May 4, 2022, opinions

Posted on by tadbartlett

Catching up on the blog after some non-stop over-drive briefing weeks, so both published and unpublished opinions will only contain summary disposition information and not the usual fuller descriptions.

Designated for publication

  • Johnson v. TheHuffingtonPost.com, Inc., 21-20022, appeal from S.D. Tex.
    • per curiam (King, Smith, Haynes), Elrod, J., dissenting from denial of rehearing (joined by Haynes, Engelhardt, Wilson, JJ.); personal jurisdiction, defamation
    • Denying en banc rehearing on a 10-7 vote (voting for rehearing: Elrod, Haynes, Costa, Willett, Engelhardt, Oldham, Wilson; voting against rehearing: Richman, Jones, Smith, Stewart, Dennis, Southwick, Graves, Higginson, Ho, Duncan), the panel opinion determining that the Texas district court did not have personal jurisdiction over online news media platform.

Unpublished

  • Burch v. America’s Servicing Co., 20-11132, appeal from N.D. Tex.
    • per curiam (Haynes, Duncan, Engelhardt), bankruptcy
    • Dismissing as frivolous appeal from district court’s dismissal of appeal from bankruptcy court for failure to pay filing fee.
  • LMPC402457 v. BP Exploration & Production, Inc., 20-30502, appeal from E.D. La.
    • per curiam (Higginbotham, Higginson, Duncan), settlement agreement
    • Affirming district court’s order denying challenge to BP Deepwater Horizon Medical Benefits Settlement program.
  • Carranza-Albayero v. Garland, 20-60488, petition for review of BIA order
    • Graves, J. (Wiener, Graves, Duncan), immigration
    • Dismissing Salvadoran citizen’s petition for review of BIA order denying her motion to reconsider its summary affirmance of an immigration judge’s (IJ) refusal to reopen her removal proceedings.
  • Geberemeskel v. Garland, 20-60963, petition for review of BIA order
    • per curiam (Jolly, Willett, Engelhardt), immigration
    • Denying in part and dismissing in part Eritrean citizen’s petition for review of BIA order upholding the denial of his claims for asylum, withholding of removal, and protection under the Convention Against Torture.
  • Soni v. Solera Holdings, L.L.C., 21-10428, appeal from N.D. Tex.
    • per curiam (Barksdale, Stewart, Dennis), arbitration
    • Affirming district court’s order dismissing suit and compelling arbitration.
  • U.S. v. Castilleja, 21-10981, appeal from N.D. Tex.
    • per curiam (King, Costa, Ho), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Bradix, 21-11216, appeal from N.D. Tex.
    • per curiam (Jolly, Willett, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Salazar-Razo, 21-20570, appeal from S.D. Tex.
    • per curiam (Davis, Jones, Elrod), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Chavarria, 21-50901, appeal from W.D. Tex.
    • per curiam (Higginbotham, Higginson, Duncan), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Vasquez-Jacinto, 21-51072, appeal from W.D. Tex.
    • per curiam (King, Costa, Ho), criminal, sentencing
    • Affirming 30-month sentence and conviction for illegal reentry.
  • Anyambu v. Garland, 21-60172, petition for review of BIA order
    • per curiam (Jolly, Willett, Engelhardt), immigration
    • Denial of Cameroonian citizen’s petition for review of BIA order affirming IJ’s decision denying her application for asylum, withholding of removal, and relief under the Convention Against Torture.
  • Friston v. Mills, 21-60514, appeal from N.D. Miss.
    • per curiam (Jolly, Willett, Engelhardt), habeas corpus
    • Affirming district court’s denial of sec. 2254 petition.