June 29, 2022, opinions

Posted on by tadbartlett

Designated for publication

  • Djie v. Garland, 20-60448, petition for review of BIA order
    • Oldham, J. (Davis, Willett, Oldham), immigration
    • Denying Indonesian citizens’ petition for review of BIA order denying motion to reopen removal proceedings.
    • The Court held that the petition was both number-barred and time-barred. With regard to the number-bar, the Court held that DOJ’s regulation at 8 CFR § 1003.2(c)(3), which purported to create an exception from the number bar for arguments of changed country conditions, was invalid as contradictory with the plain text of the statute at 8 U.S.C. § 1229a(c)(7)(A).
  • Jackson v. U.S. Department of Housing and Urban Development, 21-20317, appeal from S.D. Tex.
    • Higginson, J. (Southwick, Haynes, Higginson), housing law
    • Affirming the dismissal of plaintiff’s suit against HUD, seeking relocation assistance under the Uniform Relocation Act, after HUD had offered tenants of subsidized housing complex a choice of a no-cost move to a new property to which the complex’s subsidy had been transferred after Hurricane Harvey damaged their complex and the owner did not adequately repair or maintain it, or housing vouchers to be used at new housing of the tenants’ choice.
    • The Court held that the plaintiffs were not “displaced persons” who qualified for assistance under the URA.
  • Izen v. Commissioner of Internal Revenue, 21-60679, appeal from U.S. Tax Court
    • per curiam (Higginbotham, Haynes, Wilson), tax law
    • Affirming judgment of Tax Court denying plaintiff income tax deduction for charitable donation of an aircraft.
    • The Court held that the plaintiff failed to provide a satisfactory contemporaneous written acknowledgment of the donation by the donee.
  • Barnett v. American Express National Bank, 21-60799, appeal from S.D. Miss.
    • per curiam (Higginbotham, Haynes, Wilson), arbitration
    • Vacating denial of motion to compel arbitration, and remanding for reconsideration in light of Forby v. One Techs., L.P., and Morgan v. Sundance, Inc.

Unpublished

  • U.S. v. Edmonds, 19-11007, appeal from N.D. Tex.
    • per curiam (Jones, Southwick, Oldham), habeas corpus
    • Dismissing for lack of jurisdiction petitioner’s successive § 2255 petition.
  • U.S. v. Cabrera, 20-51000, appeal from W.D. Tex.
    • per curiam (Jones, Southwick, Oldham), criminal, sentencing
    • Affirming conviction of conspiring to transport unlawfully present aliens, but vacating sentence and remanding for resentencing.
  • U.S. v. Washington, 21-11223, appeal from N.D. Tex.
    • per curiam (Wiener, Dennis, Haynes), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Sewell v. Monroe City School Board, 21-30696, appeal from W.D. La.
    • per curiam (Higginbotham, Haynes, Wilson), Title VI, Title IX
    • Affirming dismissal of racial and gender discrimination claims based on school’s enforcement of dress code as to dyed hair.
  • U.S. v. Molina-Jimenez, 21-40896, appeal from S.D. Tex.
    • per curiam (Jolly, Willett, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Schuman, 21-51113, appeal from W.D. Tex.
    • per curiam (Wiener, Dennis, Haynes), criminal, sentencing
    • Affirming 30-month sentence on revocation of supervised release.
  • U.S. v. Alcantar, 21-51182, appeal from W.D. Tex.
    • per curiam (Wiener, Dennis, Haynes), criminal, sentencing
    • Granting summary affirmance of sentence on conviction of making counterfeit obligations or securities.
  • Faerber v. BP Exploration, 21-60583, appeal from S.D. Miss.
    • per curiam (Jones, Southwick, Oldham), personal tort
    • Affirming summary judgment for BP on suit arising from Deepwater Horizon oil spill.
  • Wilson v. Kijakazi, 21-60663, appeal from S.D. Miss.
    • per curiam (Higginbotham, Haynes, Wilson), social security
    • Affirming denial of application for disability and disability insurance benefits.