Designated for publication
- U.S. v. Castro, 18-10137, appeal from N.D. Tex.
- Oldham, J. (Ho, Oldham, Wilson), habeas corpus
- Denying petition for rehearing, but withdrawing prior panel opinion and substituting new opinion that vacates Certificate of Appealability and dismisses appeal from denial of § 2255 petition.
- The Court held that it had the power to vacate a COA. The Court then held that the COA in this matter was deficient because it failed to articulate a constitutional issue.
- Garcia v. Garland, 19-60793, petition for review of BIA order
- Higginson, J. (Jolly, Higginson, Engelhardt), immigration
- Denying Mexican citizen’s petitions to reopen removal proceedings.
- The Court held that the petitioner’s first motion to reopen on Pereira v. Sessions grounds was foreclosed under the Court’s precedent; “Garcia is unable to point to a provision that specifically references the § 1229(a) notice requirements.”
- The Court then held that the petitioner’s second motion to reopen was properly denied on the finding that he had failed to adequately show changed-country conditions.
- Federal Energy Regulatory Commission v. Ultra Resources, Inc., 20-20623, c/w 21-20126, appeal from Bankr. S.D. Tex.,
- King, J. (King, Graves, Ho), bankruptcy
- Affirming bankruptcy court’s confirmation of Ultra Resources’ reorganization plan, holding that, “under the particular circumstances presented here, Ultra Resources is not subject to a separate public-law obligation to continue performance of its rejected contract, and that 11 U.S.C. § 1129(a)(6) did not require the bankruptcy court to seek FERC’s approval before it confirmed Ultra Resource’s reorganization plan.”
- Texas Alliance for Retired Americans v. Scott, 20-40643, appeal from S.D. Tex.
- Duncan, J. (Higginbotham, Willett, Duncan), Higginbotham, J., dissenting; election law, sovereign immunity
- Reversing district court’s injunction against enforcement of Texas law eliminating straight-ticket voting, vacating injunction, and remanding for further proceedings; and holding that plaintiffs’ constitutional claims are barred by sovereign immunity.
- Plaintiffs brought suit against the Texas Secretary of State, claiming that eliminating straight-ticket voting would lengthen polling lines and thereby burden voting rights. The district court granted a preliminary injunction, but a motions panel of the Court of Appeals stayed the injunction pending this appeal.
- The Court held that the Secretary of State lacks the requisite connection to the enforcement of the new law, and therefore was not a proper defendant under Ex parte Young, such that the suit remained barred by sovereign immunity.
- Judge Higginbotham dissented. “The majority continues this Court’s effort to shrink the role of Ex parte Young, by overly narrow readings of the state officer’s duty to enforce Texas’s election laws. Unlike in Okpalobi ‘where the defendants had no enforcement connection with the challenged statute,’ the Texas Secretary o State is the ‘chief election officer of the state’ and is directly instructed by statute to ‘obtain and maintain uniformity in the application, operation, and interpretation of this code and of the election laws outside this code.’ Moreover, the Secretary is charged to ‘take appropriate action to protect the voting rights of the citizens of this state from abuse by the authorities administering the state’s electoral processes’ and ‘to correct offending conduct.’ Although recent decisions by this Court have split hairs regarding the level of enforcement authority required to satisfy Ex parte Young, the Secretary is charged to interpret both the Texas Election Code and the election laws outside the Code, including federal law, to gain uniformity, tasks it is clearly bound to do. The allegation in these cases is that the Secretary is failing i that duty. This charge should satisfy our Ex parte Young inquiry.” (Footnoted omitted).
- Lewis v. Scott, 20-50654, appeal from W.D. Tex.
- Duncan, J. (Higginbotham, Willett, Duncan), election law
- Reversing district court’s injunction against mail-in balloting provisions of the Texas Election Code, on the basis that the Secretary of State does not enforce the challenged provisions, and that Ex parte Young is therefore not available to avoid sovereign immunity. This is a companion case to Texas Alliance for Retired Americans v. Scott, supra.
- Judge Higginbotham dissented, for the same reasons he articulated in his dissent in Texas Alliance.
- Flores v. Scott, 20-50774, appeal from W.D. Tex.
