Take the Fifth

(Still in catch-up mode here, so the opinions designated for publication will get the same brief treatment as the unpublished opinions …)

Designated for publication

• Crittindon v. LeBlanc, 20-30304, appeal from M.D. La.
  • Higginbotham, J. (Higginbotham, Costa, Oldham), Oldham, J., dissenting; qualified immunity
  • Affirming in part and reversing in part denial of qualified immunity for state Department of Public Safety And Corrections officials on claims they ignored the administrative failure of local jails used to house convicted state prisoners that was causing those prisoners to remain jailed after they had served out their sentences; and remanding for further proceedings.
  • Judge Oldham dissented, as he would have held that the plaintiffs’ claims were barred under Heck v. Humphrey and, alternatively, that they were entitled to qualified immunity on all claims.

• Mitchell v. Goings, 20-30672, appeal from E.D. La.
  • Jones, J. (Jones, Stewart, Duncan), prisoner suit
  • Reversing dismissal of plaintiff’s claims under the PLRA’s three-strikes provision, as his claims were removed to, rather than brought in, federal court.

• Fosu v. Garland, 20-60749, petition for review of BIA order
  • per curiam (Clement, Graves, Costa), immigration
  • Dismissing in part and denying in part Ghanaian citizen’s petition for review of BIA order dismissing appeal of IJ’s removal order and denial of applications for withholding of removal and protection under the CAT.

• Monsonyem v. Garland, 20-60952, petition for review of BIA order
  • per curiam (Clement, Graves, Costa), immigration
  • Dismissing in part and denying in part Nigerian citizen’s petition for review of BIA order dismissing appeal of IJ’s order denying cancellation of removal.

• ETC Sunoco Holdings, L.L.C. v. U.S., 21-10937, appeal from N.D. Tex.
  • Costa, J. (Clement, Graves, Costa), tax, res judicata
  • Affirming dismissal on collateral estoppel grounds of plaintiff’s suit against IRS for tax refund on theory argued unsuccessfully for prior tax years in Court of Federal Claims.

• Ferrer & Poirot, GP v. The Cincinnati Insurance Co., 21-11046, appeal from N.D. Tex.
  • per curiam (Higginbotham, Higginson, Oldham), insurance
  • Affirming dismissal of law firm’s claims for coverage of losses arising from the Covid-19 pandemic.

• U.S. v. Henry, 21-20043, appeal from S.D. Tex.
  • per curiam (Higginbotham, Higginson, Oldham), criminal, search and seizure
  • Affirming conviction for possession with intent to distribute 100 grams or more of heroin, and upholding denial of motion to suppress evidence of heroin found 26 minutes after initiation of traffic stop.

• U.S. v. Mearis, 21-20047, appeal from S.D. Tex.
  • Higginbotham, J. (Richman, Higginbotham, Elrod), criminal, speedy trial, sufficiency of evidence
  • Affirming conviction on five counts of sex trafficking.

• XL Insurance America, Inc. v. Turn Services, L.L.C., 21-30520, appeal from E.D. La.
  • Wiener, J. (Smith, Wiener, Southwick), maritime law
  • Vacating summary judgment in favor of vessel owner on Robins Dry Dock grounds, and remanding for further proceedings.

• U.S. v. Badillo, 21-40459, appeal from S.D. Tex.
  • per curiam (Davis, Elrod, Haynes), criminal, sentencing
  • Vacating sentence in part, vacating to excise special condition in supervised release portion of sentence for illegal reentry that required defendant to “self-deport” after prison term if immigration officials declined to take custody of him, and remanding for resentencing.

• Field v. Anadarko Petroleum Corp., 22-20054, appeal from S.D. Tex.
  • Wilson, J. (Willett, Engelhardt, Wilson), Fair Labor Standards Act, intervention
  • Reversing district court’s denial of intervention into FLSA claim against oilfield operator by employees, where intervention was sought by companies who developed app to connect oilfield workers looking for employment with oil and gas operators on basis that their interest was in efficacy of arbitration provision between them and the workers.

• Robinson v. Ardoin, 22-30333, appeal from M.D. La.
  • per curiam (Smith, Higginson, Willett), congressional redistricting, voting rights
  • Denying motion to stay pending appeal an order of the district court that required the Louisiana Legislature to enact a new congressional map with a second majority-black district; and expediting appeal to the next available merits panel.

