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| Andayani v. Gonzales, No. 05-2269,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 13, 2007, Decided
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Overview: Petition for review of denial of an asylum application was denied because alien failed to satisfy standard of 8 U.S.C.S. § 1158(b)(1). She did not establish past persecution under 8 C.F.R. § 208.13(b) as she experienced no physical violence from militant Muslims, there was limited damage to property, and she relocated successfully within Indonesia.
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| Bunthan v. Gonzales, No. 06-1496,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 13, 2007, Decided
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Overview: Alien was not entitled to protection under CAT because documentary evidence that she introduced made only generalized references to commission of atrocities against local populace. There was no evidence suggesting that those atrocities were targeted at persons like the alien, whose family continued to reside in Cambodia without apparent incident.
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| Lopez v. Gonzales, No. 06-2257,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 13, 2007, Decided
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Overview: Petition for review of aliens threatened by guerilla group was denied because, in part, they did not present evidence that they would be faced with torture, particularly such as would be done by or at instigation of or with acquiescence of public official, as required by 8 C.F.R. 208.18(a)(1). Thus, they did not qualify for protection under CAT.
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| Pula v. Gonzales, No. 06-2208,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 13, 2007, Decided
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Overview: Alien was not entitled to asylum or withholding of removal, although unidentified men assaulted and threatened her and abducted her sons, because timing strongly indicated that those incidents were motivated by desire to silence exposure of corruption and sexual harassment at her workplace rather than by alien's political affiliation or beliefs.
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| Sepulveda-Carrero v. Rullan, No. 05-2808,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 13, 2007, Decided
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Overview: In a political discrimination case, attorney's fees under 42 U.S.C.S. § 1988 were properly awarded to defendant Puerto Rico Secretary of Health although plaintiff former medical director "survived" dismissal and summary judgment because the district court was required to make inferences in his favor and surviving did not equal evidentiary support.
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| United States v. Dolliver, No. 06-1279,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 13, 2007, Decided
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Overview: Sufficient evidence supported appellant's conviction under 18 U.S.C.S. § 924(c)(1)(A)(i) for possession of a firearm in furtherance of a drug trafficking crime as the growing consensus was that trading drugs for guns constituted possession in furtherance of a drug trafficking crime, and he failed to argue otherwise.
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| United States v. Fisher, No. 06-1202,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 13, 2007, Decided
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Overview: Evidence was sufficient to sustain defendant's conviction under 18 U.S.C.S. § 1958(a) where the evidence supported the reasonable inference that the individual defendant contacted to obtain the witness's identity lived in Canada and was in Canada when he spoke to defendant, and that defendant therefore made cross-border calls to contact him.
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| Lopez de Hincapie v. Gonzales, No. 06-2259,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 17, 2007, Decided
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Overview: BIA properly denied the alien's application for asylum under 8 U.S.C.S. § 1158 since the alien failed to connect her asylum claim to her political opinion where the alien could not identify the source of the threats, either precisely or categorically; and the record did not show that the threats were associated with her political opinion.
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