- Duncan, J. (Higginbotham, Willett, Duncan), election law
- Reversing district court’s injunction of signature-verification requirements for mail-in ballots, in suit brought against Texas Secretary of State. As a companion case to Texas Alliance for Retired Americans v. Scott, supra, the Court held that the Secretary of State does not enforce the challenged provisions and that claims against him were therefore not entitled to the Ex parte Young path around sovereign immunity.
- Judge Higginbotham dissented, for the same reasons he articulated in his dissent in Texas Alliance.
- Vista Health Plan v. U.S. Department of Health and Human Services, 20-50963, appeal from W.D. Tex.
- Wilson, J. (Higginbotham, Stewart, Wilson), Affordable Care Act, administrative law
- Affirming district court’s summary judgment in favor of HHS defendants on plaintiff insurer’s challenge to HHS rules regarding risk-adjustment program designed to redistribute actuarial risk among health insurance plans to ensure that sicker-than-average individuals can obtain affordable healthcare.
Unpublished
- U.S. v. Vickers, 18-10940, appeal from N.D. Tex.
- per curiam (Smith, Higginson, Engelhardt), habeas corpus
- On remand from the U.S. Supreme Court, remanding to the district court further consideration in light of Borden v. United States, 141 S. Ct. 1817 (2021).
- U.S. v. Calderon, 19-10462, appeal from N.D. Tex.
- per curiam (Smith, Stewart, Graves), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Warren, 20-11096, appeal from N.D. Tex.
- per curiam (Elrod, Oldham, Wilson), criminal
- Dismissing as frivolous appeal from denial of motion to dismiss underlying conviction for lack of subject-matter jurisdiction.
- U.S. v. Agbonifo, 20-20293, appeal from S.D. Tex.
- per curiam (Barksdale, Stewart, Dennis), criminal
- Affirming conviction and sentence of time-served for passport fraud and visa fraud, rejecting defendant’s competency-related arguments.
- U.S. v. Johnson, 20-20625, appeal from S.D. Tex.
- per curiam (King, Costa, Ho), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- Phillips v. Whittington, 20-30731, appeal from W.D. La.
- per curiam (King, Graves, Ho), qualified immunity
- Affirming in part and dismissing in part appeal from district court’s qualified immunity rulings as to plaintiffs’ § 1983 claims arising from arrest of plaintiffs’ family member for two acts or arson.
- U.S. v. Guzman, 20-40851, appeal from S.D. Tex.
- per curiam (Wiener, Dennis, Haynes), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- Alvarez v. McCarthy, 20-50465, appeal from W.D. Tex.
- per curiam (Wiener, Graves, Duncan), attorneys’ fees
- Affirming in part, vacating in part, and remanding orders on motions for attorneys’ fees from successful employment discrimination litigant.
- U.S. v. Chavez, 20-50550, appeal from W.D. Tex.
- per curiam (Jones, Southwick, Engelhardt), criminal, sentencing
- Affirming in part and vacating in part consecutive terms of imprisonment and concurrent terms of supervised release on conviction of drug and firearm offenses.
- Lumsden v. Lumpkin, 20-50912, appeal from W.D. Tex.
- per curiam (Wiener, Dennis, Haynes), prisoner suit
- Dismissing appeal from denial of prisoner’s motion for TRO and motion for preliminary injunction.
- VanWagner v. Faulks, 20-60204, appeal from N.D. Miss.
- per curiam (Owen, Jones, Wilson), prisoner suit
- Affirming dismissal of prisoner’s suit arising from medical care.
- Fuentes-De Chica v. Garland, 20-60356, petition for review of BIA order
- per curiam (Barksdale, Stewart, Dennis), immigration
- Denying in part and dismissing in part Salvadoran citizens’ petition for review of BIA order dismissing appeals from the denial by the Immigration Judge (“IJ”) of Gladis’s application for withholding of removal and Mayreli’s application for asylum and withholding of removal.
- Matrut v. Garland, 20-60606, petition for review of BIA order
- per curiam (Davis, Jones, Elrod), immigration
- Denying Iraqi citizen’s petition for review of BIA order denying his motion to reconsider as capricious.
