November 28, 2022, opinions

Posted on by tadbartlett

Designated for publication

  • Hammerschmidt v. Garland, 21-60462, petition for review of BIA order
    • Haynes, J. (Smith, Barksdale, Haynes), immigration
    • Denying in part and dismissing in part Venezuelan citizen’s petition for review of BIA order denying application for withholding of removal, and protection under the Convention Against Torture.
    • The Court held that the petitioner’s conviction on one count of falsely seeking a tax refund of less than $3,000 could nevertheless be considered an aggravated felony where she was sentenced to restitution of $45,000 as jointly and severally liable with her husband. “[T]he restitution amount–not the single count to which the petitioner pled–established his conviction of an aggravated felony.”
    • Additionally, the Court held that it did not have jurisdiction to review the BIA’s finding that the felony was “particularly serious.”
    • The Court also held that the IJ’s adverse credibility finding was supported and that the denial of relief under the CAT was proper.

Unpublished

  • Fisher v. Saul, 21-11124, appeal from N.D. Tex.
    • per curiam (Jones, Haynes, Oldham), social security
    • Affirming dismissal of plaintiff’s suit seeking reinstatement of social security benefits while under home confinement.
  • Krieg v. Avant, 21-20514, appeal from S.D. Tex.
    • per curiam (Jones, Haynes, Oldham), prisoner suit
    • Affirming dismissal of Texas prisoner’s § 1983 claim.
  • Adams v. Fuller, 21-30770, appeal from W.D. La.
    • per curiam (Jones, Haynes, Oldham), prisoner suit
    • Affirming dismissal of Louisiana prisoner’s § 1983 claims.
  • Moreno v. Kwarting, 21-40904, appeal from S.D. Tex.
    • per curiam (Jones, Haynes, Oldham), prisoner suit
    • Dismissing as frivolous appeal from dismissal of Texas prisoner’s § 1983 suit.
  • U.S. v. Romana-Calderon, 21-50806, appeal from W.D. Tex.
    • per curiam (Smith, Barksdale, Haynes), criminal, sentencing
    • Affirming conviction and sentence for illegal reentry.
  • U.S. v. Rubio, 21-50886, appeal from W.D. Tex.
    • per curiam (Jones, Haynes, Oldham), criminal
    • Affirming conviction of conspiracy to distribute and possession with intent to distribute 50 or more grams of methamphetamine.
  • U.S. v. Patel, 22-10021, appeal from N.D. Tex.
    • per curiam (Graves, Willett, Engelhardt), criminal, sentencing
    • Affirming sentence on revocation of supervised release.
  • U.S. v. Vo, 22-10166, appeal from N.D. Tex.
    • per curiam (Jones, Haynes, Oldham), criminal, sentencing
    • Affirming 24-month sentence on revocation of supervised release.
  • U.S. v. Driver, 22-10207, appeal from N.D .Tex.
    • per curiam (Jones, Haynes, Oldham), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Ryan, L.L.C. v. U.S. Department of Interior, 22-10373, appeal from N.D. Tex.
    • per curiam (Clement, Southwick, Engelhardt), Freedom of Information Act
    • Vacating dismissal of plaintiff’s reverse-FOIA suit to block disclosure of allegedly confidential documents, and remanding for reconsideration in light of Food Marketing Institute v. Argus Leader Media, 139 S. Ct. 2356 (2019).
  • U.S. v. Araujo-Salgado, 22-20257, appeal from S.D. Tex.
    • per curiam (Jones, Haynes, Oldham), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Shater v. Shell Oil Co., 22-20289, appeal from S.D. Tex.
    • per curiam (Jones, Haynes, Oldham), Title VII, employment discrimination
    • Affirming summary judgment dismissing plaintiff’s employment discrimination claims.
  • U.S. v. Henderson, 22-30267, appeal from W.D. La.
    • per curiam (Jones, Haynes, Oldham), criminal, sentencing
    • Affirming 188-month sentence on conviction of enticement of a minor to engage in sexual activity.
  • U.S. v. Sanchez, 22-40133, appeal from S.D. Tex.
    • per curiam (Barksdale, Higginson, Ho), criminal, restitution
    • Affirming $10,000 in restitution to be divided among three minor victims of defendant’s sex crimes as compensation for future counseling.
  • U.S. v. Cruz-Cruz, 22-40171, appeal from S.D. Tex.
    • per curiam (Jolly, Oldham, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Perez-Gomez, 22-40265, appeal from E.D. Tex.
    • per curiam (Jones, Haynes, Oldham), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Perez-Barocela, 22-40471, appeal from S.D. Tex.
    • per curiam (Haynes, Engelhardt, Oldham), criminal, compassionate release
    • Dismissing as frivolous appeal from denial of motion for compassionate release.
  • U.S. v. Hernandez-Correa, 22-50416, appeal from W.D. Tex.
    • per curiam (Higginbotham, Graves, Ho), criminal, sentencing
    • Affirming conviction and 30-month sentence for illegal reentry.
  • Sheeti v. Garland, 22-60010, petition for review of BIA order
    • per curiam (Barksdale, Elrod, Haynes), immigration
    • Denying Jordanian citizen’s petition for review of BIA order denying application for asylum and rejecting claim that IJ denied her due process.
  • McDowell v. Reeves, 22-60295, appeal from S.D. Miss.
    • per curiam (Jones, Haynes, Oldham), § 1983
    • Dismissing as frivolous appeal from dismissal of suit.