Take the Fifth: April 29, 2021 opinions


  • Heidari v. Barr, 18-60543, petition for review of BIA order
    • per curiam (Owen, Barksdale, Duncan), immigration
    • Dismissing Iranian citizen’s petition to review BIA order affirming an Immigration Judge’s (IJ) denying a motion to reopen removal proceedings for deferral of removal under the Convention Against Torture.
  • U.S. v. Geske, 19-11334, appeal from N.D. Tex.
    • per curiam (Smith, Stewart, Higginson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Hinson v. Martin, 19-30243, appeal from W.D. La.
    • per curiam (Owen, Clement, Higginson), excessive force, qualified immunity
    • Affirming denial of qualified immunity to officer for Fourth Amendment claim arising from continued bite injuries to plaintiff by K9 unit after he was subdued, but reversing denial of qualified immunity for Eighth Amendment claims and for Fourth Amendment claims arising from force used prior to being subdued.
  • U.S. v. Johnson, 20-50913, appeal from W.D. Tex.
    • per curiam (Higginbotham, Smith, Oldham), criminal, First Step Act
    • Dismissing as frivolous appeal from denial of motion for sentence reduction under the First Step Act.
  • Lembou v. Garland, 21-60326, petition for review of BIA order
    • per curiam (Higginbotham, Smith, Oldham), immigration
    • Denying petition for review of BIA denial of petitioner’s motions to reopen and reconsider.