June 16-17, 2022, opinions

Posted on by tadbartlett

(Still in catch-up mode here, so the opinions designated for publication will get the same brief treatment as the unpublished opinions …)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

  • Durbois v. Deutsche Bank National Trust Co., 20-11082, appeal from N.D. Tex.
    • Oldham, J. (Jolly, Haynes, Oldham), foreclosure, diversity jurisdiction
    • Reversing district court’s dismissal of homeowner’s suit arising from the attempted foreclosure on his home, and remanding with instructions to remand to state court for lack of amount-in-controversy to satisfy the requisites for diversity jurisdiction. The Court held that the defendant bank failed to prove that the full value of the house was the amount in controversy, and that the plaintiff’s stipulation that he would not seek to recover more than $74,500 was effective to limit the amount in controversy.
  • Fox v. Nu Line Transport, L.L.C., 20-30716, appeal from W.D. La.
    • per curiam (Dennis, Engelhardt, Hicks (by desig.)), personal tort, employer liability
    • Certifying to Louisiana Supreme Court the following question: “Under Louisiana law, can plaintiffs, Benjamin and Holly Fox, individually and on behalf of their minor children EF and NF, simultaneously maintain (1) a direct negligence claim against Nu Line for negligent hiring, training, and supervision of its employee Simon Brumfield and (2) a negligence claim against Brumfield for which Nu Line could be held vicariously liable under respondeat superior, (3) after Nu Line has stipulated that Brumfield was in the course and scope of employment when the alleged negligence occurred?”
  • Salazar v. Molina, 20-40334, appeal from S.D. Tex.
    • Oldham, J. (Smith, Elrod, Oldham), qualified immunity
    • Reversing summary judgment denial of qualified immunity to officer who tased and handcuffed plaintiff after high-speed chase through residential neighborhood, and rendering judgment in favor of defendant.
  • Attala County, Mississippi v. Evans, 20-60913, appeal from N.D. Miss.
    • Southwick, J. (Elrod, Southwick, Costa), Costa, J., dissenting; standing
    • Affirming dismissal of plaintiffs’ suit that district attorney violated their constitutional rights to serve on juries by regularly discriminating against Black potential jurors by striking them from juries because of their race. The district court had dismissed the suit on abstention grounds; the Court affirmed the dismissal on the alternative ground that the plaintiffs failed to show standing because they could not show sufficiently real and immediate threat of a violation of their constitutional rights.
    • Judge Costa dissented. He noted that the Court’s precedent supported a finding of probability of future injury that should be sufficient to show standing.
  • Carswell v. Camp, 21-10171, appeal from N.D. Tex.
    • Oldham, J. (Barksdale, Engelhardt, Oldham), qualified immunity
    • Vacating district court’s boilerplate scheduling order that required discovery to move forward without first determining the issue of qualified immunity.
  • Burbridge v. CitiMortgage, Inc., 21-40309, appeal from E.D. Tex.
    • Ho, J. (King, Graves, Ho), breach of contract
    • Reversing district court’s dismissal of claims arising from loan agreement, holding that contractual grace period must be interpreted according to its plain meaning.

