Justia Government & Administrative Law Opinion Summaries

Sig Sauer, Inc., a gun manufacturer headquartered in New Hampshire, sought to market a gun that included a “silencer” under the National Firearms Act (NFA). The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) issued a classification letter classifying the part at issue to be a silencer under the NFA. Big Sauer challenged ATF’s classification in a federal district court. The district court ultimately granted summary judgment in favor of ATF. The First Circuit affirmed, holding that ATF’s decision was supported by the evidence and that its classification of the part was not arbitrary or capricious. View "Sig Sauer, Inc. v. Brandon" on Justia Law

Petitioner, a native of El Salvador with multiple convictions, was placed in removal proceedings. An Immigration Judge (IJ) rejected Petitioner’s application for Nicaraguan Adjustment and Central American Relief Act (NACARA) special rule cancellation of removal. The Board of Immigration Appeals (BIA) dismissed Petitioner’s appeal. A Massachusetts district court later vacated Petitioner’s convictions, and the charges were subsequently dismissed for failure to prosecute. Thereafter, the BIA vacated its prior decision and remanded the case to the IJ for reconsideration. The IJ acknowledged that Petitioner was eligible for relief from removal under NACARA but exercised its discretion by declining to grant relief. The BIA affirmed. The First Circuit affirmed, holding that Petitioner did not deserve a favorable exercise of discretion. View "Lima v. Lynch" on Justia Law

The National Labor Relations Board (Board) issued an order ruling that a Massachusetts car dealership was liable for unfair labor practices. The dealership petitioned for review, arguing that the Board’s findings were not supported by substantial evidence and that the Board applied its precedents arbitrarily and capriciously. The Board, in turn, petitioned for enforcement of its order. The Supreme Court denied the dealership’s petition for review and granted the Board’s petition for enforcement, holding that the Board’s rulings were supported by substantial evidence and by reasoning that was not arbitrary and capricious. View "Boch Imports Inc. v. Nat’l Labor Relations Bd." on Justia Law

In 2013, Plaintiff, a participant in the Section 8 Federal Housing Choice Voucher Program, listed among her assets a trust that had been established in 2010 to hold Plaintiff's proceeds from a series of tort settlements. The Brookline Housing Authority (BHA) subsequently determined that Plaintiff was “over-income” for continued participation in the Program, as locally administered by the BHA. Plaintiff appealed, requesting that the BHA exclude at least some of these trust disbursements from its income calculation in reasonable accommodation of her disability. The BHA reaffirmed its determination. Thereafter, Plaintiff sued, alleging that the BHA had violated state and federal law by incorrectly calculating her income under the relevant federal regulations and by engaging in disability-based discrimination. The district court ruled in favor of BHA. The First Circuit (1) reversed the district court’s ruling on Plaintiff’s 42 U.S.C. 1983 claim brought under the Housing Act, holding that the BHA misconstrued federal regulations in calculating Plaintiff’s income; (2) vacated the district court’s ruling on Plaintiff’s state and federal discrimination claims and remanded with instructions to dismiss those claims as moot; and (3) affirmed the district court’s denial of Plaintiff’s remaining claims. Remanded. View "DeCambre v. Brookline Housing Auth." on Justia Law

Petitioner, a native of St. Vincent and the Grenadines, overstayed her visa and was subjected to removal proceedings. Petitioner applied for special rule cancellation of removal for battered spouses, a relief provision enacted pursuant to the Violence Against Women Act (VAWA). An immigration judge (IJ) denied the application on the ground that Petitioner’s testimony was unreliable and non-credible with respect to her abuse. The Board of Immigration Appeals (BIA) affirmed on the basis that a good faith marriage must be shown before an applicant may be eligible for VAWA special rule cancellation of removal. The First Circuit vacated the denial of Petitioner’s application for VAWA special-rule cancellation of removal, holding that the BIA’s failure to adequately explain its decision that the operative statute requires an alien to prove a good faith marriage as an eligibility requirement for VAWA special rule cancellation of removal precluded meaningful judicial review in this case. Remanded. View "Tillery v. Lynch" on Justia Law

