1st Circuit Court of Appeals, July, 2007, Federal Case law

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Federal Courts - 1st Circuit Court of Appeals - July 12, 2007

Heng v. Gonzales, No. 06-1479, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 12, 2007, Decided
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Overview: IJ's credibility determination was not supported by substantial evidence because alien's failure to list relatively minor incident of persecution in her application for asylum, in light of alien's allegations that she was held in confinement without water for three days and her husband was subsequently murdered, should not have been fatal to claim.

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United States v. Lino, No. 05-1665, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 12, 2007, Decided
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Overview: Defendant's 144-month sentence for conspiring to distribute, and distributing, cocaine, violations of 21 U.S.C.S. ?? 846, 841(a)(1), was proper as a state conviction that took place during the course of the ongoing conspiracy could be used to enhance the sentence per ? 841(b)(1)(B) as defendant continued participating in the conspiracy afterwards.

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United States v. McFarlane, No. 06-1779, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 12, 2007, Decided
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Overview: Defendant's motion to suppress was properly denied because, under the Fourth Amendment, officer had probable cause to arrest defendant when he saw a chase between two men after hearing gun shots, learned from one chase participant that the other had tried to shoot him, and saw defendant go to trash can and possibly place something under the liner.

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Zipperer v. Raytheon Co., No. 06-2493, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 12, 2007, Decided
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Overview: Judgment on the pleadings was proper as to Massachusetts claims for negligence, equitable estoppel, and negligent misrepresentation because, under 29 U.S.C.S. ? 1144(a)'s "related to" provision, claims were preempted by ERISA as they could only be evaluated with respect to an employer's recordkeeping responsibilities for its benefit plan.

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