Take the Fifth: April 15, 2021 opinions

Unpublished

  • Marediya v. Garland, 19-60741, petition for review of BIA order
    • per curiam (Higginbotham, Jones, Costa), immigration
    • Denying in part and dismissing in part Indian citizens’ petition for review of BIA order dismissing appeal of IJ’s denial of asylum, withholding of removal, and protection under the Convention Against Torture, and adverse credibility finding.
  • De Bastos v. Garland, 19-60888, petition for review of BIA order
    • per curiam (Higginbotham, Jones, Costa), immigration
    • Denying Brazilian citizen’s petition for review of BIA order dismissing her appeal of the Immigration Judge’s (IJ) denial of her application for asylum and withholding of removal.
  • Franciscan Alliance, Inc. v. Becerra, 20-10093, appeal from N.D. Tex.
    • per curiam (Elrod, Willett, Engelhardt), TItle IX, Religious Freedom Restoration Act, mootness
    • Vacating judgment declaring invalid portions of a 2016 HHS regulation regarding discrimination in healthcare services on the basis of termination of pregnancy or gender identity, finding that it is unclear what the evolving state of the law means for the challenge (including the Bostock ruling under Title VII that sex discrimination extends to sexual orientation and gender identity, subsequent district court rulings that Bostock should apply equally to Title IX, amendments to the 2016 regulation in 2020 that are under reconsideration once more by HHS, and new DOJ guidance to apply Bostock to Title IX); and remanding to district court to make these determinations in the first instance.
  • U.S. v. Kim, 20-10253, appeal from N.D. Tex.
    • per curiam (Jones, Clement, Haynes), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Harden, 20-11062, appeal from N.D. Tex.
    • per curiam (Jones, Clement, Haynes), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Hebert, 20-30266, appeal from E.D. La.
    • per curiam (Higginbotham, Jones, Costa), criminal, First Step Act
    • Affirming denial of motion for sentence reduction under the First Step Act.
  • U.S. v. Minor, 20-30392, appeal from W.D. La.
    • per curiam (Higginbotham, Jones, Costa), criminal, sentencing
    • Affirming 120-month sentence for being a felon in possession of a firearm.
  • U.S. v. Valadez, 20-40709, appeal from E.D. Tex.
    • per curiam (Jones, Clement, Haynes), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Mecham, 20-40761, appeal from S.D. Tex.
    • per curiam (Higginbotham, Jones, Costa), criminal, sentencing
    • Affirming resentencing after prior remand for conviction for possession of child pornography.
  • Hearn v. McCraw, 20-50581, appeal from W.D. Tex.
    • per curiam (King, Smith, Haynes), § 1983
    • Affirming dismissal of claim that sex offender registration requirements violated Fourteenth Amendment due process rights.