1st Circuit Case Commentaries

Jus Soli, Not Domicile: First Circuit Reaffirms Birthright Citizenship and Clarifies Injunctive Scope in Doe v. Trump

Date: Oct 9, 2025

Jus Soli, Not Domicile: First Circuit Reaffirms Birthright Citizenship and Clarifies Injunctive Scope in Doe v. Trump Introduction In Doe v. Trump, the First Circuit confronted Executive Order 14160,...

First Circuit Confirms Birthright Citizenship Bars EO 14160 and Clarifies Injunctions Cannot Run Against the President or Agencies

Date: Oct 9, 2025

First Circuit Confirms Birthright Citizenship Bars EO 14160 and Clarifies Injunctions Cannot Run Against the President or Agencies Introduction In New Hampshire Indonesian Community Support v. Trump,...

Jus Soli Reaffirmed and Universal Relief Clarified: First Circuit Strikes Down EO 14160 and Holds “Subject to the Jurisdiction” Encompasses Nearly All U.S.-Born Children

Date: Oct 9, 2025

Jus Soli Reaffirmed and Universal Relief Clarified: First Circuit Strikes Down EO 14160 and Holds “Subject to the Jurisdiction” Encompasses Nearly All U.S.-Born Children Introduction This appeal from...

Evenhanded Pork Sales Bans Survive: First Circuit Applies National Pork to Reject Dormant Commerce Clause and FMIA/PSA Preemption Challenges

Date: Oct 9, 2025

Evenhanded Pork Sales Bans Survive: First Circuit Applies National Pork to Reject Dormant Commerce Clause and FMIA/PSA Preemption Challenges Introduction In Triumph Foods, LLC v. Campbell (1st Cir....

Reaffirming Arreguin: First Circuit Requires the BIA to Identify Corroboration Before Heavily Relying on Non‑Conviction Police Reports to Deny Adjustment of Status

Date: Oct 9, 2025

Reaffirming Arreguin: First Circuit Requires the BIA to Identify Corroboration Before Heavily Relying on Non‑Conviction Police Reports to Deny Adjustment of Status Introduction In Maurice v. Bondi,...

Judicial Notice of a Prior Competency Finding Is Permissible Without Vouching; Strict Timeliness for Rule 37 Appeals Confirmed — Commentary on United States v. Ferrer‑Sosa (1st Cir.)

Date: Oct 1, 2025

Judicial Notice of a Prior Competency Finding Is Permissible Without Vouching; Strict Timeliness for Rule 37 Appeals Confirmed — United States v. Ferrer‑Sosa (1st Cir.) Introduction This commentary...

Competency Is Not Credibility: First Circuit Upholds Judicial Notice of Prior Plea Competency Without Vouching, and Reaffirms Strict Timeliness for Appeals from Rule 37 Indicative Rulings

Date: Oct 1, 2025

Competency Is Not Credibility: First Circuit Upholds Judicial Notice of Prior Plea Competency Without Vouching, and Reaffirms Strict Timeliness for Appeals from Rule 37 Indicative Rulings...

Competency ≠ Credibility: First Circuit Upholds Judicial Notice of Prior Plea Competency and Demands Timely Appeals from Rule 37 Indicative Rulings — United States v. Vázquez‑Rijos

Date: Oct 1, 2025

Competency ≠ Credibility: First Circuit Upholds Judicial Notice of Prior Plea Competency and Demands Timely Appeals from Rule 37 Indicative Rulings Case: United States v. Vázquez‑Rijos (1st Cir.)...

Judicial Notice of a Witness’s Prior Competency Finding Does Not Usurp the Jury’s Credibility Function: United States v. Vázquez‑Rijos (1st Cir.)

Date: Oct 1, 2025

Judicial Notice of a Witness’s Prior Competency Finding Does Not Usurp the Jury’s Credibility Function: United States v. Vázquez‑Rijos (1st Cir.) Introduction In a sprawling, multi-year prosecution...

Limited Judicial Notice of a Witness’s Prior Competency Finding and Strict Appellate Rules for Rule 37 Motions: United States v. Vázquez‑Rijos (1st Cir.)

Date: Oct 1, 2025

Limited Judicial Notice of a Witness’s Prior Competency Finding and Strict Appellate Rules for Rule 37 Motions: United States v. Vázquez‑Rijos Introduction This commentary analyzes the First...

