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| Oroh v. Holder, No. 07-2606,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 27, 2009, Decided
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Overview: Christian alien from Indonesia was properly denied withholding of removal under 8 U.S.C.S. ¿ 1231 because his family still lived untroubled in Indonesia; the court lacked jurisdiction to review the conclusion that no exceptions applied to excuse the alien's untimely asylum application under 8 U.S.C.S. ¿¿ 1158 and 1252.
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| United States v. Rheault, No. 06-1978,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 27, 2009, Decided
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Overview: Where agents found defendant and contraband on a third-floor landing of a three-story apartment building, his motion to suppress was properly denied under the Fourth Amendment because his expectation of privacy was unreasonable since he was a second-floor tenant and the landlord expressly prohibited the third-floor landing's use for storage.
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| Amerifirst Bank v. TJX Cos. (In re TJX Cos. Retail Sec. Brach Litig.), Nos. 07-2828, 08-1075, 08-1076,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 30, 2009, Decided
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Overview: Dismissal of the banks' claims under Mass. Gen. Laws ch. 93A ¿¿ 2, 11, under the theory that the corporation and the processing bank's lack of security measures was unfair under 15 U.S.C.S. ¿ 45 was vacated where use of FTC precedent was directly supported by ch. 93A, and Massachusetts case law treated FTC complaints as an expression of it's views.
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| Castillo-Diaz v. Holder, No. 08-1570,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 30, 2009, Decided
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Overview: Where an alien from El Salvador was kidnapped and raped by unknown men, her asylum and withholding of removal claims were properly denied under 8 U.S.C.S. ¿¿ 1158 and 1231 because the government of El Salvador had the power to prosecute rape cases and there was no evidence that she faced a threat outside of the town in which she lived.
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| Coors Brewing Co. v. Mendez-Torres, No. 07-2682,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 30, 2009, Decided
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Overview: Where a brewer challenged the legality of Puerto Rico beer tax exemptions, dismissal was not warranted on procedural grounds, because the suit was not barred by claim preclusion, issue preclusion, the Butler Act, the principles of comity, the Rooker-Feldman doctrine, a prior stipulation, or prior state court judgments.
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| Ying Jin Lin v. Holder, No. 08-1789,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, March 30, 2009, Decided
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Overview: Where an alien from China alleged that she was suspected of being a Falun Gong member, her asylum application under 8 U.S.C.S. ¿ 1101 was properly denied because the evidence supported an adverse credibility finding since, inter alia, she did not offer a sensible explanation for why the government might suspect her of participation in Falun Gong.
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| Scottsdale Ins. Co. v. Torres, No. 06-2730,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 1, 2009, Decided
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Overview: Where an injured party was employed by a staffing company and assigned to work for an insured, summary judgment was inappropriate to determine whether an insurer had a duty to defend the insured because the injured party was a leased worker and further factual development was necessary to determine whether he was a temporary worker.
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| Stornawaye Fin. Corp. v. Hill (In re Hill), No. 08-9006,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 1, 2009, Decided
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Overview: An appellate panel holding that 11 U.S.C.S. ¿ 522(g) did not apply to property that a Chapter 7 debtor had reconveyed pre-petition was correct as the statute only applied to property that a trustee recovered, the objecting creditor lacked the delineated powers to recover property, and the purpose of the statute was not punitive.
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| United States v. Marsh, No. 07-1698,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 1, 2009, Decided
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Overview: An upward departure of one year on defendant's distributing and conspiring to distribute crack cocaine conviction was affirmed pursuant to 18 U.S.C.S. ¿ 3553(a) where the district court had addressed the various factors throughout the opinion and had properly considered defendant's vacated resisting arrest convictions.
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