Case Comments | Suffolk Law Review

Constitutional Law—First Circuit Rules Constructive Amendment of Indictment Not a Structural Error—United States v. Brandao, 539 F.3d 44 (1st Cir. 2008)

Feb 1, 2009 | Case Comments, Number 2, Print Edition, Volume 42

First Circuit Review 2009 Courts employ plain-error analysis when reviewing unpreserved errors in a criminal trial, but apply harmless-error analysis for errors preserved through objection. Although most constitutional errors are subject to harmless-error analysis,...

Employment Law—Scope of Faragher-Ellerth Affirmative Defense to Vicarious Liability Not Defined by Employer’s Own Sexual-Harassment Policy—Chaloult v. Interstate Brands Corp., 540 F.3d 64 (1st Cir. 2008)

Feb 1, 2009 | Case Comments, Number 2, Print Edition, Volume 42

First Circuit Review 2009 Title VII of the Civil Rights Act of 1964 prohibits an employer from discriminating against an employee on the basis of sex. In non-tangible employment actions, an employer is vicariously liable for a supervisor’s unlawful sexual harassment...

Immigration Law—First Circuit’s Deferential Standard for Reviewing Adverse Credibility Determinations in Asylum Cases Remains Unchanged—Cuko v. Mukasey, 522 F.3d 32 (1st Cir. 2008)

Feb 1, 2009 | Case Comments, Number 2, Print Edition, Volume 42

First Circuit Review 2009 An Immigration Judge (IJ) or the Board of Immigration Appeals (BIA) will commonly deny an application for asylum in the United States as a result of an adverse credibility determination. Appellate Courts give adverse credibility...

Criminal Procedure—In-Custody Requirement of Relief Under the Writ of Error Coram Nobis—Trenkler v. United States, 536 F.3d 85 (1st Cir. 2008)

Feb 1, 2009 | Case Comments, Number 2, Print Edition, Volume 42

First Circuit Review 2009 Under the All Writs Act of the United States Code, federal courts have the power to entertain an array of common-law writs. In certain narrow circumstances, the rare writ of error coram nobis is a remedial petition primarily available to...

Immigration Law—Enforcing Administrative Exhaustion Requirements for Pattern-and-Practice Claims Concerning Due Process Violations During Immigration Raids—Aguilar v. United States Immigration and Customs Enforcement, 510 F.3d 1 (1st Cir. 2007) (no pet. for cert.)

Feb 1, 2009 | Case Comments, Number 2, Print Edition, Volume 42

First Circuit Review 2009 Immigration statutes have traditionally contained provisions that limit federal district court jurisdiction over administrative appeals and require individuals to exhaust administrative remedies before seeking judicial review of immigration...

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