- Aguilar v. Garland, 20-60865, petition for review of BIA order
- per curiam (King, Costa, Ho), immigration
- Denying petition for review of BIA order affirming the decision of the immigration judge (IJ) denying petitioner’s applications for asylum, withholding of removal, and protection under the Convention Against Torture.
- Gonzalez-Pineda v. Garland, 20-60894, petition for review of BIA order
- per curiam (Smith, Stewart, Graves), immigration
- Denying in part and dismissing in part Honduran citizen’s petition for review of BIA order upholding the denial her asylum, withholding of removal and CAT claims.
- Mora-Jimenez v. Garland, 20-61095, petition for review of BIA order
- per curiam (King, Costa, Ho), immigration
- Dismissing Cuban citizen’s petition for review of BIA order dismissing his appeal from an order of the Immigration Judge (IJ) denying his motion to reopen his removal proceedings and rescind his in absentia order of removal.
- Renfroe v. Parker, 20-61101, appeal from S.D. Miss.
- per curiam (Davis, Jones, Elrod), § 1983
- Affirming denial of Rule 60 motion from dismissal of § 1983 claim arising from shooting death of plaintiff’s husband.
- Murphy Oil USA, Inc. v. Love’s Travel Stops & Country Stores, Inc., 21-10027, appeal from N.D. Tex.
- per curiam (Smith, Costa, Wilson), conversion, attorneys’ fees
- Affirming district court’s summary judgment in favor of defendants on issue that Murphy Oil had waived conversion claims by charging a surcharge for gasoline products taken by truck stop defendant, and affirming a $1 million attorneys’ fee award in favor of defendant.
- Westfall v. Luna, 21-10159, appeal from N.D. Tex.
- per curiam (Dennis, Southwick, Wilson), excessive force, qualified immunity
- Affirming judgment after trial, and denial of motion for judgment notwithstanding the verdict and motion for new trial, that police officer defendants had not violated any of plaintiff’s constitutional rights during arrest.
- U.S. v. Callahan, 21-10253, appeal from N.D. Tex.
- per curiam (Barksdale, Stewart, Dennis), criminal, sentencing
- Affirming 120-month sentence on conviction of being a felon in possession of a firearm.
- U.S. v. Clark, 21-10384, appeal from N.D. Tex.
- per curiam (Jones, Duncan, Engelhardt), habeas corpus
- Denying COA from partial denial of § 2255 petition.
- U.S. v. Pinales, 21-10541, appeal from N.D. Tex.
- per curiam (Smith, Stewart, Graves), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Wright, 21-10548, appeal from N.D. Tex.
- per curiam (Higginbotham, Higginson, Duncan), criminal, new trial
- Affirming denial of motion for new trial brought three years after conviction on basis of new evidence.
- U.S. v. Rodriguez, 21-10716, appeal from N.D. Tex.
- per curiam (Smith, Stewart, Graves), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Jones, 21-10916, appeal from N.D. Tex.
- per curiam (Smith, Stewart, Graves), criminal, sentencing
- Affirming 12-month-and-one-day sentence for revocation of supervised release.
- U.S. v. Velasquez-Torres, 21-11012, appeal from N.D. Tex.
- per curiam (Davis, Jones, Elrod), criminal, sentencing
- Granting summary affirmance of 22-month sentence on conviction of illegal reentry.
- U.S. v. Lynch, 21-11131, appeal from N.D. Tex.
- per curiam (Wiener, Dennis, Haynes), criminal, sentencing
- Affirming imposition of re-imprisonment term as a condition for violation of supervised release, in sentence for conviction of five counts of bank robbery.
- U.S. v. Molina-Hernandez, 21-20099, appeal from S.D. Tex.
- per curiam (Davis, Jones, Elrod), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- Long v. Dearborn National Life Insurance Co., 21-20246, appeal from S.D. Tex.
- per curiam (Barksdale, Stewart, Dennis), insurance
- Affirming dismissal of suit in favor of insurer defendant in claims arising from denial of long-term disability benefits.
- Ahmadi v. Lumpkin, 21-20341, appeal from S.D. Tex.
- per curiam (Smith, Stewart, Graves), prisoner suit
- Dismissing as frivolous appeal from dismissal of former prisoner’s § 1983 claims.
