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| Abou-Haidar v. Gonzales, No. 05-1453,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 21, 2006, Decided
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Overview: A petition for review of the denial of a motion to terminate deportation proceedings on the ground that an alien was a "national" of the United States under 8 U.S.C.S. § 1101(a)(22) was denied because, since the alien was never naturalized, he was not a "national" of the United States.
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| Cerrato v. Gonzales, No. 05-1633,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 21, 2006, Decided
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Overview: An alien whose family was threatened, but who was not personally threatened, and another alien who was harassed by gangs that sought his cash did not establish persecution or a likelihood of future persecution if returned to Guatemala; thus, the denial of asylum and withholding of removal was supported by substantial evidence.
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| Colon-Santiago v. Rosario, No. 05-1238,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 21, 2006, Decided
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Overview: Summary judgment was properly granted to officials of an electric authority on claims of due process violations because the employees lacked a property interest in the higher salaries granted through their de facto promotions; the political harassment and termination claims were remanded for the district court to consider undecided issues.
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| Diaz v. Gonzales, No. 05-1923,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 21, 2006, Decided
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Overview: Trial court's denial of appellant's four motions for reconsideration was affirmed, as he had not timely appealed from the denial of the first two motions, the third motion (which the appellate court treated as a Fed. R. Civ. P. 60(b) motion) failed to show grounds for extraordinary relief, and the fourth motion restated the arguments of the third.
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| Elysee v. Gonzales, No. 05-1171,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 21, 2006, Decided
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Overview: A petition for review of the denial of an alien's application for cancellation of removal under 8 U.S.C.S. § 1229b(a) was dismissed for lack of jurisdiction under 8 U.S.C.S. § 1252(a)(2)(D) because the alien's arguments were attacks on the factual findings made and the balancing of factors engaged in by an IJ, not constitutional claims.
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| Estrada-Canales v. Gonzales, No. 03-1692,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 21, 2006, Decided
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Overview: Family was provided many opportunities to continue to apply for asylum after the father indicated at the commencement of exclusion proceedings that he would be seeking such relief, but refused to do so; it was not error for the BIA to deem the family's applications abandoned. Nor was the BIA's interpretation of former 8 U.S.C.S. § 1155 in error.
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| Quiles-Quiles v. Henderson, No. 05-1591,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 21, 2006, Decided
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Overview: District court erred in reversing a jury verdict in favor of a former postal employee under the Rehabilitation Act, 29 U.S.C.S. § 791 et seq., because the evidence was sufficient to support a finding that the employee was disabled, based on his supervisors' perception of his mental impairment and that he endured a hostile work environment.
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| Ramirez v. Ramos, No. 05-1798,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 21, 2006, Decided
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Overview: Where a plaintiff challenged the constitutionality of the Riot Act, 33 P.R. Laws Ann. § 4522, the plaintiff lacked standing because the Riot Act only criminalized the use of or threat to use force or violence, and none of the activities in which the plaintiff had expressed a desire to engage involved force or violence.
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| Torromeo v. Town of Fremont, No. 04-2547,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, February 21, 2006, Decided
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Overview: Because the takings claim was actually litigated to a final judgment on the merits in the property owners' state-court action, it was barred by res judicata in federal court; whether due process and equal protection claims were likewise precluded posed a closer question, but the issue was not addressed because both claims failed as a matter of law.
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