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| United States v. Shinderman, No. 07-1569,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 29, 2008, Decided
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Overview: District court did not clearly err when it applied a two-level enhancement for obstruction of justice under U.S.S.G. § 3C1.1 based on its finding of perjury because the court carefully evaluated defendant's veracity, identified material inconsistencies in his trial testimony, and concluded that he had wilfully prevaricated.
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| Yosd v. Mukasey, No. 07-1390,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 29, 2008, Decided
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Overview: When an alien's claims for asylum, pursuant to 8 U.S.C.S. § 1153; withholding of removal, pursuant to 8 U.S.C.S. § 1231(b)(3); and CAT protection were denied but the BIA remanded, finding that translation services were lacking, that his case was remanded to the same IJ did not violate his due process rights as there was no finding of IJ misconduct.
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| Franceschi v. United States Dep't of Veterans Affairs, No. 06-2677,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 30, 2008, Decided
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Overview: Where an employee filed EEOC claims and one was dismissed but he filed suit while the other was being investigated, his parallel claims were properly dismissed under 42 U.S.C.S. § 2000e-5(f)(1) for failure to exhaust administrative remedies; also, his retaliation claim was dismissed as there was no exhausted claim on which it could be bootstrapped.
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| Maymi v. P.R. Ports Auth., No. 07-1157,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 30, 2008, Decided
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Overview: Public employee's constitutional and civil rights claims against the Puerto Rico Ports Authority and officials were properly dismissed as, given that she was a trust employee under former P.R. Laws Ann. tit. 3, § 1350, she was subject to removal, even based on her political beliefs, and her speech, concerning hirings and firings, was unprotected.
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| Chikkeur v. Mukasey, Nos. 05-2893, 07-1798,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 31, 2008, Decided
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Overview: Petition for review of denial of asylum and motion to reopen was denied because aliens failed to show that extortion by Islamist radicals and later burning of store and killing of one alien's brother were based on political opinion or membership in particular social group, as required by 8 U.S.C.S. § 1101(a)(42)(A), as opposed to economic motives.
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| Clark v. Boscher, No. 06-2473,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 31, 2008, Decided
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Overview: Where appellants sued city officials under § 1983 upon denial of their plans to build a subdivision, their case was properly dismissed as they did not set out plausible substantive Due Process or Equal Protection claims given that their run-of-the-mill land-use case did not shock the conscience and three other projects were not similarly situated.
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| Diaz-Romero v. Mukasey, No. 07-1607,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 31, 2008, Decided
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Overview: Claims of a clinical director for the Public Health Service (PHS) that were filed under the FTCA, 28 U.S.C.S. § 2671 et seq., and Bivens were properly dismissed pursuant to the Feres doctrine given the similarities between armed services branches and the PHS, which was designated, pursuant to 42 U.S.C.S. § 201(p), as a uniformed U.S. service.
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| Parker v. Hurley, No. 07-1528,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, January 31, 2008, Decided
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Overview: Dismissal of parents' § 1983 suit alleging violation of the Free Exercise Clause and substantive due process rights was proper because a school district's refusal to provide parents with prior notice and to allow for young children's exemption from instruction recognizing differences in sexual orientation did not offend the Constitution.
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