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

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Federal Courts - 1st Circuit Court of Appeals - April 17, 2008

Arias-Valencia v. Mukasey, No. 07-1713, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 17, 2008, Decided
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Overview: Motion to reopen based on the CAT was properly denied because it was untimely, the BIA provided "specific, cogent, and supportable explanations" for its denial, and alien failed to show a material change in country conditions that would qualify him for an exception to 8 U.S.C.S. ? 1229a(c)(7)'s time and numerical limitations for motions to reopen.

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Chardon-Dubos v. United States, No. 07-1966, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 17, 2008, Decided
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Overview: Citizen lacked standing to challenge Pub. L. No. 600, 64 Stat. 319 (1950) since the injury that he alleged in his complaint was conjectural, and he failed to allege a sufficiently direct causal link between the claimed violation, enactment of Law 600, and the claimed personal injury, increased prices and reduced services for Puerto Rico residents.

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Livick v. Gillette Co., No. 07-2108, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 17, 2008, Decided
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Overview: Former employee was not entitled to equitable relief pursuant to 29 U.S.C.S. ? 1132(a)(3) of ERISA in dispute over erroneous pension benefit estimates he received before he left his employer because there was no breach of fiduciary duty, since providing benefits estimate was a ministerial task, and there was no reasonable reliance on the estimates.

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Milliren v. Milliren (In re Milliren), BAP NO. MB 07-044, Bankruptcy Case No. 05-30237-WCH, UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT, April 17, 2008, Decided, April 17, 2008, Filed
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Overview: If probate court order exceeded liquidation value of non-estate assets and was violation of automatic stay, debtor was required to raise that defense before probate court, and under 28 U.S.C.S. ? 1738, bankruptcy court was barred from litigating stay violation issue that should have been litigated in probate court.

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Morales-Tanon v. P.R. Elec. Power Auth., No. 07-1774, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 17, 2008, Decided
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Overview: Attorney's ? 1983 claims asserting First, Fifth, and Fourteenth Amendment violations due to government employer's failure to open committee presidency spot-where he claimed he was only qualified candidate-in retaliation for his political views were dismissed as such did not support discrimination claim, nor did he have property interest in process.

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United States v. Cardona-Diaz, No. 06-2315, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, April 17, 2008, Decided
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Overview: Where defendant received 87 months after pleading to crimes per 21 U.S.C.S. ?? 841(a), 846 and 18 U.S.C.S. ? 2, his appeal was barred by a waiver as, while the trial court mistakenly thought the parties agreed to the sentence and nobody objected, there was no miscarriage of justice as it appeared to be based on drug quantity and uncharged conduct.

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