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| Silva v. Gonzales, No. 05-2633,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 14, 2006, Decided
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Overview: Where IJ found alien removable under 8 U.S.C.S. § 1227(a)(2)(A)(iii) because he had convicted of "aggravated felony" because his conviction for statutory rape was "for crime of rape" and was for "abuse of a child," and alien challenged only latter finding, he waived review of former finding, independent basis for finding alien removable.
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| United States v. Rodriguez-Ortiz, No. 05-1350, No. 05-1351,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 14, 2006, Decided
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Overview: Sufficient evidence supported defendants' drug conspiracy convictions under 21 U.S.C.S. §§ 841(a)(1), 846, 952(a), and 963 because there was evidence that, inter alia, one defendant procured cellular telephones for use in the conspiracy and the other defendant provided counter-surveillance and protection for the ringleader at a meeting.
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| Burrell v. Town of Marion (In re Burrell), BAP NO. MB 05-064,
UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT, July 18, 2006, Decided
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Overview: Although property was co-owned during a Chapter 13 bankruptcy, a debtor's completion of her plan effectively discharged the real estate tax lien covering pre-petition real estate taxes and water charges as there was no authority under Massachusetts law to assess real estate taxes upon the undivided interest of joint tenants or tenants in common.
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| Colon-Millin v. Sears Roebuck de P.R., Inc., No. 05-1693,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 19, 2006, Decided
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Overview: In this tort action, the denial of plaintiff's motion for a new trial was affirmed where plaintiff failed to respond to the surprise at trial in a manner that justified a new trial. She did not object to the defense witnesses' testimony, and she did not request a continuance in order to respond or seek any other sanction for a discovery violation.
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| Hickey v. MetroWest Med. Ctr., Nos. 04-2461, 04-2462,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 19, 2006, Decided
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Overview: A hospital's motion to dismiss was proper because even though the successful motion to dismiss was the second motion to dismiss, and thus the hospital's defense would have usually been waived for not raising it in the first motion, Fed. R. Civ. P. 12(h)(3) provided an exception to waiver for the defense of lack of subject matter jurisdiction.
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| Padilla v. Barnhart, No. 05-1883,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 19, 2006, Decided
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Overview: Substantial evidence did not support the decision to deny a claimant's application for disability benefits under the Social Security Act, because the ALJ, inter alia, relied on a vocational expert's answer to a confusing compound hypothetical question and consulting physician reports which were based on an incomplete medical record.
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| Ceribashi v. Gonzales, No. 05-2106,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 21, 2006, Decided
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Overview: Alien's petition for review of denial of asylum was affirmed because, given alien's age, the apparent decline in politically motivated incidents, and the not unreasonable inference of partial fabrication drawn by the IJ from alien's hearing testimony and other statements, his ruling was supportable.
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| United States v. Morales-Rodriguez, No. 04-2495,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, July 21, 2006, Decided
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Overview: Defendant's convictions for, inter alia, mail fraud, 18 U.S.C.S. § 1341, conspiracy to commit mail fraud, 18 U.S.C.S. § 371, and embezzlement of labor union funds, 29 U.S.C.S. § 501(c) were affirmed as they were supported by substantial evidence. Defendant's Brady claims and sentencing challenges also failed.
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