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| Moringlane-Ruiz v. Trujillo-Panisse, No. 06-2469,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 9, 2007, Decided
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Overview: A district court did not abuse its discretion in denying an extension to file a response to summary judgment when the request was filed two weeks after the filing deadline. A city and mayor were entitled to summary judgment on a political discrimination claim when undisputed facts established a non-discriminatory reason for their decision.
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| Rodrigues-Nascimento v. Gonzales, No. 06-1438,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 9, 2007, Decided
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Overview: The court lacked jurisdiction to review whether an IJ abused his discretion in denying an 8 U.S.C.S. § 1182(h)(1)(B) waiver of inadmissibility and to review the balancing of factors in consideration of a waiver of inadmissibility under § 1182(h)(1)(A); although there may have been error in denying voluntary departure, the claim was deemed waived.
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| United States v. Bell, No. 06-1421,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 9, 2007, Decided
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Overview: District court did not clearly err when it consolidated defendant's eight prior juvenile crimes into two groups in calculating his criminal history points under U.S.S.G. § 4A1.2 where with respect to the two groups of juvenile offenses, the charges retained their distinct docket numbers, and different sentences were imposed for each crime.
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| United States v. Parrilla Roman, No. 05-1566, No. 05-1863,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 9, 2007, Decided
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Overview: District court erred in adding position-of-trust enhancements to defendants' offense levels under USSG § 3B1.3 because its analysis improperly merged the two distinct steps of status and conduct that United States v. Reccko required. Defendants' fleet service clerk positions did not afford discretion to establish policies or to supervise coworkers.
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| Enwonwu v. Gonzales, No. 06-2457,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 10, 2007, Decided
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Overview: Court of appeals rejected alien's claim that the U.S. Government violated his right to due process of law when it made an ex parte contact with the BIA, after it learned that BIA's order reversing IJ's determination improperly stated that alien's appeal was dismissed, because any contact that occurred did not affect the merits of the BIA's order.
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| WorldNet Telecomms., Inc. v. P.R. Tel. Co., No. 06-1563, No. 06-1564, No. 06-1565, No. 06-1566,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 11, 2007, Decided
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Overview: Court of appeals found that the Telecommunications Regulatory Board of Puerto Rico exceeded its authority under the Telecommunications Act of 1996 when it rejected a liquidated damages provision a telecommunications company and a local telephone company included in an interconnection agreement after arbitration.
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| De Massenet v. Gonzales, No. 06-1610,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 15, 2007, Decided
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Overview: Petition for review was denied because an IJ properly denied a Dominican Republican's second motion to reopen her removal proceedings since she had conceded her fraudulent marriage, she never challenged the decision finding her ineligible, and once her conditional status changed, she was not eligible to file a second I-751 petition.
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| Rigby v. Damant, Nos. 07-1696 & 07-1731,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 15, 2007, Decided
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Overview: Court lacked jurisdiction to hear an appeal from the denial of a motion for summary judgment that sought an injunctive order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction. Orders were not appealable simply because they sought injunctive relief, and mandamus review was not warranted.
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| Wood v. Spencer, No. 06-2591,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, May 15, 2007, Decided
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Overview: District court properly found that petition a state inmate filed under 28 U.S.C.S. § 2254 was untimely because it was filed more than one year after Congress passed AEDPA. The inmate could have discovered a conversation his victim had with police during his trial, so statute was not tolled because state did not inform him about that conversation.
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