1st Circuit Case Commentaries

VAWA “Protection Order” Includes Prosecutor-Sought Criminal No-Contact Orders Despite Victim Opposition

Date: Jun 3, 2026

VAWA “Protection Order” Includes Prosecutor-Sought Criminal No-Contact Orders Despite Victim Opposition Case: United States v. Pilson (1st Cir. June 1, 2026) | Statutes: 18 U.S.C. § 1201(a)(1); 18...

Prospective-Relief Standing Requires a Plaintiff-Specific, Imminent Harm—Agency Silence Does Not Create Article III Injury

Date: Jun 1, 2026

Prospective-Relief Standing Requires a Plaintiff-Specific, Imminent Harm—Agency Silence Does Not Create Article III Injury 1. Introduction In Courtemanche v. Noble, four Worcester County residents...

“Eligibility Is Not Enough”: Rule 9(b) Requires Indicia of Actual Government-Reimbursed Claims in Inducement FCA Pleading

Date: Jun 1, 2026

“Eligibility Is Not Enough”: Rule 9(b) Requires Indicia of Actual Government-Reimbursed Claims in Inducement FCA Pleading Case: USA, ex rel. Solano v. Barton Associates, Inc. (1st Cir. May 28, 2026)...

Buckley v. Blanche: The BIA Must Explain Lozada Noncompliance and Reopen Where Counsel’s Missed Brief Likely Mattered and the IJ Failed to Develop the Record

Date: Jun 1, 2026

Buckley v. Blanche: The BIA Must Explain Lozada Noncompliance and Reopen Where Counsel’s Missed Brief Likely Mattered and the IJ Failed to Develop the Record I. Introduction In Buckley v. Blanche...

Argueta Castillo v. Blanche — Deferential Appellate Review of Cancellation Hardship Determinations After Wilkinson

Date: Jun 1, 2026

Argueta Castillo v. Blanche: Deferential Review of “Exceptional and Extremely Unusual Hardship” (and No Requirement to Address Every Hardship Factor) After Wilkinson 1. Introduction Case: Argueta...

Buckley v. Blanche: The BIA Must Explain Lozada Noncompliance and Reopen Where Missed Brief Likely Obscured a Meritorious “Failure to Develop the Record” Claim

Date: Jun 1, 2026

Buckley v. Blanche: The BIA Must Explain Lozada Noncompliance and Reopen Where Missed Brief Likely Obscured a Meritorious “Failure to Develop the Record” Claim I. Introduction Case: Buckley v....

United States v. Johnson (1st Cir. 2026): No Evidentiary Hearing Required to Exclude Cooperation/Plea Statements Absent a Requested Hearing and a Material Fact Dispute; Sentencing May Rely on Reliable PSR Accounts of Unavailable Witness Statements

Date: Jun 1, 2026

United States v. Johnson (1st Cir. 2026): No Evidentiary Hearing Required to Exclude Cooperation/Plea Statements Absent a Requested Hearing and a Material Fact Dispute; Sentencing May Rely on...

Plain-Error Review Shields Within-Guidelines Prosecutorial Advocacy from “Wink-and-Nod” Plea-Breach Claims

Date: Jun 1, 2026

Plain-Error Review Shields Within-Guidelines Prosecutorial Advocacy from “Wink-and-Nod” Plea-Breach Claims 1. Introduction In United States v. Garcia-Toro (1st Cir. May 29, 2026), the First Circuit...

Severity of Harm Is Not “Persecution” Without Nexus; Waiver and Corroboration Independently Defeat Asylum Claims

Date: May 24, 2026

Severity of Harm Is Not “Persecution” Without Nexus; Waiver and Corroboration Independently Defeat Asylum Claims Case: Vasquez-Chavez v. Bondi (1st Cir. May 22, 2026) 1. Introduction In...

AEDPA Review Requires a Reviewable State-Court Record: No § 2254(d) Merits Ruling Without Key Trial Testimony (or a Narrative Summary)

Date: May 24, 2026

AEDPA Review Requires a Reviewable State-Court Record: No § 2254(d) Merits Ruling Without Key Trial Testimony (or a Narrative Summary) Case: Crespo-Morales v. Caro-Delgado (1st Cir. May 22, 2026) 1....

Summary Judgment Cannot Rest on “Waiver Alone,” and Sua Sponte Case Dismissal Requires Notice and a Chance to Respond

Date: May 22, 2026

Summary Judgment Cannot Rest on “Waiver Alone,” and Sua Sponte Case Dismissal Requires Notice and a Chance to Respond I. Introduction In Arocho-Rodriguez v. Roldan-Concepcion (1st Cir. May 21, 2026),...

In-Camera Court Custody of Subpoenaed Medical Records Defeats “Irreparable Harm” for an Injunction Pending Appeal

Date: May 22, 2026

In-Camera Court Custody of Subpoenaed Medical Records Defeats “Irreparable Harm” for an Injunction Pending Appeal 1. Introduction This First Circuit order arises from an unusual, fast-moving,...

Rule 32.1 Notice Must Track the Condition Alleged When Conduct Is Treated as a Higher-Grade “New Crime” Violation—But Plain-Error Relief Requires Prejudice

Date: May 22, 2026

Rule 32.1 Notice Must Track the Condition Alleged When Conduct Is Treated as a Higher-Grade “New Crime” Violation—But Plain-Error Relief Requires Prejudice Case: United States v. Ortiz-Rodríguez (1st...

Massachusetts Carjacking Is Not Categorically a Career-Offender “Crime of Violence” Under U.S.S.G. § 4B1.2(a)(1)

Date: May 22, 2026

Massachusetts Carjacking Is Not Categorically a Career-Offender “Crime of Violence” Under U.S.S.G. § 4B1.2(a)(1) I. Introduction In United States v. Pimental (1st Cir. May 20, 2026), the First...

Enforcement Orders That Compel “Compliance” with a Reinstated Federal CBA Likely Modify an Injunction and Trigger Sovereign-Immunity Limits on Specific Performance

Date: May 20, 2026

Enforcement Orders That Compel “Compliance” with a Reinstated Federal CBA Likely Modify an Injunction and Trigger Sovereign-Immunity Limits on Specific Performance 1. Introduction In American...

Willful-Blindness “Warning Signs” and No Separate Good-Faith Instruction in § 1956(h) Money-Laundering Conspiracies

Date: May 20, 2026

Willful-Blindness “Warning Signs” and No Separate Good-Faith Instruction in § 1956(h) Money-Laundering Conspiracies Case: United States v. Quaye (Nos. 24-1650, 24-1821) (1st Cir. May 15, 2026) Court:...

United States v. Deschambault: Particularity in Drug-Trafficking Cell-Phone Warrants Permits Review of Images/Videos; Lawfully Discovered Evidence May Seed a Separate Child-Exploitation Investigation

Date: May 20, 2026

United States v. Deschambault: Particularity in Drug-Trafficking Cell-Phone Warrants Permits Review of Images/Videos; Lawfully Discovered Evidence May Seed a Separate Child-Exploitation Investigation...

United States v. Perez-Otero — McCormick’s “Explicit Quid Pro Quo” Applies Only If the Payment Is Truly a Campaign Contribution

Date: May 20, 2026

McCormick’s “Explicit Quid Pro Quo” Is Triggered Only by True Campaign Contributions — and Secrecy/Non-Reporting Supports Treating “Campaign-Debt” Cash as Ordinary Bribes 1. Introduction In United...

Revocation Sentencing Must Be Based on the Revocation Record: Extra-Record Trial Evidence Cannot Supply a Grade A Finding

Date: May 19, 2026

Revocation Sentencing Must Be Based on the Revocation Record: Extra-Record Trial Evidence Cannot Supply a Grade A Finding I. Introduction In United States v. Fernandez-Santos (1st Cir. May 15, 2026),...

Overlapping Evidence May Support a Willful-Blindness Instruction in Money-Laundering Conspiracies, and Guidelines Errors Are Harmless Where the Court Would Impose the Same Sentence

Date: May 19, 2026

Overlapping Evidence May Support a Willful-Blindness Instruction in Money-Laundering Conspiracies, and Guidelines Errors Are Harmless Where the Court Would Impose the Same Sentence Case: United...