Unpublished

• Gibson v. Barrere, 19-30581, appeal from M.D. La.
  • per curiam (Clement, Graves, Costa), prisoner suit
  • Vacating dismissal of prisoner’s § 1983 action as time-barred, and remanding for further proceedings.

• Burch v. Aurzada, 20-11035, appeal from N.D. Tex.
  • per curiam (Elrod, Oldham, Wilson), bankruptcy
  • Dismissing as frivolous appeal from district court’s dismissal of appeal of bankruptcy court order for failure to pay filing fee.

• Vandenberg v. University of St. Thomas, 20-20620, appeal from S.D. Tex.
  • per curiam (Richman, Haynes, Duncan), Title VII, employment discrimination
  • Affirming summary judgment in favor of defendant on plaintiff’s racial discrimination claims.

• U.S. v. Pereznegron, 20-20644, appeal from S.D. Tex.
  • per curiam (Smith, Elrod, Oldham), criminal, sentencing
  • Affirming 48-month sentence on conviction of illegal reentry, finding no plain error in district court’s refusal to allow defendant to allocute during sentencing.

• Peters v. Hooper, 20-30098, appeal from M.D. La.
  • per curiam (Jones, Stewart, Duncan), habeas corpus
  • Affirming district court’s dismissal of § 2254 petition as untimely.

• Young v. LeBlanc, 20-30430, appeal from E.D. La.
  • per curiam (Smith, Wiener, Southwick), prisoner suit
  • Affirming in part and dismissing appeal in part from dismissal of prisoner’s § 1983 claims.

• Marlowe v. LeBlanc, 20-30738, appeal from M.D. La.
  • per curiam (Higginbotham, Higginson, Oldham), qualified immunity
  • Vacating denials of qualified immunity to prison officials, and remanding for further consideration.

• Parrott v. Sizemore, 20-40586, appeal from E.D. Tex.
  • per curiam (Clement, Graves, Costa), prisoner suit
  • Affirming dismissal of prisoner’s federal claims.

• Brantner v. Freestone County Sheriffs Office, 20-50528, appeal from W.D. Tex.
  • per curiam (Higginbotham, Higginson, Oldham), prisoner suit
  • Affirming summary judgment in favor of defendants on plaintiff pretrial detainee’s claims arising from injuries while at county jail.

• Walker v. Stroman, 20-50602, appeal from W.D. Tex.
  • per curiam (Jones, Stewart, Duncan), § 1983
  • Affirming in part, reversing in part, and remanding dismissal of false arrest claims.

• U.S. v. Zepeda, 20-51004, appeal from W.D. Tex.
  • per curiam (Higginbotham, Higginson, Duncan), criminal, compassionate release
  • Affirming denial of motion for compassionate release.

• Lopez-Mejia v. Garland, 20-60142, petition for review of BIA order
  • per curiam (Smith, Stewart, Graves), immigration
  • Dismissing in part and denying in part Honduran citizen’s petition for review of BIA order dismissing her appeal from a decision of the Immigration Judge (IJ) denying her application for asylum, withholding of removal, and relief under the CAT.

• Lopez-Augustin v. Garland, 20-60545, petition for review of BIA order
  • per curiam (King, Costa, Ho), immigration
  • Denying Guatemalan citizen’s petition for review of BIA order dismissing his appeal from the Immigration Judge’s (IJ) denial of his application for cancellation of removal.

• Reyes v. Garland, 20-60794, petition for review of BIA order
  • per curiam (Higginbotham, Higginson, Oldham), immigration
  • Dismissing Mexican citizen’s petition for review of BIA order concluding that he was ineligible for asylum, withholding of removal, and relief under the Convention Against Torture.

• Aleman-Garcia v. Garland, 20-60867, petition for review of BIA order
  • per curiam (Wiener, Dennis, Haynes), immigration
  • Denying in part and dismissing in part Honduran citizen’s petition for review of BIA order dismissing her appeal from the denial of both her motion to terminate proceedings and her application for asylum, withholding of removal, and protection under the Convention Against Torture.

• Alvarado-Velasquez v. Garland, 20-60930, petition for review of BIA order
  • per curiam (Higginbotham, Higginson, Oldham), immigration
  • Denying Honduran citizen’s petition for review of BIA order denying his application for asylum and withholding of removal.

