May 2-3, 2022, opinions

Designated for publication Consumer Financial Protection Bureau v. All American Check Cashing, Inc., 18-60302, appeal from S.D. Miss. per curiam (Richman, Higginbotham, Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Costa, Willett, Duncan, Engelhardt, Oldham, Wilson); Jones, J., concurring (joined by Elrod, Duncan, Engelhardt, Oldham, JJ.); Oldham, J., concurring in judgment (joined by Engelhardt, … More May 2-3, 2022, opinions

April 29, 2022, opinions

Unpublished Burch v. Ocwen Loan Servicing Co., 20-11058, appeal from N.D. Tex. per curiam (Southwick, Graves, Costa), bankruptcy Dismissing as frivolous appeal from district court’s order dismissing appeal from bankruptcy court for failure to pay filing fee. Burch v. Homeward Residential, Inc., 20-11239, appeal from N.D. Tex. per curiam (Southwick, Graves, Costa), bankruptcy Dismissing as … More April 29, 2022, opinions

April 28, 2022, opinions

Designated for publication Wilson v. Stroman, 20-50367, c/w Lewis v. Stroman, 20-50372, c/w Mitchell v. Stroman, 20-50380, c/w Miller v. Stroman, 20-50408, c/w Harper v. Stroman, 20-50453, appeal from W.D. Tex. Higginson, J. (Richman, Clement, Higginson), Fourth Amendment, false arrest Reversing dismissal of Fourth Amendment false arrest claims on application of the independent intermediary doctrine, … More April 28, 2022, opinions

April 27, 2022, opinions

Designated for publication Edwards Family Partnership, L.P. v. Johnson, 20-61011, appeal from S.D. Miss. Higginson, J. (Dennis, Higginson, Costa), bankruptcy Affirming in part, reversing in part, and remanding from district court’s order reversing in part and affirming in part the bankruptcy court’s orders arising from $17.8 million claimed by companies controlled by Dr. Charles Edwards … More April 27, 2022, opinions

April 25-26, 2022, opinions

Designated for publication U.S. v. Mejia-Banegas, 21-50459, appeal from W.D. Tex. per curiam (King, Jones, Duncan), King, J., concurring; criminal, supervised release Affirming special condition of supervised release terms that allowed probation officer to require the defendant to notify a person he may pose a risk to and to inform them about that risk. On … More April 25-26, 2022, opinions

April 22, 2022, opinions

Designated for publication U.S. v. Hanner, 20-30420, appeal from W.D. La. Higginson, J. (Southwick, Haynes, Higginson), habeas corpus Vacating in part and affirming in part district court’s ruling on successive sec. 2255 petition, on basis that petitioner had raised a grounds for challenging his sentence that had not been authorized by the Fifth Circuit’s grant … More April 22, 2022, opinions

April 21, 2022, opinions

Designated for publication U.S. v. Perez-Espinoza, 20-40769, appeal from S.D. Tex. Oldham, J. (Davis, Willett, Oldham), criminal, sentencing Affirming sentence, holding that orally pronounced supervised-release term that defendant would have to report to U.S. Probation Office within 72 hours of return to U.S. was not materially different from written term that he would have to … More April 21, 2022, opinions

April 20, 2022, opinions

Designated for publication Vista Health Plan, Inc. v. U.S. Department of Health and Human Services, 20-50963, appeal from W.D. Tex. Wilson, J. (Higginbotham, Stewart, Wilson), Affordable Care Act, finality of judgment Withdrawing panel opinion from March 17, 2022, which affirmed district court’s summary judgment in favor of HHS defendants on plaintiff insurer’s challenge to HHS … More April 20, 2022, opinions

April 19, 2022, opinions

Designated for publication Rodriguez v. Garland, 20-60008, petition for review of BIA order per curiam (Higginbotham, Willett, Duncan); Duncan, J., concurring (joined by Higginbotham, Southwick, Higginson, Willett, JJ.); Elrod, J., dissenting (joined by Jones, Smith, Wilson, JJ.); Ho, J., dissenting; immigration Denying petition for panel rehearing and for en banc rehearing, with eight judges voting … More April 19, 2022, opinions