Garland" on Justia Law

The First Circuit granted Petitioner's petition for review of an order of the Board of Immigration Appeals (BIA) affirming the denial of Petitioner's application for deferral of removal to Honduras under the Convention Against Torture (CAT), holding that the BIA erred in its review of the decision of the immigration judge (IJ).The IJ denied deferral of removal to Honduras, concluding that Petitioner was not likely to be tortured by, or with the consent or acquiescence of, the Honduran government. The BIA found no error in the IJ's determination. The First Circuit reversed, holding the the BIA erred when it (1) applied the incorrect standard of review to uphold the IJ's denial of CAT relief as to Honduras; (2) improperly failed to address Petitioner's argument that he would likely be tortured by or at the instigation of Honduran officials; and (3) failed meaningfully to address Petitioner's argument that MS-13 members may act under color of law. View "H.H. v. Garland" on Justia Law

The First Circuit affirmed the determination of the district court that Plaintiffs lacked standing under Article III to bring this action alleging a violation of the Massachusetts Wage Act, Mass. Gen. Laws ch. 149, 148 et seq. but vacated the federal district court's judgment dismissing this case, holding that remand was required for a determination as to whether remand to state court was appropriate.Plaintiffs, who worked as delivery drivers for a service provider for FedEx Ground Package System, Inc., brought this action alleging that their supervisor told them he was withholding part of their weekly pay for tax remittance to federal and state tax authorities and that he never sent the deducted amounts to those tax authorities. Plaintiffs sued FedEx for violating the Wage Act in Middlesex County Superior Court. FedEx invoked diversity jurisdiction and removed the action to federal district court, which dismissed the case on that basis that Plaintiffs lacked standing. The First Circuit remanded the case to the district court, holding that while Plaintiffs lacked Article III standing remand was required for the district court to order supplemental briefing on whether remand to state court was appropriate. View "Plazzi v. FedEx Ground Package System, Inc." on Justia Law

The First Circuit affirmed the decision of the district court to admit and consider hearsay evidence when revoking Appellant's term of supervised release, holding that there was no error in the proceedings below.After a jury trial, Appellant was convicted of possessing and distributing cocaine base and of being a felon in possession of ammunition. After Appellant began serving his term of supervised release under several conditions a criminal complaint was lodged against him charging him with weapons and assault offenses. The district court found that Appellant was guilty of several crimes and revoked his term of supervised release. The First Circuit affirmed, holding (1) there was no abuse of discretion in the admission of the challenged hearsay statements; and (2) Appellant waived his remaining challenge on appeal. View "United States v. Franklin" on Justia Law

The First Circuit reversed the judgment of the district court denying Appellants' denial of their pre-discovery motions for summary judgment on grounds of qualified immunity, holding that Appellants were entitled to qualified immunity as a matter of law.Appellants - two members of the FBI's joint terrorism task force - shot and killed a suspected terrorist. Plaintiff, the representative of the decedent's estate, brought this action alleging that Appellants' actions violated the decedent's Fourth Amendment rights and asserting state law tort claims. The district court denied Appellants' motions for summary judgment on the grounds of qualified immunity. The First Circuit reversed, holding that the officers were entitled to qualified immunity under each aspect of the "clearly established" prong of the defense. View "Estate of Rahim v. Doe 1" on Justia Law

The First Circuit affirmed the judgment of the district court appointing a receiver in an interlocutory appeal occurring during litigation between solar energy companies and the bank that funded the companies' development and expansion, holding that the district court did not abuse its discretion when it granted the bank's motion to appoint a receiver.The companies filed an amended complaint against the bank claiming that the bank breached certain contracts with the companies. The bank, in turn, initiated a federal action against the companies alleging breach of contract and other claims. The companies filed an answer and asserted several counterclaims, including claims based on the same allegations as in the other case. After consolidating the two cases the district court granted the bank's motion for the appointment of a receiver. The First Circuit affirmed, holding that the district court did not abuse its discretion when it granted the bank's motion to appoint a receiver. View "Green Earth Energy Photovoltaic Corp. v. Keybank National Ass'n" on Justia Law

The First Circuit affirmed Defendant's sentence imposed in connection with his plea of guilty to conspiracy to commit Hobbs Act robbery in violation of 18 U.S.C. 1951(a), holding that there was no plain error in the district court's application of a four-level role-in-the-offense enhancement.This case arose from a home invasion and robbery committed by Defendant and four co-conspirators. After Defendant pleaded guilty the district court sentenced him to a ninety-seven months' term of immurement. On appeal, Defendant argued that the district court erred in applying the upward role-in-the-offense adjustments. The First Circuit affirmed, holding that the sentencing court did not commit plain error when it determined that Defendant operated as an organizer of the enterprise. View "United States v. Rivera" on Justia Law

The First Circuit denied Petitioner's petition for review of a final removal order upheld by the Board of Immigration Appeals (BIA), holding that the BIA did not commit legal error or abuse its discretion in failing adequately to address new evidence.Petitioner, a native and citizen of Cape Verde, sought adjustment of status under 8 U.S.C. 1255(a) through his U.S.-citizen son. The immigration judge (IJ) denied Petitioner's application for adjustment of status, and the BIA affirmed. The First Circuit denied Petitioner's petition for review, holding (1) the arguments and challenges Petitioner put forth as to the denial of his application for adjustment of status were neither constitutionally cognizable nor legally colorable; and (2) there was no basis to overturn the BIA's decision to deny the motion to remand the case. View "Moreno v. Garland" on Justia Law

The First Circuit affirmed Defendant's conviction of fifty-seven counts under the federal Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. 1961 et seq.; the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 301 et seq.; and the federal mail fraud statute, 18 U.S.C. 1341, holding that there was no error or abuse of discretion in the proceedings below.After Defendant was initially sentenced, the First Circuit vacated the sentence and remanded the case for further proceedings regarding two enhancements at issue on appeal, which were set out in U.S.S.G. 2B1.1(b)(16)(A) and U.S.S.G. 3A1.1(b). On remand, the same sentencing judge resentenced Defendant to a 174 months in prison, determining that both the conscious or reckless risk enhancement and the vulnerable victims enhancement applied to Defendant. The First Circuit affirmed, holding (1) the district court did not err in applying the two enhancements when determining Defendant's base offense level; and (2) Defendant's remaining claims of error were unavailing. View "United States v. Cadden" on Justia Law