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| Tobeth-Tangang v. Gonzales, No. 05-1777,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 14, 2006, Decided
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Overview: BIA did not abuse its discretion in denying an untimely motion to reopen so that it could reissue a decision affirming the denial of asylum because it satisfied its legal obligation under 8 C.F.R. §§ 1003.1(f), 292.5(a) by mailing its decision to an alien's attorney at the unrevoked address furnished by the attorney on the entry of appearance form.
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| United States v. Cruzado-Laureano, No. 05-1822,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 14, 2006, Decided
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Overview: Defendant was entitled to resentencing for extortion and money laundering because the district court legally erred in applying an abuse of trust enhancement under U.S. Sentencing Guidelines Manual § 3B1.3 when it had already increased the sentence under U.S. Sentencing Guidelines Manual 2C1.1(b)(2)(B) (2002) for an abuse of his government position.
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| United States v. Narvaez-Rosario, No. 05-1355,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 14, 2006, Decided
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Overview: District court did not err when it concluded that defendant who pled guilty to possessing with intent to distribute more than one kilogram of heroin, in violation of 21 U.S.C.S. § 841(a)(1), was not entitled to safety valve relief under USSG Manual § 5C1.2, or when it sentenced defendant to 120 months' imprisonment based on facts he admitted.
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| Metz v. Dilley (In re Dilley), BAP NO. EB 05-048,
UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT, March 16, 2006, Decided
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Overview: Where petitioning creditors' claims were based on debtor's alleged murder of two people, bankruptcy court improperly relied solely on debtor's entry of a not guilty plea to establish the existence of a bona fide dispute as to liability under 11 U.S.C.S. § 303(b)(1) given that the debtor had admitted at the crime scene to the shootings.
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| B. Fernandez & Hnos., Inc. v. Kellogg USA, Inc., Nos. 05-2187, 05-2189, No. 05-2188,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 17, 2006, Decided
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Overview: The denial of a P.R. subsidiary's motion to intervene under Fed. R. Civ. P. 24(a)(2) in an action by distributors against a U.S. subsidiary was reversed because the potential for the litigation to have had a greater adverse impact on the P.R. subsidiary was sufficient to conclude that the U.S. subsidiary might not have served as an adequate proxy.
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| Lockheed Martin Corp. v. RFI Supply, Inc., Nos. 05-1737, 05-1831,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 17, 2006, Decided
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Overview: Summary judgment in favor of a seller on claims for negligence and strict liability arising from the malfunction of a sprinkler system in an anechoic chamber was affirmed because the economic loss doctrine barred a purchaser's recovery on its tort claims since the only thing damaged was the chamber itself.
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| Toure v. Gonzales, No. 05-1262,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 17, 2006, Decided
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Overview: Evidence that an alien and his family returned to Mauritania after a forced emigration, reclaimed their farms, and resided peacefully and that future disputes with the ruling ethnic group did not concern race or ethnicity negated the presumption that the alien had a well-founded fear of future persecution; thus, the BIA properly denied asylum.
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| Boston Edison Co. v. FERC, No. 04-2590, No. 05-1836,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 20, 2006, Decided
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Overview: Appellate court, granting due deference, declined to overturn the FERC's reading of a utility's settlement agreement, which exempted towns from paying pool transmission facilities interconnection charges and was couched in language that was technical and dependent on unexplained physical and institutional arrangements within the power industry.
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| Schneider v. Local 103 I.B.E.W. Health Plan, No. 05-2386,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 21, 2006, Decided
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Overview: Where plaintiff challenged the retention of contributions made to an employee benefits fund, he challenged the "use" of those contributions, not the establishment of the fund, and the district court properly granted defendants summary judgment on plaintiffs' claim under § 302 of the Labor Management Relations Act, 29 U.S.C.S. § 186.
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