January 27, 2023, opinions

Posted on by tadbartlett

Designated for publication

  • Freedom From Religion Foundation, Inc. v. Abbott, 21-50469, appeal from W.D. Tex.
    • Elrod, J. (Richman, Higginbotham, Elrod), First Amendment, mootness
    • Vacating injunction ordering display submitted by the Freedom From Religion Foundation be displayed at the Texas State Capitol, because state had repealed altogether its Capitol Exhibit Rule that had allowed the display of submitted exhibits that met certain non-onerous requirements, such that there was no longer a public forum from which the plaintiff was being excluded by the removal of its exhibit.
    • The Court held, “According to these binding principles, we must conclude that this case is moot because the Foundation’s asserted injury was tied to the existence of the Capitol Exhibit Rule. That is, the Foundation argues that it was wrongfully excluded from displaying its exhibit in a limited public forum. And its injury necessarily parallels its requested relief. That is, the Foundation requests an injunction ordering the Defendants to display its exhibit in the forum. But the Board has closed the forum, ending the formal process whereby members of the public were entitled to apply to the Preservation Board for permission to display their exhibit in the Capitol.”
    • The Court held that the voluntary-cessation exception did not render the controversy un-moot. The Court held that government actors bear a lighter burden in proving that challenged conduct will not recur “because we presume that state actors, as public representatives, act in good faith.”
    • The Court held that the outstanding issue of attorneys’ fees did not act to make the underlying controversy still a live controversy; and it expressly did not rule as to which party was the “prevailing party” for fee purposes.

Unpublished

  • Lee v. Davis, 21-40783, appeal from E.D. Tex.
    • per curiam (Haynes, Engelhardt, Oldham), prisoner suit
    • Dismissing as frivolous appeal from dismissal of Texas state prisoner’s § 1983 claims.
  • U.S. v. Villasana-Guevara, 22-10539, appeal from N.D. Tex.
    • per curiam (Smith, Southwick, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Vigil, 22-10779, appeal from N.D. Tex.
    • per curiam (King, Higginson, Willett), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Lopez-Ovalle, 22-20219, appeal from S.D. Tex.
    • per curiam (King, Higginson, Willett), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Aguilar-Arechiga, 22-20277, appeal from S.D. Tex.
    • per curiam (Wiener, Elrod, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Singleton, 22-30800, appeal from W.D. La.
    • per curiam (Smith, Southwick, Douglas), criminal, pretrial detention
    • Affirming order of pretrial detention.
  • U.S. v. Lopez-Saens, 22-40279, appeal from S.D. Tex.
    • per curiam (Davis, Smith, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Dominguez v. Catoe, 22-40460, appeal from E.D. Tex.
    • per curiam (Clement, Southwick, Higginson), prisoner suit
    • Dismissing as frivolous appeal from dismissal of Texas state prisoner’s § 1983 action.
  • Dusengimana v. Garland, 22-60199, petition for review of BIA order
    • per curiam (Barksdale, Higginson, Ho), immigration
    • Denying Burundian citizen’s petition for review of BIA order dismissing appeal from IJ’s denial of applications for asylum, withholding of removal, and protection under the CAT.
  • U.S. v. Aviles-Aviles, 22-60331, appeal from S.D. Miss.
    • per curiam (Wiener, Elrod, Engelhardt), criminal, sentencing
    • Affirming 24-month sentence on conviction of illegal reentry.