Unpublished

  • U.S. v. Solano-Espino, 20-40726, appeal from S.D. Tex.
    • per curiam (Higginbotham, Higginson, Duncan), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Castillo v. Garland, 20-60925, petition for review of BIA order
    • per curiam (Southwick, Oldham, Wilson), immigration
    • Denying in part and dismissing in part Nicaraguan citizen’s petition for review of BIA order affirming the immigration judge’s denial of her motion to reopen in absentia removal proceedings.
  • Hernandez v. Garland, 20-61037, petition for review of BIA order
    • per curiam (Southwick, Oldham, Wilson), immigration
    • Denying in part and dismissing in part Mexican citizen’s petition for review of BIA order affirming the denial of his motion to reopen by the Immigration Judge (IJ) and the BIA’s decision not to exercise its sua sponte authority to reopen his case.
  • Kondamudi v. Garland, 20-61085, petition for review of BIA order
    • per curiam (Davis, Elrod, Higginson), immigration
    • Denying Indian citizens’ petition for review of BIA order dismissing their appeal from the denial of their application for asylum, withholding of removal, and relief under the Convention Against Torture.
  • De Alvarado v. Garland, 20-61196, petition for review of BIA order
    • per curiam (Wiener, Dennis, Haynes), immigration
    • Denying 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 and withholding of removal.
  • Witherspoon v. Waybourn, 21-10407, appeal from N.D. Tex.
    • per curiam (Southwick, Oldham, Wilson), prisoner suit
    • Affirming dismissal of inmate’s § 1983 suit arising from COVID-19 response in jail.
  • Hanan v. Crete Carrier Corp., 21-10831, appeal from N.D. Tex.
    • per curiam (Jones, Stewart, Duncan), personal tort
    • Affirming judgment after jury trial in favor of defendant arising from automobile accident.
  • U.S. v. Ortuno-Palacios, 21-11025, appeal from N.D. Tex.
    • per curiam (Higginbotham, Higginson, Duncan), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Leal, 21-11074, appeal from N.D. Tex.
    • per curiam (Higginbotham, Higginson, Duncan), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Mateo, 21-11158, appeal from N.D. Tex.
    • per curiam (Higginbotham, Higginson, Duncan), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Utley v. City of Houston, 21-20623, appeal from S.D. Tex.
    • per curiam (Southwick, Oldham, Wilson), § 1983
    • Affirming dismissal of various constitutional claims arising from arrest during protest of the murder of George Floyd.
  • U.S. v. Hudson, 21-30749, appeal from M.D. La.
    • per curiam (Higginbotham, Higginson, Duncan), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Hester v. Warden FCI Texarkana, 21-40436, appeal from E.D. Tex.
    • per curiam (Jolly, Willett, Engelhardt), habeas corpus
    • Affirming dismissal of § 2241 petition.
  • U.S. v. Leon-Cardenas, 21-40659, appeal from S.D. Tex.
    • per curiam (Jolly, Willett, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Gutierrez-Lara, 21-40845, appeal from S.D. Tex.
    • per curiam (Barksdale, Costa, Engelhardt), criminal, sentencing
    • Affirming 24-month sentence on conviction of conspiring to transport aliens within the United States.
  • U.S. v. Martinez, 21-40861, appeal from S.D. Tex.
    • per curiam (Higginbotham, Higginson, Duncan), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Lozano, 21-50391, appeal from W.D. Tex.
    • per curiam (Higginbotham, Higginson, Duncan), criminal, search and seizure
    • Affirming conviction of possession of an unregistered firearm, including denial of motion to suppress.
  • U.S. v. Rivera, 21-50473, appeal from W.D. Tex.
    • per curiam (Jolly, Willett, Engelhardt), criminal, sentencing
    • Vacating in part sentence on conviction of conspiracy to distribute and to possess with intent to distribute methamphetamine, and remanding to modify supervised release special conditions to comport with orally pronounced sentence.
  • U.S. v. Sheeds, 21-50758, appeal from W.D. Tex.
    • per curiam (Higginbotham, Higginson, Duncan), criminal, sentencing
    • Vacating in part sentence on conviction of production of child pornography and possession of child pornography, and remanding to modify supervised release special conditions to comport with orally pronounced sentence.
  • U.S. v. Randolph, 21-50809, appeal from W.D. Tex.
    • per curiam (Jolly, Willett, Engelhardt), criminal, sentencing
    • Affirming sentence on conviction of possession of a firearm by a felon.
  • U.S. v. Cadena, 21-50813, appeal from W.D. Tex.
    • per curiam (Southwick, Oldham, Wilson), criminal, compassionate release
    • Affirming denial of motion for compassionate release.
  • U.S. v. Montoya-De La Cruz, 21-50850, appeal from W.D. Tex.
    • per curiam (Higginbotham, Higginson, Duncan), criminal, sentencing
    • Affirming conviction and sentence for illegal reentry.
  • U.S. v. Rodriguez, 21-50900, appeal from W.D. Tex.
    • per curiam (Jolly, Willett, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Sanchez, 21-51061, appeal from W.D. Tex.
    • per curiam (Davis, Higginson, Duncan), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Lopez-Mendoza, 21-51094, c/w 21-51115, appeal from W.D. Tex.
    • per curiam (Higginbotham, Higginson, Duncan), criminal, sentencing
    • Affirming conviction and sentence for illegal reentry and revocation of supervised release.
  • U.S. v. Venzor-Ortega, 21-51197, appeal from W.D. Tex.
    • per curiam (Jones, Elrod, Higginson), criminal, sentencing
    • Affirming conviction and 24-month sentence for illegal reentry.
  • Ventura-De Caceres v. Garland, 21-60197, petition for review of BIA order
    • per curiam (King, Costa, Ho), immigration
    • Dismissing in part and denying in part petitioners’ petition for review of BIA order dismissing their appeal from the immigration judge’s (IJ) denial of their applications for asylum and withholding of removal.
  • U.S. v. McWaine, 21-60474, appeal from N.D. Miss.
    • per curiam (Barksdale, Costa, Engelhardt), criminal, First Step Act
    • Affirming denial of motion for sentence reduction under the First Step Act.
  • Casillas v. Garland, 21-60761, petition for review of BIA order
    • per curiam (Jolly, Willett, Engelhardt), immigration
    • Denying Mexican citizen’s petition for review of BIA dismissal of his appeal from the denial of his application for cancellation of removal.