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   Federal Courts - 1st Circuit Court of Appeals - February 15 - February 16, 2006

  
Huang v. Gonzales, No. 04-2714, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 15, 2006, Decided
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Overview: An alien's amended political asylum application was properly denied because the IJ reasonably rejected the alien's failure to mention his wife's forced sterilization in the first asylum application as mere oversight and explicitly stated that the alien's testimony was inconsistent and contradictory.

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Lynch v. Ficco, No. 05-2183, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 15, 2006, Decided
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Overview: Inmate's 28 U.S.C.S. § 2254 claim was procedurally defaulted where he failed to object to jury instructions at trial, he did not claim that he was actually innocent of the murder, and counsel was not ineffective for failing to object to the jury instructions because correct instructions were given on government's bearing burden of proving malice.

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Rivera-Feliciano v. Acevedo-Vila, No. 05-2473, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 15, 2006, Decided
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Overview: Abstention was appropriate in case challenging Puerto Rico's right to reincarcerate individuals convicted of murder and released under electronic surveillance program because there were unresolved issues of Puerto Rico administrative and statutory law and arguments identical to plaintiffs' were pending before Puerto Rico Supreme Court.

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United States v. Turner, No. 04-2238, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 15, 2006, Decided
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Overview: Defendant's juvenile convictions were properly counted in assessing his criminal history category under U.S. Sentencing Guidelines Manual § 4A1.2(d) because, pursuant to Tenn. Code Ann. § 37-1-159(b), his mere filing of a notice of appeal in juvenile court from a first-tier conviction for arson did not vacate that conviction.

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Aguiar v. Gonzales, No. 04-2735, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 16, 2006, Decided
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Overview: An immigrant was subject to deportation under 8 U.S.C.S. § 1227(a)(2)(A)(iii) because the offense of third degree sexual assault under R.I. Gen. Laws § 11-37-6 (1997) was a crime of violence under 18 U.S.C.S. § 16 since it involved a substantial risk of physical force due to the presumed higher age and experience of the perpetrator.

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Rodriguez-Marin v. Rivera-Gonzalez, No. 04-1492, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 16, 2006, Decided
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Overview: Puerto Rican government career employees, demoted after a Governor affiliated with the opposition political party was elected, were properly awarded damages because they presented sufficient evidence that their demotions were the result of improper discrimination based on their political affiliation, in violation of their First Amendment rights.

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