April 11, 2022, opinions

Posted on by tadbartlett

Designated for publication

  • Sanchez-Amador v. Garland, 20-60367, petition for review of BIA order
    • Engelhardt, J. (Davis, Smith, Engelhardt), immigration
    • Denying Honduran citizen’s petition for review of BIA order affirming IJ’s rejection of application for asylum for petitioner, her husband, and her minor son after DHS charged them with being removable as aliens present in the U.S. without being admitted or paroled.
    • The IJ and BIA found the petitioner credible in her testimony and evidence that she had been sexually assaulted and had been threatened with death or future sexual assault by MS-13, but because she had fled Honduras after reporting the threats to the police but before the two weeks in which they had said they could report back to her, she had failed to establish that the Honduran government was unable or unwilling to control the alleged persecutors. The Court held that substantial evidence supported this finding, and that this “alone defeats Sanchez-Amador’s asylum application.” “We have already held that subjective belief that it would have been futile to report . . . abuse to authorities is not sufficient to overturn the BIA under the substantial evidence standard. True, Sanchez-Amador has presented substantial country condition evidence speaking to how ineffective the authorities have been at combatting domestic violence. But one would be hard-pressed to find that the authorities were unable or unwilling to help her if she never gave them the opportunity to do so.” (Internal quotation marks and citation omitted).

Unpublished

  • Gavidia-Jovel v. Garland, 20-60734, petition for review of BIA order
    • per curiam (Higginbotham, Higginson, Duncan), immigration
    • Denying Salvadoran citizen’s petition for review of BIA order affirming the denial of her application for asylum, withholding of removal, and protection under the Convention Against Torture.
  • Martinez v. Garland, 20-60754, petition for review of BIA order
    • per curiam (King, Costa, Ho), immigration
    • Denying Honduran citizen’s petition for review of BIA order denying him withholding of removal.
  • Umanzor-Cisnado v. Garland, 20-60864, petition for review of BIA order
    • per curiam (King, Costa, Ho), immigration
    • Dismissing in part and denying in part Salvadoran citizen’s petition for review of BIA order vacating the immigration judge’s decision granting his application for cancellation of removal.
  • Pun v. Garland, 20-60940, petition for review of BIA order
    • per curiam (Higginbotham, Higginson, Duncan), immigration
    • Denying Nepalese citizen’s petition for review of BIA order upholding the denial of his claims for asylum, withholding of removal, and relief under the Convention Against Torture.
  • U.S. v. Sanchez, 21-10884, appeal from N.D. Tex.
    • per curiam (Jolly, Willett, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Womack, 21-10942, appeal from N.D. Tex.
    • per curiam (Jolly, Willett, Engelhardt), criminal, sentencing, Armed Career Criminal Act
    • Affirming application of ACCA for 210-month sentence on conviction of being a felon in possession of a firearm.
  • U.S. v. Torres, 21-50819, 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. Fierro, 21-50882, appeal from W.D. Tex.
    • per curiam (Higginbotham, Higginson, Duncan), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Ruiz-Alvarez, 21-50988, appeal from W.D. Tex.
    • per curiam (Higginbotham, Higginson, Duncan), criminal, sentencing
    • Affirming conviction and 37-month sentence for illegal reentry.
  • U.S. v. Carchi-Fernandez, 21-51004, c/w 21-51021, appeal from W.D. Tex.
    • per curiam (Higginbotham, Higginson, Duncan), criminal, sentencing
    • Affirming conviction and sentence for illegal reentry and revocation of supervised release.
  • Baker v. Wal-Mart Stores East, 21-60696, appeal from S.D. Miss.
    • per curiam (Higginbotham, Duncan, Engelhardt), personal tort
    • Affirming 12(b)(6) and summary judgment dismissals of various claims brought by plaintiff arising from purchase of four tires from Wal-Mart.