• Castellon-Villalobos v. Garland, 20-60944, petition for review of BIA order
  • per curiam (Smith, Wiener, Southwick), immigration
  • Denying Nicaraguan citizens’ petition for review of BIA order dismissing their appeal of the orders of the immigration judge (I.J.) denying asylum, withholding of removal, and protection under the Convention Against Torture.

• Hernandez-Arguijo v. Garland, 20-61131, petition for review of BIA order
  • per curiam (Jolly, Willett, Engelhardt), immigration
  • Dismissing in part and denying in part Honduran citizen’s petition for review of BIA order upholding the immigration judge’s denial of her motion to reopen.

• Rojas v. Garland, 20-61172, petition for review of BIA order
  • per curiam (Jones, Stewart, Duncan), immigration
  • Denying in part and dismissing in part Guatemalan citizen’s petition for review of BIA order affirming the decision of the Immigration Judge (“IJ”) denying his application for asylum, withholding of removal, and protection under the Convention Against Torture.

• U.S. v. Perales, 21-10611, appeal from N.D. Tex.
  • per curiam (Jolly, Willett, Engelhardt), criminal, compassionate release
  • Affirming denial of motion for compassionate release.

• U.S. v. Anderson, 21-10738, appeal from N.D. Tex.
  • per curiam (Jones, Stewart, Duncan), criminal, compassionate release
  • Affirming denial of motion for compassionate release.

• U.S. v. Gonzalez, 21-10954, appeal from N.D. Tex.
  • per curiam (Wiener, Dennis, Haynes), criminal
  • Granting Anders motion to withdraw, and dismissing appeal.

• U.S. v. Rahimi, 21-11001, appeal from N.D. Tex.
  • per curiam (King, Costa, Ho), criminal, sentencing
  • Affirming sentencing for possessing a firearm in contravention of a restraining order to run concurrently with some state-offense sentences but consecutively with others.

• U.S. v. White, 21-20090, appeal from S.D. Tex.
  • per curiam (Jones, Stewart, Duncan), criminal, compassionate release
  • Affirming denial of motion for compassionate release.

• Taylor v. Poffinbarger, 21-20097, appeal from S.D. Tex.
  • per curiam (King, Costa, Ho), prisoner suit
  • Affirming dismissal of prisoner’s § 1983 suit.

• Anadarko E&P Onshore, L.L.C. v. California Union Insurance Co., 21-20548, appeal from S.D. Tex.
  • per curiam (Jones, Southwick, Oldham), insurance
  • Affirming dismissal of plaintiff’s claims for insurance coverage.

• U.S. v. Young, 21-30038, appeal from M.D. La.
  • per curiam (Wiener, Dennis, Haynes), criminal, guilty plea
  • Remanding to district court to rule on motion to accept guilty plea.

• Fields v. QBE Specialty Insurance Co., 21-30318, appeal from M.D. La.
  • per curiam (Jones, Stewart, Duncan), insurance
  • Affirming summary judgment in favor of insurer on homeowner’s claim arising from lightning strike.

• Ballard v. Hilcorp Energy Co., 21-30632, appeal from W.D. La.
  • Higginson, J. (Higginbotham, Higginson, Oldham), removal
  • Dismissing appeal from remand order for lack of jurisdiction.

• Team Contractors, L.L.C. v. Waypoint NOLA, L.L.C., 21-30654, appeal from E.D. La.
  • per curiam (Clement, Graves, Costa), attorneys’ fees
  • Dismissing appeal from unquantified award of attorneys’ fees for lack of a final appealable order.

• Mackey v. American Multi-Cinema, Inc., 21-30687, appeal from E.D. La.
  • per curiam (Higginbotham, Higginson, Oldham), personal tort
  • Affirming grant of summary judgment to defendant in trip-and-fall case.

• Gaitan v. Saenz, 21-40042, appeal from S.D. Tex.
  • per curiam (King, Costa, Ho), prisoner suit
  • Affirming dismissal of prisoner’s § 1983 claim.

• U.S. v. Hester, 21-40253, appeal from E.D. Tex.
  • per curiam (Stewart, Clement, Elrod), criminal, sentencing, sufficiency of evidence
  • Affirming convictions on counts for drug conspiracy, possession of a firearm in furtherance of a drug trafficking crime, and felon in possession of a firearm, and sentences of life, 120 months, and 60 months.

