Take the Fifth: March 17, 2021 opinions

Posted on by tadbartlett

Unpublished

  • Serrano v. Crawford-McClure, 19-50856, appeal from W.D. Tex.
    • per curiam (Clement, Higginson, Engelhardt), prisoner suit
    • Affirming district court’s dismissal of prisoner’s § 1983 claim relating to collateral attack on conviction, for failure to state a cognizable § 1983 claim.
  • Grayer v. Couey, 19-60685, appeal from S.D. Miss.
    • per curiam (Clement, Higginson, Engelhardt), prisoner suit, frivolous
    • Affirming dismissal of suit as frivolous, and rescinding IFP status on finding that plaintiff had brought three previous actions that had all been deemed frivolous.
  • Thapa v. Garland, 19-60727, petition for review of BIA order
    • per curiam (Clement, Higginson, Engelhardt), immigration
    • Denying Nepali citizen’s petition for review of BIA affirmance of the IJ’s denial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture.
  • Omwega v. Wilkinson, 19-60822, petition for review of BIA order
    • per curiam (Clement, Higginson, Engelhardt), immigration
    • Dismissing Kenyan citizen’s petition for review of BIA dismissal of her appeal of the IJ’s denial of her application for asylum, withholding of removal, and relief under the Convention Against Torture.
  • Garcia v. Glenn, 20-10351, appeal from N.D. Tex.
    • per curiam (Clement, Higginson, Engelhardt), prisoner suit
    • Affirming dismissal of claim as frivolous, bringing claims for denial of access to courts for lack of supply of envelopes.
  • U.S. v. Barajas, 20-10668, appeal from N.D. Tex.
    • per curiam (Clement, Higginson, Engelhardt), criminal, guilty plea
    • Affirming guilty plea conviction to conspiracy to possess with the intent to distribute a controlled substance.
  • Banks v. Upton, 20-10856, appeal from N.D. Tex.
    • per curiam (Stewart, Graves, Higginson), habeas corpus
    • Affirming dismissal of § 2241 petition regarding Covid-19-related relief from conditions of confinement as non-cognizable in habeas.
  • U.S. v. Ayala-Duran, 20-50730, appeal from W.D. Tex.
    • per curiam (Davis, Stewart, Dennis), criminal, sentencing
    • Granting summary affirmance of 16-month within-guidelines prison term imposed following defendant’s guilty plea for illegal reentry.