September 23, 2022, opinions

Posted on by tadbartlett

Designated for publication

  • U.S. v. Malagerio, 21-10729, appeal from N.D. Tex.
    • Smith, J. (Smith, Clement, Haynes), criminal, search and seizure
    • Affirming conviction of illegal possession of firearms by an illegal alien, and upholding denial of motion to suppress statement and weapons found in search of trailer after officers served an administrative warrant on defendant.
    • The Court held there was no clear error in the district court’s finding that the defendant was not arrested in his home or the curtilage of his home, which rendered his arrest pursuant to the administrative warrant did not trigger the exclusionary rule. “It follows that we need not decide whether an administrative warrant may be used to arrest an alien in his home. We leave that important question for another day.”
    • The Court held there was no plain error in the district court’s finding that the defendant voluntarily consented to the search of his trailer.

Unpublished

  • Mobley v. Vine, 21-40814, appeal from E.D. Tex.
    • per curiam (Higginbotham, Graves, Ho), prisoner suit
    • Affirming 12(b)(6) dismissal of prisoner’s § 1983 suit.
  • U.S. v. Williams, 21-51207, appeal from W.D. Tex.
    • per curiam (Higginbotham, Graves, Ho), criminal, sentencing
    • Affirming 51-month sentence on conviction of importation of 50 grams or more of methamphetamine.
  • Chhetri v. Garland, 21-60298, petition for review of BIA order
    • per curiam (Smith, Elrod, Southwick), immigration
    • Denying in part and dismissing in part Nepali citizen’s petition for review of BIA order dismissing his appeal of an IJ’s decision that he was not entitled to asylum or withholding of removal.
  • Chowdhury v. Garland, 21-60815, petition for review of BIA order
    • per curiam (Richman, Duncan, Oldham), immigration
    • Denying in part and dismissing in part petition for review of BIA order dismissing appeal of IJ’s order denying application of asylum, withholding of removal, and protection under the CAT.
  • U.S. v. Ayala, 22-10200, appeal from N.D. Tex.
    • per curiam (Wiener, Elrod, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Hernandez, 22-10400, appeal from N.D. Tex.
    • per curiam (Higginbotham, Graves, Ho), criminal, compassionate release
    • Affirming denial of motion for compassionate release.
  • U.S. v. Cardenas-Ramirez, 22-10404, appeal from N.D. Tex.
    • per curiam (Smith, Dennis, Southwick), criminal, sentencing
    • Granting summary affirmance of sentence on conviction of illegal reentry.
  • U.S. v. Gonzalez-Alvarez, 22-40123, appeal from S.D. Tex.
    • per curiam (Stewart, Duncan, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Witcher v. LaSalle Corrections, 22-40259, appeal from E.D. Tex.
    • per curiam (Stewart, Dennis, Willett), prisoner suit
    • Dismissing as frivolous appeal from dismissal of § 1983 suit.
  • U.S. v. Mora-Mendez, 22-50436, appeal from N.D. Tex.
    • per curiam (Higginbotham, Graves, Ho), criminal, sentencing
    • Affirming conviction and sentence for illegal reentry.