- Attorre v. Russos Westheimer, Inc., 21-20344, appeal from S.D. Tex.
- per curiam (Smith, Stewart, Graves), Fair Labor Standards Act
- Affirming granting of cross-motions for summary judgment in plaintiff’s favor on FLSA claims that employer impermissibly took a tip credit without first informing the plaintiff it would do so and that it impermissibly took a biweekly “linen fee.”
- Nunu v. State of Texas, 21-20446, appeal from S.D. Tex.
- per curiam (Jolly, Willett, Engelhardt), jurisdiction
- Affirming district court’s dismissal of plaintiff’s claims arising from administration of his parents’ estate, for lack of jurisdiction and that claims were barred by the Rooker-Feldman doctrine.
- U.S. v. Leal, 21-20453, appeal from S.D. Tex.
- per curiam (Wiener, Dennis, Haynes), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- Crear v. Jones, 21-30158, appeal from W.D. La.
- per curiam (Jolly, Willett, Engelhardt), Bivens claim
- Affirming dismissal of prisoner’s Bivens claim as time-barred.
- U.S. v. Johnson, 21-30228, appeal from M.D. La.
- per curiam (Stewart, Haynes, Ho), criminal, compassionate release
- Dismissing as frivolous appeal from denial of motion for compassionate release.
- U.S. v. Jones, 21-30309, appeal from M.D. La.
- per curiam (King, Costa, Ho), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Montgomery, 21-30553, appeal from W.D. La.
- per curiam (Clement, Ho, Oldham), criminal, sentencing
- Affirming 292-month sentence on conviction of conspiracy to distribute methamphetamine.
- Smith v. Wal-Mart Louisiana, L.L.C., 21-30665, appeal from W.D. La.
- per curiam (Smith, Stewart, Graves), personal tort
- Affirming summary judgment for defendant in slip-and-fall suit.
- U.S. v. Escandon, 21-40079, appeal from S.D. Tex.
- per curiam (Southwick, Haynes, Higginson), criminal, sentencing
- Affirming 18-month sentence on revocation of supervised release.
- U.S. v. Cruz-Desantiago, 21-40100, appeal from S.D. Tex.
- per curiam (Higginbotham, Higginson, Duncan), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Ramos-Alvarenga, 21-40304, appeal from S.D. Tex.
- per curiam (Davis, Jones, Elrod), criminal, sentencing
- Vacating judgment that imposed supervised release conditions that were not part of the sentence that was orally pronounced, and remanding for imposition of new judgment comporting with the orally-pronounced sentence.
- U.S. v. Fontenot, 21-40330, appeal from W.D. Tex.
- per curiam (Smith, Stewart, Graves), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Moore, 21-40394, appeal from E.D. Tex.
- per curiam (Wiener, Dennis, Haynes), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Rodriguez-Saldana, 21-40488, appeal from S.D. Tex.
- per curiam (Higginbotham, Higginson, Duncan), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Lopez-Erazo, 21-40595, appeal from S.D. Tex.
- per curiam (Smith, Stewart, Graves), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Riley, 21-40638, appeal from S.D. Tex.
- per curiam (Higginbotham, Higginson, Duncan), criminal
- Affirming convictions for receipt of child pornography and possession of child pornography.
- U.S. v. Estrada, 21-40668, appeal from S.D. Tex.
- per curiam (Jolly, Willett, Engelhardt), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Olvera-Baez, 21-40695, appeal from S.D. Tex.
- per curiam (King, Costa, Ho), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Ruiz-Bedolla, 21-40709, appeal from S.D. Tex.
- per curiam (Wiener, Dennis, Haynes), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Camacho-Govea, 21-40765, appeal from S.D. Tex.
- per curiam (Wiener, Dennis, Haynes), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Okeke, 21-40890, appeal from E.D. Tex.
- per curiam (Wiener, Dennis, Haynes), criminal, pretrial detention
- Affirming denial of motion to revoke magistrate judge’s pretrial detention order.
- U.S. v. Barnett, 21-50375, appeal from W.D. Tex.
- per curiam (Wiener, Dennis, Haynes), criminal, sentencing
- Affirming 151-month sentence on conviction of possession with intent to distribute at least 50 grams of a mixture or substance containing a detectable amount of methamphetamine.
