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 — 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...
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.) 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 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...
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...
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) 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 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 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 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 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 Introduction This...
First Circuit Validates HHS Pre-Deeming of FQHC Providers’ Hospital On‑Call Care and Holds FTCA Accrual Began at Death in Maternal Mortality Case Introduction In O'Brien v. United States, the First...
“Subdued” Does Not Mean “Handcuffed”: First Circuit Extends the Clearly Established Prohibition on Prone Compression to the Pre-Cuffing Phase Introduction In Miller v. Roycroft, No. 24-1351 (1st Cir....
United States v. Medina: First Circuit Clarifies Permissible Use of Generic Interstate Commerce Examples in Jury Instructions and Affirms Narrow Application of the Excited Utterance Exception...
“Adequately Supply” Means Quantity-Ambiguous, Not Quality-Certain: First Circuit Narrows Failure‑to‑Supply Limitations and Affirms Broad Duty to Defend for Reckless Product Decisions Introduction In...