In 2009, an Immigration Judge (IJ) entered an order of removal of Petitioner, a native and citizen of the Dominican Republic. In 2012, Petitioner reentered the United States unlawfully. Thereafter, Petitioner was charged with criminal unlawful reentry. In 2013, Petitioner moved to reopen, alleging ineffective assistance of counsel during the 2009 removal proceedings. The IJ denied the motion to reopen, concluding (1) the motion was time and number barred, and (2) the ineffective assistance of counsel claim did not comply with the requirements enumerated in Matter of Lozada. The Board of Immigration Appeals (BIA) affirmed. Petitioner filed a motion for reconsideration, which the BIA denied. Petitioner then petitioned for judicial review. The First Circuit dismissed Petitioner’s petition for judicial review in part for want of jurisdiction and otherwise denied it, holding (1) because Petitioner never filed a timely petition for judicial review of the BIA’s denial of his motion to reopen, the Court lacked jurisdiction to review that portion of Petitioner’s motion; and (2) the BIA did not err in denying Petitioner’s motion to reconsider. View "Garcia v. Lynch" on Justia Law

John Fanning founded Jerk LLC (Jerk) and Jerk.com in 2009. From 2009 to 2014, Jerk operated Jerk.com. In 2014, the Federal Trade Commission (Commission) filed an administrative complaint charging Jerk and Fanning with engaging in deceptive acts or practices in or affecting commerce in violation of the Federal Trade Commission Act. The Commission entered a summary decision finding Fanning personally liable for misrepresentations contained on Jerk.com. Fanning petitioned for review. The First Circuit (1) affirmed the Commission’s finding of liability and the recordkeeping provisions and order acknowledgement requirement of the Commission’s remedial order; but (2) vacated Fanning’s compliance monitoring provisions, holding that these provisions were overbroad and not reasonably related to Fanning’s violation. View "Fanning v. Fed. Trade Comm'n" on Justia Law

When Carlo Gimenez Bianco (Gimenez) refused to remove his emotional support dog from his condominium unit in violation of the Castillo Condominium Association’s “no pets” bylaw, the Association forced Gimenez to vacate and sell the unit. Gimenez brought a complaint of disability discrimination with the United States Department of Housing and Urban Development (HUD), which filed a charge of discrimination against the Association. An administrative law judge (ALJ) issued a recommended decision concluding that the Association had not violated the Fair Housing Act. The Secretary of HUD set aside the ALJ’s recommended decision and found the Association liable for discrimination. On remand, the ALJ issued a recommended decision proposing to award Gimenez $3,000 in emotional distress damages and assessed a $2,000 civil penalty against the Association. The Secretary increased the proposed award of emotional distress damages to $20,000 and increased the civil penalty to $16,000. The First Circuit denied the Association’s petition for review and granted the Secretary’s cross-petition for enforcement of his order, holding (1) the Secretary’s final order was supported by substantial evidence in the record; (2) the ALJ did not err in refusing to apply res judicata to pretermit Gimenez’s HUD charge; and (3) the Secretary’s final order was not tainted by procedural error. View "Castillo Condo. Ass’n v. U.S. Dep’t of Housing & Urban Dev." on Justia Law

Petitioner, a native and citizen of Colombia, sought to register permanent residence or adjust status. In support of his application, he submitted evidence, including a visa and Form I-94, that he was legally admitted to the United States when he was thirteen years old. The United States Citizenship and Immigration Services (USCIS) denied his application on the basis that the documents were fraudulent. Petitioner was then placed in removal proceedings. Emphasizing his young age at the time of his alleged admission, Petitioner asserted that he did not know that his documents were fraudulent. An immigration judge (IJ) determined that Petitioner had failed to establish that he was lawfully present in the United States following a prior admission. The Board of Immigration Appeals (BIA) affirmed. The First Circuit denied Petitioner’s petition for review, holding (1) the courts below did not err in their determinations that Petitioner’s testimony before the IJ was not credible; and (2) the BIA did not err by summarily affirming the IJ’s decision to give no weight to Petitioner’s favorable polygraph test. View "Acosta v. Lynch" on Justia Law

Petitioner, a native and citizen of Honduras who entered the United States illegally, conceded removability but requested cancellation of removal. An immigration judge held that Petitioner was not eligible for cancellation of removal because he had failed to prove by a preponderance of the evidence that his Maine assault conviction was not a “crime of domestic violence.” The Board of Immigration Appeals (BIA) affirmed. The First Circuit initially denied Petitioner’s petition for review. Petitioner then petitioned for rehearing, presenting a developed argument based on the Supreme Court’s decision in Moncrieffe v. Holder. The First Circuit granted the petition, vacated the BIA’s decision, and remanded, holding that Moncrieffe controls in this case and that, in accordance with Moncrieffe, Petitioner was not convicted of a “crime of violence.” View "Sauceda v. Lynch" on Justia Law