• U.S. v. Leon-Sanchez, 21-40303, appeal from S.D. Tex.
  • Higginson, J. (Higginbotham, Higginson, Oldham), criminal, sentencing
  • Affirming 30-month sentence on conviction of illegal reentry.

• U.S. v. Villanueva, 21-40356, appeal from S.D. Tex.
  • per curiam (Jones, Stewart, Duncan), criminal, sentencing, competency
  • Affirming convictions of six counts relating to drug trafficking and money laundering, and sentences including life sentence.

• U.S. v. Desire, 21-40636, appeal from S.D. Tex.
  • per curiam (King, Costa, Ho), criminal, sufficiency of evidence
  • Affirming conviction for knowingly transporting an illegal alien.

• U.S. v. Segura-Martinez, 21-40651, appeal from E.D. Tex.
  • per curiam (Smith, Wiener, Southwick), criminal
  • Granting Anders motion to withdraw, and dismissing appeal.

• U.S. v. Luquez, 21-40667, appeal from S.D. Tex.
  • per curiam (King, Costa, Ho), criminal, sentencing
  • Affirming conviction and sentence for illegal reentry.

• Habiniak v. Ramirez, 21-40678, appeal from S.D. Tex.
  • per curiam (Davis, Higginson, Ho), Rule 60
  • Affirming denial of plaintiff’s Rule 60(d)(3) motion alleging fraud on the court.

• U.S. v. Casas, 21-40688, appeal from S.D. Tex.
  • per curiam (Higginbotham, Higginson, Oldham), criminal
  • Granting Anders motion to withdraw, and dismissing appeal.

• U.S. v. Benavides, 21-40843, appeal from S.D. Tex.
  • per curiam (Smith, Stewart, Graves), criminal, sentencing
  • Affirming in part, vacating in part, and remanding for resentencing from 100-month sentence on conviction of harboring an illegal alien within the United States for commercial advantage or private financial gain.

• U.S. v. Mireles, 21-40852, appeal from S.D. Tex.
  • per curiam (Jolly, Willett, Engelhardt), criminal
  • Granting Anders motion to withdraw, and dismissing appeal.

• U.S. v. Alvarado, 21-50169, appeal from W.D. Tex.
  • per curiam (Jones, Stewart, Duncan), criminal, sentencing
  • Affirming 216-month sentence on conviction of conspiracy to possess with intent to distribute meth.

• U.S. v. Braddy, 21-50185, appeal from W.D. Tex.
  • per curiam (Smith, Wiener, Southwick), criminal, sentencing
  • Vacating sentence on conviction of conspiring to distribute cocaine and methamphetamine, and remanding for entering new sentence confirming with orally pronounced sentence.

• U.S. v. McKinney, 21-50308, appeal from W.D. Tex.
  • per curiam (Clement, Graves, Costa), criminal, search and seizure
  • Vacating conviction and sentence for possession of a firearm after a felony conviction, and remanding for further proceedings.

• U.S. v. Rodriguez-Banda, 21-50342, appeal from W.D. Tex.
  • per curiam (Wiener, Dennis, Haynes), criminal, sentencing
  • Affirming 18-month sentence on revocation of supervised release.

• U.S. v. Alvarado-Arredondo, 21-50549, c/w 21-50555, appeal from W.D. Tex.
  • per curiam (Wiener, Dennis, Haynes), criminal, sentencing
  • Affirming sentences on conviction of illegal reentry and revocation of supervised release.

• U.S. v. Aguilar, 21-50686, appeal from W.D. Tex.
  • per curiam (King, Costa, Ho), criminal, sentencing
  • Granting summary affirmance on conviction of possession with intent to distribute five grams or more of actual methamphetamine and for possession of a firearm in furtherance of a drug trafficking crime.

• U.S. v. Woodruff, 21-50788, appeal from W.D. Tex.
  • per curiam (King, Costa, Ho), criminal
  • Granting Anders motion to withdraw, and dismissing appeal.

• U.S. v. Montemayor, 21-50802, appeal from W.D. Tex.
  • per curiam (Jones, Duncan, Engelhardt), criminal
  • Granting Anders motion to withdraw, and dismissing appeal.

