1st Circuit Case Commentaries

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...

Justification in § 922(g)(1) Cases Requires Imminent Threat at the Moment of Initial Firearm Possession

Date: May 13, 2026

Justification in § 922(g)(1) Cases Requires Imminent Threat at the Moment of Initial Firearm Possession I. Introduction In United States v. Fort (1st Cir. May 12, 2026), the First Circuit affirmed...

United States v. Middleton: Trauma-and-Memory Expert Testimony Under Rule 702 and Jail-Call “Substantial Step” Attempted Obstruction Under 18 U.S.C. § 1591(d)

Date: May 11, 2026

United States v. Middleton: Trauma-and-Memory Expert Testimony Under Rule 702 and Jail-Call “Substantial Step” Attempted Obstruction Under 18 U.S.C. § 1591(d) I. Introduction In United States v....

First Circuit: Receipt-and-Possession Child Pornography Convictions Violate Double Jeopardy Absent a Record of Distinct Conduct

Date: May 8, 2026

First Circuit: Receipt-and-Possession Child Pornography Convictions Violate Double Jeopardy Absent a Record of Distinct Conduct I. Introduction In United States v. Ortiz-Colón (1st Cir. May 6, 2026),...

Davis-Conforming Superseding Indictments Are Timely When They Do Not Materially Broaden the Charged Conduct

Date: May 7, 2026

Davis-Conforming Superseding Indictments Are Timely When They Do Not Materially Broaden the Charged Conduct 1. Introduction In United States v. Padilla-Galarza (1st Cir. May 6, 2026), the First...

Bruen Step Two Sustains 18 U.S.C. § 922(g)(5)(A): Allegiance-Based Historical Analogues and the “Why/How” Inquiry for Firearm Disabilities on Unlawfully Present Aliens

Date: May 6, 2026

Bruen Step Two Sustains 18 U.S.C. § 922(g)(5)(A): Allegiance-Based Historical Analogues and the “Why/How” Inquiry for Firearm Disabilities on Unlawfully Present Aliens 1. Introduction United States...

Second Amendment “Historical Tradition” Upholds § 922(g)(5)(A) When Modern Immigration Status Creates a “Regulable-Relationship” Rationale

Date: May 6, 2026

Second Amendment “Historical Tradition” Upholds § 922(g)(5)(A) When Modern Immigration Status Creates a “Regulable-Relationship” Rationale Case: United States v. Vizcaino-Peguero (1st Cir. May 5,...

Clean Air Act Citizen Suits Require Ongoing or Repeated SIP Violations—Purely Prospective Noncompliance Is Not Actionable Under § 7604(a)(1)

Date: May 5, 2026

Clean Air Act Citizen Suits Require Ongoing or Repeated SIP Violations—Purely Prospective Noncompliance Is Not Actionable Under § 7604(a)(1) I. Introduction Gordon-Darby Holdings, Inc. v. Quinn is a...

Advisory Fishery Councils Do Not Cause Appointments Clause Injury When the Secretary Independently Promulgates Binding Rules

Date: May 5, 2026

Advisory Fishery Councils Do Not Cause Appointments Clause Injury When the Secretary Independently Promulgates Binding Rules Introduction In New England Fishermen's Stewardship Association v....