Competency vs. Credibility: First Circuit okays judicial notice of a witness’s prior plea-competency finding and clarifies appeals from Rule 37 indicative rulings — United States v. Vázquez‑Rijos

Date: Oct 1, 2025

Competency vs. Credibility: First Circuit okays judicial notice of a witness’s prior plea-competency finding and clarifies appeals from Rule 37 indicative rulings — United States v. Vázquez‑Rijos...

Competency Is Not Credibility: First Circuit Upholds Judicial Notice of Prior Plea Competency and Clarifies Appellate Procedure for Rule 37 Motions

Date: Oct 1, 2025

Competency Is Not Credibility: First Circuit Upholds Judicial Notice of Prior Plea Competency and Clarifies Appellate Procedure for Rule 37 Motions Introduction In United States v. Vázquez-Rijos, the...

Competency Is Not Credibility: First Circuit Approves Limited Judicial Notice of Prior Plea Competency and Clarifies Appellate Practice for Rule 37 Motions in United States v. Vázquez-Rijos

Date: Oct 1, 2025

Competency Is Not Credibility: First Circuit Approves Limited Judicial Notice of Prior Plea Competency and Clarifies Appellate Practice for Rule 37 Motions in United States v. Vázquez-Rijos...

No Categorical NBA Preemption: First Circuit Requires Nuanced, Evidence‑Based Showing of “Significant Interference” for State Escrow‑Interest Laws

Date: Sep 24, 2025

No Categorical NBA Preemption: First Circuit Requires Nuanced, Evidence‑Based Showing of “Significant Interference” for State Escrow‑Interest Laws Introduction In Conti v. Citizens Bank, N.A. (1st...

Reasoned Explanation Required for BIA Denials of Motions to Accept Late-Filed Briefs Under 8 C.F.R. § 1003.3(c)(1)

Date: Sep 24, 2025

Reasoned Explanation Required for BIA Denials of Motions to Accept Late-Filed Briefs Under 8 C.F.R. § 1003.3(c)(1) Case: Lopez-Gomez v. Bondi, No. 24-1921 (1st Cir. Sept. 22, 2025) Court: United...

Temporal Proximity Not Required: First Circuit Clarifies Causation and Pretext Under Puerto Rico Law 115

Date: Sep 24, 2025

Temporal Proximity Not Required: First Circuit Clarifies Causation and Pretext Under Puerto Rico Law 115 Introduction In Mercado v. Hyannis Air Service, Inc., No. 23-1744 (1st Cir. Sept. 22, 2025),...

First Circuit Holds “Extraordinary Circumstances” Excuses for Untimely Asylum Are Unreviewable Discretionary Judgments After Wilkinson

Date: Sep 24, 2025

First Circuit Holds “Extraordinary Circumstances” Excuses for Untimely Asylum Are Unreviewable Discretionary Judgments After Wilkinson Introduction In Zapet-Alvarado v. Bondi, the First Circuit...

First Circuit Clarifies INA Parole Authority: “Case‑by‑Case” Limits Grants, Not Termination; DHS May Categorically End and Revoke Parole Programs

Date: Sep 13, 2025

First Circuit Clarifies INA Parole Authority: “Case‑by‑Case” Limits Grants, Not Termination; DHS May Categorically End and Revoke Parole Programs Introduction Doe v. Noem addresses the scope of the...

First Circuit Reaffirms Strict Raise‑or‑Waive in Collateral Estoppel Disputes: Shabshelowitz v. Rhode Island Department of Public Safety

Date: Sep 13, 2025

First Circuit Reaffirms Strict Raise‑or‑Waive in Collateral Estoppel Disputes: Shabshelowitz v. Rhode Island Department of Public Safety Introduction This First Circuit decision underscores a...

Waiver Rules Govern Stay Appeals: First Circuit Limits Reliance on Supreme Court Interim Orders and Enforces Rule 8 in Denying Stay of Injunction Against Agency Dismantlement

Date: Sep 12, 2025

Waiver Rules Govern Stay Appeals: First Circuit Limits Reliance on Supreme Court Interim Orders and Enforces Rule 8 in Denying Stay of Injunction Against Agency Dismantlement Introduction This...