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

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Federal Courts - 1st Circuit Court of Appeals - July 31 - August 3, 2007

Chedad v. Gonzales, No. 05-2782, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 31, 2007, Decided
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Overview: Where an alien overstayed his voluntary departure period, though he filed a motion to reopen before its expiration, he was ineligible for adjustment of status as 8 U.S.C.S. ? 1229a(7)(C)(1) and 8 U.S.C.S. ??1229c(b)(2) evinced a Congressional intent to make voluntary departure benefits available only to those who agreed to leave the U.S. willingly.

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Lopez-Reyes v. Gonzales, No. 06-2505, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 31, 2007, Decided
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Overview: Alien failed to state a claim that the BIA's unanimous consent rule violated due process when it was used to deny an administrative closing of removal proceedings to a child who had a derivative interest in her parent's asylum application, which had not yet been adjudicated, where there was no cognizable liberty or property interest at stake.

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Rodriguez-Garcia v. Municipality of Caguas, No. 05-1847, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 31, 2007, Decided
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Overview: Court granted municipal employee's request for new trial against mayor and, as municipal liability could be premised upon mayor's liability, against municipality because trial court erred when it dismissed case against mayor based on its Fed. R. Evid. 408 ruling limiting use of letters giving notice of claim that were critical to employee's case.

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United States v. Portalla, No. 06-1362, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 31, 2007, Decided
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Overview: Sufficient evidence supported defendant's convictions for conspiracy to distribute cocaine and money laundering, violations of 21 U.S.C.S. ? 846 and 18 U.S.C.S. ? 1956 as it supported a finding that he knowingly and voluntarily decided to participate in the conspiracy by, inter alia, providing drug dealers with phones and pagers under false names.

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Muniz-Olivari v. Stiefel Labs., Inc., No. 06-1944, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 1, 2007, Decided
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Overview: Case was remanded to the district court with instructions to certify, pursuant to P.R. Laws Ann. tit. 32, app. III, R. 53.1(f), the question of whether emotional suffering damages were available to the employee and his wife in their breach of contract action since the question was best addressed initially by the Supreme Court of Puerto Rico.

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Ramirez-Carlo v. United States, No. 06-1559, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 1, 2007, Decided
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Overview: Where a veteran, after settling a related claim, sued the VA per the FTCA, arguing that its failure to treat a coronary condition contributed to his need for open-heart surgery, while the VA found the claim time-barred by 28 U.S.C.S. ? 2401(b), equitable estoppel applied as it could be seen that the VA agreed to the second claim's later submission.

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United States v. Javier, No. 06-1099, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 3, 2007, Decided
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Overview: Where defendant pled guilty to an illegal reentry offense per 8 U.S.C.S. ??1326, and he objected to a federal district court's determination that his downward departure motion lacked merit, because he did not show that the district court misapprehended the law or its authority to depart, the federal appellate court could not review the decision.

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United States v. Rivera-Hernandez, No. 06-1355, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, August 3, 2007, Decided
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Overview: Co-conspirator statement exception of Fed. R. Evid. 801(d)(2)(E) was inapplicable to defendant's statement to his father regarding his explanation for the request for fraudulent invoices since the alleged statement made by defendant was not offered against his position at trial but was offered as a means to exculpate him.

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