Take the Fifth

Designated for publication

• Luna v. Davis, 21-50578, appeal from W.D. Tex.
  • per curiam (Richman, King, Higginson), prisoner suit, Eighth Amendment, qualified immunity
  • Reversing in part, affirming in part, and remanding from district court’s summary judgment dismissal of Texas state inmate’s pro se First and Eighth Amendment claims against officials at the Texas Department of Criminal Justice arising out of a housing transfer and subsequent physical altercation. Plaintiff alleged that a prison official had transferred him back to boot camp housing, where he previously had been sexually and physically assaulted , knowing that he would be placed in danger of further assault, and that he was again assaulted the same day of his transfer back to boot camp.
  • The Court held that the plaintiff had raised a genuine issue of material fact on his failure-to-protect claim under the Eighth Amendment sufficient to survive the qualified immunity summary judgment filed by the prison official. The Court found that the plaintiff’s allegations of deliberate indifference were not conclusory.
  • Because the plaintiff did not brief is appeal from the dismissal of his First Amendment claim, the Court affirmed that portion of the district court’s judgment.

• Mohndamenang v. Garland, 21-60380, petition for review of BIA order
  • per curiam (Jones, Smith, Graves), Graves, J., concurring in judgment, immigration
  • Denying Cameroonian citizen’s petition for review of BIA order affirming the IJ’s denial of his application for asylum, withholding of removal, and protection under the Convention Against Torture.
  • The Court held that the IJ did not err procedurally in holding that the petitioner’s credible testimony needed to be corroborated by affidavits from people who had been present at his alleged beatings, without giving the petitioner a chance to explain why such evidence was not reasonably available.
  • The Court held that, under its deferential standard of review, it could not find error in the IJ’s determination that there was insufficient corroboration for his testimony.
  • The Court likewise rejected the petitioner’s arguments regarding entitlement to protection under the CAT due to a finding of lack of corroborating evidence.
  • Judge Graves concurred in the judgment; he would have found that the procedures regarding findings of corroborating evidence should have been satisfied under the category for a glaring absence of corroborating evidence such that no explicit opportunity to explain the absence needed to be given.

Unpublished

• Securities and Exchange Commission v. Voight, 21-20511, appeal from S.D. Tex.
  • per curiam (Elrod, Haynes, Willett), securities law
  • Affirming remedies ordered by district court in civil enforcement proceedings arising from appellant’s role in Ponzi schemes that defrauded investors of tens of millions of dollars.

• U.S. v. Balagia, 21-40366, appeal from E.D. Tex.
  • per curiam (Elrod, Haynes, Willett), criminal, sufficiency of evidence, sentencing
  • Affirming convictions and 188-month sentence against attorney for money-laundering conspiracy, obstruction of justice, willful violation of the Kingpin Act, wire-fraud conspiracy, and conspiracy to obstruct justice.

• U.S. v. Hines, 22-10712, appeal from N.D. Tex.
  • per curiam (Stewart, Dennis, Willett), criminal
  • Granting Anders motion to withdraw, and dismissing appeal.

• U.S. v. Keith, 22-10790, appeal from N.D. Tex.
  • per curiam (Smith, Southwick, Douglas), criminal
  • Granting Anders motion to withdraw, and dismissing appeal.

• Askew v. U.S., 22-10914, appeal from N.D. Tex.
  • per curiam (King, Higginson, Willett), sovereign citizen
  • Dismissing as frivolous appeal from dismissal of plaintiff’s “sovereign citizen” suit.

• Morris v. State of Texas, 22-20348, appeal from S.D. Tex.
  • per curiam (King, Higginson, Willett), § 1983
  • Affirming dismissal of plaintiff’s § 1983 complaint that his First and Fourteenth Amendment rights were violated by partisan gerrymandering and dishonest media coverage.

• U.S. v. Cooksey, 22-30083, appeal from W.D. La.
  • per curiam (Graves, Ho, Duncan), criminal, sentencing, restitution
  • Affirming conviction, 24-month sentence, and $547,043 restitution award for filing false tax returns.

• U.S. v. Estrada-Rodriguez, 22-40055, appeal from S.D. Tex.
  • per curiam (Wiener, Elrod, Engelhardt), criminal
  • Affirming conviction for illegal reentry.

• U.S. v. Castellanos-Salamanca, 22-40401, appeal from S.D. Tex.
  • per curiam (King, Higginson, Willett), criminal
  • Granting Anders motion to withdraw, and dismissing appeal.

• U.S. v. Jacobs, 22-40514, appeal from E.D. Tex.
  • per curiam (Stewart, Willett, Douglas), habeas corpus
  • Vacating denial of motion to reconsider dismissal of § 2255 petition, and remanding for further consideration.

• U.S. v. Ballantine, 22-50311, appeal from W.D. Tex.
  • per curiam (Stewart, Dennis, Willett), criminal
  • Granting Anders motion to withdraw, and dismissing appeal.

• U.S. v. Watson, 22-50322, appeal from W.D. Tex.
  • per curiam (Smith, Southwick, Douglas), criminal, sentencing
  • Affirming 60-month sentence on revocation of supervised release.

• U.S. v. Chairez-Avila, 22-50624, c/w 22-50629, appeal from W.D. Tex.
  • per curiam (Stewart, Dennis, Willett), criminal, sentencing
  • Affirming conviction and sentence for illegal reentry and revocation of supervised release.

• Flores-Alvarez v. Garland, 22-60137, petition for review of BIA order
  • per curiam (Barksdale, Elrod, Haynes), immigration
  • Denying Mexican citizen’s petition for review of BIA order dismissing appeal from IJ’s denial of application for cancellation of removal.

• Luvena v. Garland, 22-60229, petition for review of BIA order
  • per curiam (Davis, Duncan, Engelhardt), immigration
  • