1st Circuit Court of Appeals, February, 2008, Federal Case law

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Federal Courts - 1st Circuit Court of Appeals - February 1 - February 6, 2008

Bohne v. Computer Assocs. Int'l, Inc., No. 06-1745, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 1, 2008, Decided
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Overview: Where an employee sued his employee when he was terminated before being paid a commission he was expecting, as a jury found for the employee on a theory submitted to it by the district judge-that the contract was so unfair as to violate the covenant of good faith and fair dealing-the case was reversed as there was no basis in law for such finding.

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Combined Energies v. CCI, Inc., No. 07-1766, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 1, 2008, Decided
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Overview: Where a subcontractor sued a prime contractor over the prime contractor's alleged filching of its workforce after a failed takeover attempt, a motion to compel arbitration pursuant to 9 U.S.C.S. ? 2 was properly denied because the parties' purchase order agreement clearly limited their arbitration agreement to claims arising out of that agreement.

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Flores-Coreas v. Mukasey, No. 07-1638, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 1, 2008, Decided
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Overview: Where a citizen of El Salvador challenged a BIA denial of asylum, withholding of removal, and/or CAT protection, his petition was denied as he could not show that gangs' conduct toward him was due to a ground protected by 8 U.S.C.S. ? 1101(a)(42)(A) given that it could have been motivated by greed; moreover, police were attempting to control gangs.

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United States v. De La Cruz, Nos. 06-1659, 07-2515, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 1, 2008, Decided
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Overview: Defendant was not denied his right of cross-examination with respect to the medical examiner's expert opinion regarding the cause of the victim's death based on toxicological and autopsy reports prepared by another because the testimony was based on review of a business record, which was expressly excluded from the Confrontation Clause's reach.

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United States v. Hatch, No. 06-1902, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 1, 2008, Decided
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Overview: Convictions for filing false tax returns, pursuant to 26 U.S.C.S. ?? 7201 and 7206(1), were affirmed because trial court properly required defendant to supply specific evidence of conversations leading him to believe that TV producer would pay taxes on show winnings. Curtailing other evidence as to show rules did not violate Sixth Amendment rights.

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Valdez de Mansilla v. Mukasey, No. 07-1550, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 1, 2008, Decided
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Overview: Substantial evidence supported the BIA's denial of an alien's ? 203 of the Nicaraguan Adjustment and Central American Relief Act of 1997, Pub. L. No. 105-100, 111 Stat. 2193-2201 (Nov. 19, 1997) (as amended by Pub. L. No. 105-139, 111 Stat. 2644-45 (Dec. 2, 1997)) application as she was not continuously in the U.S. for seven years before applying.

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Hernandez-Cabana v. Mukasey, No. 07-1800, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 5, 2008, Decided
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Overview: Where an alien, a native and citizen of Colombia, was denied withholding of removal pursuant to 8 U.S.C.S. ? 1231(b)(3)(A), her petition for review was denied as the evidence showed that she received threats due to her position as an assistant district attorney--a position in which she embodied the power of Colombia-not due to a protected ground.

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United States v. Alexander, No. 06-2475, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 5, 2008, Decided
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Overview: Where defendant was convicted of weapons possession offenses per 26 U.S.C.S. ?? 5861(d), 5871 and 18 U.S.C.S. ? 922(g), his Fed. R. Crim. P. 33 motions for a new trial were properly denied as sufficient evidence supported his convictions; evidence showed that he was in possession of a sawed off shotgun and that he told others that it was messed up.

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Domercant v. Mukasey, No. 07-1726, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 6, 2008, Decided
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Overview: Review of BIA's dismissal of claims for asylum and withholding of removal on political grounds was denied because, under 8 U.S.C.S. ? 1252(b)(4)(B), the BIA's findings supported its adverse credibility determination. BIA had discretion to accept or deny explanation for omission of son from asylum application and failure to list temporary addresses.

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Vasilia v. Mukasey, No. 07-1434, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 6, 2008, Decided
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Overview: Where an alien and her son, citizens of Albania, challenged the BIA's denial of their motion to reopen immigration proceedings, which was untimely per 8 C.F.R. ? 1003.2(c)(2), review was denied as the BIA's decisions not to sua sponte reopen, and that equitable tolling was unavailable-which was based on a factual determination-were unreviewable.

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