Designated for publication per curiam (Richman, Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Willett, Duncan, Ho, Engelhardt, Oldham, Wilson); Ho, J., concurring in denial of rehearing; Jones, J., dissenting from denial of rehearing (joined by Smith, Duncan, JJ.); absolute immunity Denying rehearing en banc on a 7-9 vote, Judges Richman, Jones, Smith, Southwick, … More October 26-28, opinions
Designated for publication per curiam (Southwick, Higginson, Willett), immigration Denying Salvadoran citizens’ petition for review of BIA order affirming IJ’s denial of application for asylum and withholding of removal. The Court held that the record did not compel a contrary finding to the IJ’s finding that no factual nexus exists between the familial relationship alleged … More October 25, 2022, opinions
Unpublished per curiam (Haynes, Engelhardt, Oldham), Rooker-Feldman doctrine Dismissing as frivolous appeal from dismissal of RICO claims under the Rooker-Feldman doctrine. per curiam (Smith, Dennis, Southwick), criminal, compassionate release Affirming denial of motion for compassionate release. per curiam (Jolly, Oldham, Wilson), criminal, compassionate release Affirming denial of motion for compassionate release. per curiam (Jones, Haynes, … More October 24, 2022, opinions
Designated for publication per curiam (Richman, Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson); Haynes, J., dissenting from denial of rehearing en banc (joined by Stewart, Dennis, Graves, Higginson, JJ.); securities law, separation of powers On a 10-6 vote, denying en banc rehearing of May 18, 2022, panel … More October 21, 2022, opinions
Designated for publication Jolly, J. (Jolly, Willett, Oldham), Natural Gas Act Granting in part and denying in part BP’s petitions for review of FERC enforcement orders against BP that, in the wake of Hurricane Ike in 2008, BP exploited resulting chaos in the commodities markets to manipulate the natural gas market, which orders levied a … More October 20, 2022, opinions
Designated for publication Wilson, J. (Willett, Engelhardt, Wilson), separation of powers Affirming in part and reversing district court’s summary judgment in favor of the CFPB on plaintiffs’ challenge of CFPB’s 2017 Payday Lending Rule and constitutional challenge to CFPB’s structure, holding that “Congress’s decision to abdicate its appropriations power under the Constitution, i.e., to cede … More October 19, 2022, opinions
Unpublished per curiam (Elrod, Graves, Ho), prisoner suit Dismissing as frivolous appeal from dismissal of prisoner’s § 1983 claim. per curiam (Jolly, Jones, Ho), criminal, sentencing Affirming conviction and sentence for illegal reentry. per curiam (Davis, Smith, Dennis), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (King, Higginson, Willett), immigration Denying Ecuadoran … More October 18, 2022, opinions
Designated for publication Wilson, J. (Dennis, Southwick, Wilson), Dennis, J., dissenting in part; criminal, sufficiency of evidence, restitution, competence, severance, search and seizure, Brady violation Affirming in part, vacating in part, and remanding for further proceedings on convictions and sentences arising from RICO conspiracy, drug trafficking, firearms, and murder charges related to violent gang activity. … More October 11-17, 2022, opinions
Unpublished per curiam (Jones, Southwick, Ho), criminal, Batson challenge, sufficiency of evidence Affirming three defendants’ convictions on conspiracy, drug, and firearm charges. per curiam (Jones, Southwick, Ho), immigration Denying Mexican citizen’s petition for review of BIA order denying motions to reconsider and reopen. per curiam (Smith, Dennis, Southwick), immigration Denying in part and dismissing in … More October 10, 2022, opinions
Designated for publication Jones, J. (Jones, Southwick (Costa had been on panel but resigned before opinion released, so opinion is issued by a quorum of the panel)); bankruptcy Affirming dismissal of avoidance and recovery claims related to payments under a prior settlement agreement, but reversing dismissal of avoidance and recovery claims related to two payments … More October 7, 2022, opinions
