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| Dar-Salameh v. Gonzales, No. 05-2886,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, November 15, 2006, Decided
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Overview: Alien's petition for review was denied because his arguments had not previously been raised before the BIA or an IJ, and the alien failed to bring his claim in the correct place: he did not move to reopen before the IJ. A stay of deportation was extended for 60 days to permit the alien to file a motion to reopen under 8 C.F.R. § 1003.23(b)(4)(i).
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| United States v. Sousa, No. 05-2758,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, November 15, 2006, Decided
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Overview: A Mass. Gen. Laws ch. 265, § 15(B)(b) (1975) conviction was a felony because assault with a dangerous weapon carried the potential for a state prison term. Therefore, a district court had correctly ruled that 1977 conviction for assault with a dangerous weapon was a predicate offense under 18 U.S.C.S. § 922(g).
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| United States v. Theodore, Nos. 05-1119, 05-1120,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, November 15, 2006, Decided
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Overview: Defense counsel's performance undoubtedly fell below the very forgiving Sixth Amendment standard for effective assistance of counsel, but it was not so deficient that defendant should have been relieved from demonstrating actual prejudice under Strickland. Remand was necessary to determine whether there had been actual prejudice.
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| Buchanan v. Maine, No. 06-1466,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, November 16, 2006, Decided
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Overview: Because deputies reasonably believed that they could lawfully enter the house of a mentally ill person, they were entitled to qualified immunity for their entry which led to the person's shooting death. Because no ADA claim was established against the State, the district court should not have reached the Eleventh Amendment issue.
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| Kim v. Gonzales, No. 05-2462,
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, November 16, 2006, Decided
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Overview: The BIA's decision that a petitioner was not eligible to apply for § 212(c) (8 U.S.C.S. § 1182(c) repealed) relief was affirmed because "aggravated felony" and "crime of violence," although statutory grounds for deportation, were not statutory grounds for exclusion; thus, the exclusion statute did not provide authority for waivers on such grounds.
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