Take the Fifth: April 20, 2021 opinions

Unpublished

  • English v. Aramark Corp., 19-20412, appeal from S.D. Tex.
    • per curiam (Haynes, Graves, Willett), prisoner suit, removal
    • Remanding to district court for the limited purpose of determining if defendant met its burden to show removal jurisdiction existed over state prisoner’s suit against prison food service provider.
  • U.S. v. Vasquez-Garcia, 19-20880, appeal from S.D. Tex.
    • per curiam (Dennis, Costa, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Barahona v. Garland, 19-60574, petition for review of BIA order
    • per curiam (Haynes, Willett, Ho), immigration
    • Denying El Salvadoran citizen’s petition for review of BIA affirmance of the Immigration Judge’s denial of his application for withholding of removal under the Convention Against Torture.
  • Gomez-De Saravia v. Garland, 19-60674, petition for review of BIA order
    • per curiam (Davis, Stewart, Dennis), immigration
    • Affirming in part and dismissing in part petition to review BIA order denying petitioner’s motion to reopen.
  • U.S. v. Macias, 20-10006, appeal from N.D. Tex.
    • per curiam (Dennis, Costa, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Bravo, 20-10008, appeal from N.D. Tex.
    • per curiam (Elrod, Willett, Engelhardt), criminal, sentencing
    • Withdrawing prior panel opinion from March 25, 2021, and instating new opinion, affirming 120-month sentence on guilty plea conviction for being a felon in possession of a firearm.
  • U.S. v. Molina, 20-10911, appeal from N.D. Tex.
    • per curiam (Dennis, Costa, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Palmer v. Johnson, 20-30663, appeal from W.D. La.
    • per curiam (Stewart, Graves, Higginson), habeas corpus
    • Dismissing as frivolous appeal from dismissal of § 2241 petition.
  • U.S. v. Avalos-Vizcarra, 20-40192, appeal from S.D. Tex.
    • per curiam (Smith, Stewart, Higginson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Burrell v. Lumpkin, 20-40309, appeal from E.D. Tex.
    • per curiam (Dennis, Southwick, Engelhardt), habeas corpus
    • Affirming denial of motion to reopen appeal period for denial of federal habeas relief.
  • U.S. v. Garcia-Martinez, 20-40564, appeal from E.D. Tex.
    • per curiam (Smith, Stewart, Higginson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Casio-Caro, 20-50146, appeal from W.D. Tex.
    • per curiam (Smith, Stewart, Higginson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • MidCap Media Finance, LLC v. Pathway Data, Inc., 20-50259, appeal from W.D. Tex.
    • Higginson, J. (Stewart, Higginson, Wilson), breach of contract, attorneys’ fees
    • Finding that parties failed to timely appeal the merits judgment in underlying contract dispute, the fee award on the merits judgment, or the district court’s jurisdictional determination on remand; and affirming fee award on remand proceedings, the only issue timely appealed.
  • U.S. v. Davidson, 20-50580, appeal from W.D. Tex.
    • per curiam (Higginbotham, Jones, Costa), criminal, sentencing
    • Affirming sentence upon the district court’s grouping of firearm count and separate-indictment drug offenses for purposes of calculating the defendant’s offense level.
  • U.S. v. Duarte-Lanza, 20-50783, appeal from W.D. Tex.
    • per curiam (Haynes, Willett, Ho), criminal, sentencing
    • Affirming 21-month sentence on conviction for illegal reentry into the United States after deportation.
  • Amaya-Bonilla v. Garland, 20-60377, petition for review of BIA order
    • per curiam (Clement, Higginson, Engelhardt), immigration
    • Denying El Salvadoran citizen’s petition for review of BIA order affirming the immigration judge’s (IJ) denial of his application for asylum and withholding of removal.