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| Alimadhi v. Gonzales, No. 05-1788,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 14, 2006, Decided
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Overview: An alien was not entitled to asylum and withholding of removal because of persecution based on his political opinions. The alien was found not to be credible as to his description of alleged past persecution and failed to establish a reasonable fear of future persecution.
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| Aponte-Torres v. Univ. of P.R., No. 05-1534,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 14, 2006, Decided
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Overview: Court of appeals affirmed district court's judgment dismissing an action which employees who worked at the University of Puerto Rico filed under 42 U.S.C.S. § 1983, alleging that University officials kept secret files on employees, because the employees' complaint did not show that University officials violated their rights under federal law.
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| GMC v. Darling's, Nos. 04-2281, 04-2282,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 14, 2006, Decided
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Overview: Court of appeals affirmed district court's judgment finding that motor vehicle manufacturer did not violate Me. Rev. Stat. Ann. tit. 10, § 1176 because it required a dealer to use a multistep process to claim reimbursement for warranty work it performed, or because it required the dealer to provide a VIN and the date it performed the warranty work.
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| Hayek v. Gonzales, No. 05-1272,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 14, 2006, Decided
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Overview: Given its limited jurisdiction, the court could not review the BIA's finding that an alien's asylum application based on alleged political persecution in Lebanon was untimely under 8 U.S.C.S. § 1158(a)(2)(B), and a review of the record regarding her withholding of removal and CAT relief claims did not compel the court to reject the BIA's findings.
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| Higgins v. Penobscot County Sheriff's Dep't, No. 05-2375,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 14, 2006, Decided
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Overview: Deputy, supervisor, and sheriff's department were properly granted qualified immunity and summary judgment on Fourth and Fourteenth Amendment claims for unlawful eviction because the deputy was not plainly incompetent in disbelieving an occupant's conclusory verbal claim of entitlement and asking him to leave under a threat of a trespass citation.
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| Kibuuka v. Gonzales, No. 05-1437,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 14, 2006, Decided
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Overview: A district court did not abuse its discretion in denying a motion to reopen removal proceedings to introduce evidence that an alien was involved in a homosexual relationship on the date of his initial hearing because he admitted that the evidence was available at the hearing when he testified falsely that he had no relationship.
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| Umsted v. Umsted, No. 05-1484,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 14, 2006, Decided
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Overview: Where grandchildren alleged tortious interference with their expectancy of inheritance and undue influence regarding an inter vivos property conveyance by their grandmother, their claims failed because they did not exhaust their statutory remedies; their claims should have been pursued in a proceeding pursuant to R.I. Gen. Laws § 33-18-17.
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| United States v. Gil-Quezada, No. 05-1252,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 14, 2006, Decided
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Overview: Judge's comments at disposition hearing had no bearing on whether defendant knowingly and voluntarily waived appellate rights. As to change-of-plea hearing, in view of extensive questioning occurring during plea colloquy and repeated assurances defendant and counsel gave to judge, it was implausible to conclude judge's questions were misleading.
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| United States v. Perez-Gonzalez, No. 04-1104,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 14, 2006, Decided
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Overview: Court of appeals held that 18 U.S.C.S. §§ 844(f)(1) and 1361 were distinct offenses under test which U.S. Supreme Court adopted in Blockburger v. United States because they required different elements of proof, and it upheld defendant's convictions for violating both statutes after he entered a U.S. Naval base and set fire to a government vehicle.
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