November 5, 2021, opinions

Unpublished

  • Lopez-Rivas v. Garland, 20-60205, petition for review of BIA order
    • per curiam (King, Costa, Ho), immigration
    • Denying Guatemalan citizen’s petition for review of BIA order dismissing her appeal of an Immigration Judge (IJ) decision denying a motion to reopen her 1996 in absentia exclusion order.
  • Hernandez v. Garland, 20-60260, petition for review of BIA order
    • per curiam (Jolly, Willett, Engelhardt), immigration
    • Dismissing Mexican citizen’s petition for review of BIA order denying his motion for reconsideration of order denying motion to cancel removal.
  • Preble-Rish Haiti, S.A. v. BB Energy USA, LLC, 21-20534, appeal from S.D. Tex.
    • per curiam (Elrod, Oldham, Wilson), Oldham, J., dissenting; sovereign immunity
    • Denying defendant’s motion to stay discovery in admiralty garnishment action where motion to dismiss based on sovereign immunity is pending, while instructing that discovery be limited only to facts necessary for the immunity determination.
    • Court denied motion to dismiss appeal, because “when a defendant asserts an immunity defense, we have held that a district court’s order that declines or refuses to rule on a motion to dismiss based on the immunity defense is an immediately appealable order.” Then holding that, while a district court must stay discovery while an immunity defense is pending, that does not apply to discovery into the immunity-relevant facts.
    • Judge Oldham would have granted the stay.
  • U.S. v. Valdes, 21-50131, appeal from W.D. Tex.
    • per curiam (Jones, Duncan, Engelhardt), criminal, compassionate release
    • Dismissing as frivolous appeal from denial of motion for compassionate release.
  • U.S. v. Martin, 21-60048, appeal from S.D. Miss.
    • per curiam (Jolly, Willett, Engelhardt), criminal, compassionate release
    • Affirming denial of motion for compassionate release.