Decisions in FELA, Immigration, and Criminal Cases
In Villa-Londono v. Holder, No. 09-1832, the First Circuit addressed a challenge to the BIA's denial of a Colombian National's application for withholding of removal and related relief. In denying her request for review of BIA's denial, the court concluded that the IJ's adverse credibility finding is supported by specific and persuasive findings. And as a consequence, with her testimony discredited, there is very little evidence in the record to support her asylum claim as well.
In Granfield v. CSX Transp., Inc., 09-1302, the court faced a challenge to the district court's denial of defendant's motion for judgment as a matter of law in the employee's suit for injuries suffered as a locomotive engineer, as a result of defective controls in the cabin of his locomotive. In affirming the district court's judgment based on the finding that the defendant violated both the Federal Employer's Liability Act and the Locomotive Inspection Act, the court rejected defendant's various claims including, not dismissing the case under the FELA statute of limitaitons and allowing plaintiff's medical expert to testify on causation.
Finally, in US v. Mejia, No. 08-2505, the court faced a challenge to a conviction and sentence for conspiring to distribute cocaine and possession of a firearm in furtherance of a drug crime. In rejecting defendant's claim of Miranda violation that the officers did not accurately interpret his rights into Spanish, the court held that the district court correctly denied his motion to suppress based on finding of implied waiver. Also, the court rejected defendant's various evidentiary arguments and that the district court abused its discretion in denying his motion for a new trial.
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