Take the Fifth

Designated for publication

• Kumar v. Garland, 20-60712, petition for review of BIA order
  • Southwick, J. (Jones, Southwick, Oldham), immigration
  • Dismissing in part and denying in part Indian citizen’s petition for review of BIA order dismissing appeal of IJ’s denials of his claims for asylum, withholding of removal, and protection under the Convention Against Torture.
  • The Court held that several of the petitioner’s claims of procedural defects in the BIA order were unexhausted because he did not sufficiently present them to the BIA for its review.
  • The Court held that evidence of two beatings, including hospitalization for one, and threats that the ruling party’s members would kill him the next time they found him, did “not compel a contrary conclusion” to that reached by the IJ and BIA “that the harm endured amounts to persecution.” The Court also held that evidence of India’s national identification system was insufficient to show that he could not safely relocate within India.

• U.S. v. Walker, 21-20385, appeal from S.D. Tex.
  • Southwick, J. (King, Elrod, Southwick), criminal, search and seizure
  • Affirming conviction of being a felon in possession of a firearm, and upholding district court’s denial of motion to suppress firearm and cell phone discovered in car, as well as statement made to officers.
  • The Court held that the arresting officers had reasonable suspicion to initiate the traffic stop after witnessing the defendant make two traffic violations.
  • The Court held there was no evidence in the record to show hat the arresting officers were objectively unreasonable in relying on outstanding warrants reported in computer records they consulted in determining whether to make an arrest after the traffic stop.
  • The Court held that, regardless of any otherwise valid reasons to suppress evidence, the cell phone and gun would inevitably would have been discovered through lawful means.

• June Medical Services, L.L.C. v. Phillips, 22-30425, appeal from M.D. La.
  • Jolly, J. (Jolly, Dennis, Higginson), appellate jurisdiction, abortion law
  • Dismissing appeal from district court’s denials of motions to vacate permanent injunction of Louisiana’s admitting-privileges law in the wake of Dobbs, and to reconsider denial of the motion to vacate, for lack of appellate jurisdiction.
  • The Court held, “In the first order, the district court stated that it would not grant the State the requested relief but would ‘take up [this] issue after full briefing … in compliance with and within the deadlines established.’ In our view, this order constitutes an administrative decision by the district court to manage its docket.”
  • The Court held that the district court’s orders did not touch the merits of the controversy; and also denied mandamus relief.

Unpublished

• U.S. v. Gutierrez-Virrueta, 18-20744, appeal from S.D. Tex.
  • per curiam (Richman, Davis, Dennis), criminal, mootness
  • Dismissing appeal as moot where defendant challenged supervised release condition after term of supervised release was complete.

• BlueStar Cabinets, Inc. v. Jaddou, 21-10116, appeal from N.D. Tex.
  • per curiam (Richman, Clement, Duncan), immigration
  • Affirming district court’s judgment that the U.S. Citizenship and Immigration Services was not arbitrary and capricious in denying BlueStar’s L-1A visa petition for its CEO.

• U.S. v. Weldon, 21-30474, appeal from E.D. La.
  • per curiam (King, Duncan, Engelhardt), criminal, sentencing, sufficiency of evidence, 404(b)
  • Affirming co-defendants’ convictions arising from involvement in series of armed robberies; but vacating one defendant’s sentence and remanding for resentencing.

• U.S. v. Rodonaia, 21-40510, appeal from E.D. Tex.
  • per curiam (Jolly, Dennis, Higginson), criminal, sufficiency of evidence, sentencing
  • Affirming 84-month sentence and convictions of 12 counts of health care fraud, three counts of aggravated identity theft, one count of making a false statement related to health care matters, and two counts of illegal remuneration involving a federal health care program.

• U.S. v. Garcia, 21-51104, appeal from W.D. Tex.
  • per curiam (Wiener, Elrod, Engelhardt), criminal
  • Granting Anders motion to withdraw, and dismissing appeal.