Hiram Rafael Cancio
Judge Cancio no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Cancio decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Cancio read military-naturalization provisions liberally in favor of honorable service and rejected a restrictive interpretation not expressly required by Congress.
“It is ordered, adjudged, and decreed that the Petition for Naturalization of Antonio Maria Gabriel be, and the same hereby is, granted.”
He exercised personal jurisdiction over a nonresident manufacturer whose sustained sales and distribution relationship connected the dispute to Puerto Rico.
“Turning to this case, it appears from the allegations and papers on file that the minimal contacts required to subject the defendant to our jurisdiction are present.”
Procedural preferences
He enforced finality and treated clients as bound by counsel's unexcused litigation conduct rather than using post-judgment relief as a substitute for appeal.
“Rule 60(b) of the Federal Rules of Civil Procedure was not intended to benefit an unsuccessful litigant who, long after time during which appeal from final judgment could have been perfected, first seeks to express dissatisfaction, since this Rule was not intended to afford a substitute for an appeal”
He allowed intervention where the named union no longer represented the employees whose arbitration award was at stake.
“It is repugnant to our sense of justice that those employees be denied fair and adequate representation because they are no longer represented by the Teamsters.”
Cautions
He declined customs-duty injunction and declaratory relief where Congress assigned exclusive review to the specialized customs courts and an adequate protest-and-refund remedy existed.
“Therefore, the temporary restraining order should be and is hereby vacated and the complaint should stand dismissed.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“In view of the foregoing, the motion is denied.”
“Under the unique circumstances surrounding this case, the right of intervention of Petitioner is hereby granted.”
“For the above-stated reasons, it is the order of this Court that the petition for review be denied, insofar as it attempts to nullify all acts having to do with Chapter X proceedings; and that this matter be set for hearing before the undersigned for the purpose of determining the reasonable allowance for services rendered by the said appraisers.”
“After due deliberation having been had, it is now ordered that the plaintiff’s motion for a protective order be, and hereby is, granted; and it is further ordered that at defendants’ option, the deposition of plaintiff may be taken at any time in Newark, New Jersey; or, within ten (10) days of trial, if taken in San Juan, Puerto Rico.”
“It is therefore ordered that the complaint be and it is hereby dismissed.”
“We are, therefore, compelled to deny defendant’s motion to dismiss the indictment with respect to Count Six, which involves the violation to Section 2031 of Title 18 U.S.C.”
“Therefore, the petition of Tomás R. Gómez, Jr., to be released of his undertaking dated November 30, 1967, is hereby granted, and he should be released from such undertaking.”
“This case is therefore remanded to the Secretary of Health, Education and Welfare for further findings not inconsistent with this opinion.”
“Therefore, the temporary restraining order should be and is hereby vacated and the complaint should stand dismissed.”
“For the aforesaid reasons, our Memorandum and Order of September 27, 1972 is hereby vacated and set aside, Commercial Insurance Company’s motion for Security Bond is Denied, and Compañía de Seguros ‘La Continental’s’ Motion to Quash Summons is Granted.”
“That the Department of Justice’s Motion of June 23, 1969 shall be, and the same is hereby, denied.”
“Ordered that plaintiff’s petition for a withdrawal of his waiver of his right to trial by jury be denied.”
Caseload & timing
From public federal docket records for this judge.
No electronic case-level dockets assigned to Cancio were located for his historical tenure, so no caseload mix or duration claim is made.
A historical record
Judge Cancio no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.