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

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Federal Courts - 1st Circuit Court of Appeals - March 13 - March 18, 2008

Ellrich v. U.S. Bank Nat'l. Ass'n., No. 07-1115, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 13, 2008, Decided
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Overview: President of a company that provided financial advice to a hedge fund was barred from appealing his claim that a bank committed breach of contract when it issued an inaccurate statement to the fund because he did not move for judgment as a matter of law on that claim or ask for a new trial after the jury returned its verdict.

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Karim v. Mukasey, No. 07-1981, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 13, 2008, Decided
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Overview: Court of appeals denied an alien's petition seeking review of an IJ's decision ordering his removal to Kenya, pursuant to 8 U.S.C.S. ? 1227(a)(1)(C)(i). Although alien claimed the Government relied on documents it seized illegally, IJ did not have to consider those documents because the alien admitted through counsel that he was not a U.S. citizen.

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Sela v. Mukasey, No. 07-1837, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 13, 2008, Decided
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Overview: Appellate court review under 8 U.S.C.S. ? 1252 was precluded with respect to the alien's claim under the CAT because the alien did not raise the issue on appeal to the Board of Immigration Appeals and had thus not exhausted his administrative remedies.

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Gulla v. Dennehy, No. 07-1936, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 14, 2008, Decided
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Lopez v. Mukasey, No. 07-1515, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 14, 2008, Decided
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Overview: Aliens sought relief from a decision of the Board of Immigration Appeals, but the Board denied them adjustment of status and entitlement to visa relief based upon strong evidence of marriage fraud, under 8 U.S.C.S. ? 1154(c). The aliens failed to show any violation of due process in an immigration judge's denying them a continuance.

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Ndreka v. Mukasey, No. 07-2019, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 14, 2008, Decided
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Ramirez v. Mukasey, No. 07-1655, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 14, 2008, Decided
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CMI Capital Mkt. Inv., LLC v. Gonzalez-Toro, No. 06-2623, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 18, 2008, Decided
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Overview: In response to motion for summary judgment, appellants failed to include an opposing statement of material facts as required by D. P.R. R. 56(c). Under D. P.R. R. 56(e), the district court appropriately deemed admitted the facts contained in the appellees' statement of material facts and granted summary judgment.

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United States v. LaFortune, No. 06-1699, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 18, 2008, Decided
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Overview: A non-expert trier of fact could determine whether images of children were of real or virtual children without the benefit of expert testimony. The images themselves provided an appropriate basis for a determination that the images were of actual children.

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