October 7, 2022, opinions

Posted on by tadbartlett

Designated for publication

  • Ogle v. Morgan, 20-10908, appeal from N.D. Tex.
    • 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 for acquisition of a company that was the underlying subject of that settlement agreement, and remanding for further proceedings.
  • Guenther v. BP Retirement Accumulation Plan, 21-20617, appeal from S.D. Tex.
    • per curiam (King, Duncan, Engelhardt), intervention, class action
    • Affirming district court’s denial of motion to intervene by individual plaintiffs into class action arising from BP’s administration of pension plan.

Unpublished

  • Rivera-Flores v. Garland, 20-60315, petition for review of BIA order
    • per curiam (Graves, Willett, Engelhardt), immigration
    • Denial of Honduran citizen’s petition for review of BIA order dismissing appeal of IJ denial of application for asylum, withholding of removal, and protection under the CAT.
  • Perez-Hernandez v. Garland, 20-61136, petition for review of BIA order
    • per curiam (Southwick, Oldham, Wilson), immigration
    • Dismissing in part and denying in part Mexican citizen’s petition for review of BIA order denying motion to reopen.
  • W.S. v. Dallas Independent School District, 21-10849, appeal from N.D. Tex.
    • per curiam (King, Duncan, Engelhardt), Americans with Disabilities Act
    • Affirming dismissal of ADA and Rehabilitation Act claims for lack of jurisdiction on basis that plaintiff had failed to exhaust administrative remedies.
  • U.S. v. Rey, 21-40836, appeal from S.D. Tex.
    • per curiam (Higginbotham, Graves, Ho), criminal
    • Affirming conviction of possession with intent to distribute 50 grams or more of methamphetamine, rejecting argument that district court erred in failing to order a second competency hearing.
  • U.S. v. Aguero-Neave, 22-10135, appeal from N.D. Tex.
    • per curiam (Higginbotham, Graves, Ho), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Contreras-Flores, 22-50129, appeal from W.D. Tex.
    • per curiam (Jolly, Jones, Ho), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Jarrow v. Nunnery, 22-50153, appeal from W.D. Tex.
    • per curiam (Stewart, Duncan, Wilson), prisoner suit
    • Affirming dismissal of prisoner’s sec. 1983 suit.
  • U.S. v. Ruth, 22-50784, appeal from W.D. Tex.
    • per curiam (Stewart, Duncan, Wilson), criminal, pretrial detention
    • Affirming denial of objection to order of pretrial detention.