- Ashley G. v. Copperas Cove Independent School District, 21-50437, appeal from W.D. Tex.
- per curiam (Smith, Costa, Wilson), Individuals with Disabilities in Education Act
- Affirming judgment that defendant school district did not violate the IDEA or the Rehabilitation Act.
- St. Pierre v. Standard Insurance Co., 21-50498, appeal from W.D. Tex.
- per curiam (Barksdale, Stewart, Dennis), insurance
- Affirming dismissal of claims arising from failure to pay on life insurance policy.
- U.S. v. Bonilla-Morales, 21-50562, appeal from W.D. Tex.
- per curiam (Wiener, Dennis, Haynes), criminal, sentencing
- Affirming 27-month sentence on conviction of illegal reentry.
- U.S. v. Marin-Maldonado, 21-50731, appeal from W.D. Tex.
- per curiam (King, Costa, Ho), criminal, sentencing
- Granting summary affirmance of 51-month sentence on conviction of illegal reentry.
- U.S. v. Guzman-Avila, 21-50754, appeal from W.D. Tex.
- per curiam (Higginbotham, Higginson, Duncan), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Perez-Jimenez, 21-50779, c/w 21-50793, appeal from W.D. Tex.
- per curiam (Davis, Jones, Elrod), criminal, sentencing
- Affirming sentence on convictions of illegal reentry and revocation of supervised release.
- U.S. v. Jimenez-Ramirez, 21-50822, appeal from W.D. Tex.
- per curiam (Smith, Stewart, Graves), criminal, sentencing
- Affirming conviction and sentence for illegal reentry.
- U.S. v. Oyervides, 21-50844, appeal from W.D. Tex.
- per curiam (Barksdale, Stewart, Dennis), criminal, sentencing
- Affirming 15-month sentence on revocation of supervised release.
- U.S. v. Rodriguez-Castro, 21-50929, appeal from W.D. Tex.
- per curiam (Davis, Jones, Elrod), criminal, sentencing
- Affirming conviction and sentence for illegal reentry and revocation of supervised release.
- U.S. v. Torrez-Gutierrez, 21-50969, appeal from W.D. Tex.
- per curiam (Smith, Stewart, Graves), criminal, sentencing
- Affirming conviction and sentence for illegal reentry and revocation of supervised release.
- U.S. v. Diaz-Diaz, 21-50994, c/w 21-51007, appeal from W.D. Tex.
- per curiam (Jolly, Willett, Engelhardt), criminal, sentencing
- Affirming conviction and sentence for illegal reentry and revocation of supervised release.
- U.S. v. Gomez-Godinez, 21-51020, c/w 21-51029, appeal from W.D. Tex.
- per curiam (King, Costa, Ho), criminal, sentencing
- Affirming conviction and sentence for illegal reentry and revocation of supervised release.
- Barahona-Flores v. Garland, 21-60035, petition for review of BIA order
- per curiam (Davis, Jones, Elrod), immigration
- Denying in part and dismissing in part Salvadoran citizen’s petition for review of BIA order dismissing her appeal from the denial of her application for withholding of removal.
- Thraiyappah v. Garland, 21-60092, petition for review of BIA order
- per curiam (Wiener, Graves, Ho), immigration
- Granting Sri Lankan citizen’s petition for review of BIA order dismissing an appeal of the Immigration Judge’s (IJ) denial of asylum, withholding of removal, and protection under the Convention Against Torture, vacating BIA order in part, and remanding.
- Strong v. U.S. Department of Agriculture, 21-60449, appeal from S.D. Miss.
- per curiam (Davis, Jones, Elrod), employment discrimination
- Affirming dismissal of employment discrimination claims.
- U.S. v. Williams, 21-60500, appeal from S.D. Miss.
- per curiam (Barksdale, Costa, Engelhardt), criminal
- Affirming judgment of revocation of supervised release.
- Higginbotham v. Barnes, 21-60601, appeal from N.D. Miss.
- per curiam (Elrod, Oldham, Wilson), habeas corpus
- Dismissing as frivolous appeal from motion transferring claim to Court of Appeals as unauthorized successive § 2254 petition.
Take the Fifth 