Take the Fifth: June 4, 2021 opinions

Unpublished

  • Cortez-Ramirez v. Garland, 19-60553, petition for review of BIA order
    • per curiam (Owen, Jolly, Dennis), immigration
    • Denying El Salvadoran citizen’s petition for review of BIA order upholding denial of application for asylum, a petition for withholding of removal, and an application for protection under the United Nations Convention Against Torture.
  • U.S. v. Echarte-Rivero, 20-10549, appeal from N.D. Tex.
    • per curiam (Jones, Barksdale, Stewart), criminal, sentencing
    • Affirming 188-month sentence on conviction of conspiracy to possess, with intent to distribute, 50 grams or more of methamphetamine.
  • U.S. v. Fleifel, 20-10681, appeal from N.D. Tex.
    • per curiam (Higginbotham, Jones, Costa), criminal, compassionate release
    • Affirming district court’s denial of motion for compassionate release.
  • U.S. v. Rodgers, 20-11087, appeal from N.D. Tex.
    • per curiam (Clement, Higginson, Engelhardt), criminal, sentencing
    • Granting summary affirmance of 116-month sentence on conviction of possession of a firearm by a convicted felon.
  • U.S. v. Guerrero-Garcia, 20-40190, appeal from S.D. Tex.
    • per curiam (King, Elrod, Southwick), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Texas Democratic Party v. Hughs, 20-50667, appeal from W.D. Tex.
    • per curiam (Haynes, Graves, Willett), sovereign immunity
    • Reversing district court’s denial of dismissal on sovereign immunity grounds, on basis that state secretary of state does not have sufficient connection to enforcement of the state’s “wet signature” voting rule to fall under the Ex parte Young exception to sovereign immunity.
  • Singh v. Garland, 20-60120, petition for review of BIA order
    • per curiam (Dennis, Engelhardt, Hicks (by desig.)), Dennis, J., specially concurring; immigration
    • Denying Indian citizen’s petition for review of BIA order dismissing his appeal of the immigration judge’s denial of his applications for asylum, withholding of removal, and protection under the CAT.
    • Judge Dennis specially concurred, to point out what he terms an error in the binding Circuit precedent; “in instructing us to apply the substantial evidence standard to the BIA’s interpretation of ‘persecution,’ our precedents mandate a nonsensical analysis.”
  • Colindres-Zelaya v. Garland, 20-60394, petition for review of BIA order
    • per curiam (Jones, Smith, Barksdale), immigration
    • Denying Honduran citizen’s petition for review of BIA order dismissing his appeal of an Immigration Judge’s (IJ) denial of withholding of removal and protection under the Convention Against Torture.
  • U.S. v. Sanchez-Barrera, 21-50135, appeal from W.D. Tex.
    • per curiam (Higginbotham, Jones, Costa), criminal, sentencing
    • Granting summary affirmance of 37-month sentence upon conviction of illegal reentry after deportation from the United States.