• U.S. v. Crayton, 21-50967, appeal from W.D. Tex.
  • per curiam (King, Costa, Ho), criminal
  • Granting Anders motion to withdraw, and dismissing appeal.

• U.S. v. Ochoa, 21-51119, appeal from W.D. Tex.
  • per curiam (Jolly, Willett, Engelhardt), criminal
  • Granting Anders motion to withdraw, and dismissing appeal.

• Khachatryan v. Garland, 21-60097, petition for review of BIA order
  • per curiam (Jolly, Willett, Engelhardt), immigration
  • Denying in part and dismissing in part Armenian citizen’s petition for review of BIA order dismissing his appeal from a decision of the Immigration Judge (IJ) concluding that he was ineligible for asylum, withholding of removal, and relief under the CAT.

• Hardine v. Kijakazi, 21-60226, appeal from N.D. Miss.
  • per curiam (Higginbotham, Higginson, Oldham), social security
  • Vacating commissioner’s denial of disability benefits, and remanding for further proceedings.

• Kaba v. Garland, 21-60409, petition for review of BIA order
  • per curiam (King, Costa, Ho), immigration
  • Denying in part and dismissing in part Guinean citizen’s petition for review of BIA order dismissing his appeal from the Immigration Judge’s (IJ) order denying asylum, withholding of removal, and Convention Against Torture (CAT) relief.

• Singh v. Garland, 21-60499, petition for review of BIA order
  • per curiam (Wiener, Dennis, Haynes), immigration
  • Denying in part and dismissing in part Indian citizen’s petition for review of BIA order dismissing his appeal from a decision of the immigration judge (IJ) denying his applications for asylum, withholding of removal, and relief under the CAT.

• Aragon-Rivera v. Garland, 21-60544, petition for review of BIA order
  • per curiam (Davis, Higginson, Costa), immigration
  • Denying in part and dismissing in part Salvadoran citizen’s petition for review of BIA order dismissing her appeal from a decision of the Immigration Judge (IJ) concluding that she was ineligible for asylum, withholding of removal, and protection under the CAT.

• Li v. Garland, 21-60683, petition for review of BIA order
  • per curiam (King, Costa, Ho), immigration
  • Denying Chinese citizen’s petition for review of BIA order denying her untimely motion to reopen her removal proceedings on the ground that her former counsel rendered ineffective assistance.

• Williams v. Zachary, 21-60753, appeal from N.D. Miss.
  • per curiam (Higginbotham, Higginson, Oldham), § 1983
  • Affirming summary judgment in favor of defendants arising from death of plaintiff’s father while in custody.

• Esquivel-Muniz v. Garland, 21-60769, petition for review of BIA order
  • per curiam (Higginbotham, Higginson, Duncan), immigration
  • Denying in part and dismissing in part Mexican citizen’s petition for review of BIA order dismissing his appeal from the denial of his application for cancellation of removal.

• Armijo-Borjas v. Garland, 21-60783, petition for review of BIA order
  • per curiam (Wiener, Dennis, Haynes), immigration
  • Denying Honduran citizen’s petition for review of BIA order dismissing an appeal from a decision of the immigration judge (IJ) concluding that Armijo-Borjas was ineligible for asylum, withholding of removal, and relief under the Convention Against Torture.

• U.S. v. Scott, 21-60825, appeal from S.D. Miss.
  • per curiam (King, Costa, Ho), criminal
  • Granting Anders motion to withdraw, and dismissing appeal.

• Brown v. Uselton, 21-60962, appeal from N.D. Miss.
  • per curiam (Clement, Haynes, Higginson), § 1983
  • Affirming district court’s judgment on holding there were no non-frivolous arguments on appeal.

• U.S. v. Rocha-Chavez, 22-10004, appeal from N.D. Tex.
  • per curiam (Wiener, Dennis, Haynes), criminal
  • Granting Anders motion to withdraw, and dismissing appeal.

• U.S. v. Portillo-Rodriguez, 22-50014, c/w 22-50015, appeal from W.D. Tex.
  • per curiam (King, Costa, Ho), criminal, sentencing
  • Affirming conviction and sentence for illegal reentry and revocation of supervised release.

• Mendoza v. Boulet, 22-600045, appeal from S.D. Tex.
  • per curiam (Smith, Higginson, Willett), habeas corpus
  • Dismissing as frivolous appeal from dismissal of § 2241 petition.