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United States First Circuit - October 2004 Opinion Summaries

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Description Date Docket #
MAHABIR v. ASHCROFT
United States First Circuit
Immigration Law, Labor & Employment Law 
Revocation of plaintiff's employment visa is affirmed where the Board of Immigration Appeals does not have the authority to grant plaintiff's...
10/25/2004 03-1059
M & K WELDING, INC. v. LEASING PARTNERS, LLC
United States First Circuit
Civil Procedure 
The failure to have effected service on the Secretary of State, prior to sending notice to defendant, constitutes a defect fatal to both service and...
10/25/2004 04-1027
VEN v. ASHCROFT
United States First Circuit
Immigration Law 
Denial of plaintiff's motion to reopen is affirmed where the Board of Immigration Appeals' decision was not made without a rational explanation and...
10/25/2004 04-1396, 04-1397
EVICCI v. MALONEY
United States First Circuit
Criminal Law & Procedure 
Defendant's rape conviction is affirmed over his challenge of ineffective assistance of counsel.
10/25/2004 031964
KNOTT v. FED. ENERGY REGULATORY COMM'N
United States First Circuit
Administrative Law, Government Law, Public Utilities, Water Law 
Plaintiff's petition for review of Federal Energy Regulatory Commission orders for compliance, asserting mandatory licensing authority over...
10/25/2004 00-1909, 01-2025, 03-2055
CUEVAS v. DEROSA
United States First Circuit
Administrative Law, Government Law, Public Utilities, Water Law 
Criminal Law and Procedure, Habeas Corpus
10/25/2004 04-2066
US v. ZENON-ENCARNACION
United States First Circuit
Administrative Law, Criminal Law & Procedure, Environmental Law, Military Law, Water Law 
Defendants' convictions for illegally entering waters designated as a "danger zone" during a military training exercise are reversed where the...
10/25/2004 03-2517, 03-2518, 03-2519
EULITT v. STATE OF MAINE
United States First Circuit
Constitutional Law, Education Law 
The Equal Protection Clause does not require defendant (state of Maine) to extend tuition payments to private sectarian secondary schools on behalf of...
10/25/2004 04-1496
US v. LACHMAN
United States First Circuit
Commercial Law, Constitutional Law, Criminal Law & Procedure, International Trade, Military Law 
The term "specially designed," as used in the Export Administration Act of 1979, is not unconstitutionally vague.
10/25/2004 03-2274, 03-2275
YMERI v. ASHCROFT
United States First Circuit
Immigration Law 
The Board of Immigration Appeals' order of removal of plaintiff is affirmed where there was substantial evidence to support the Immigration judge's...
10/21/2004 03-1058

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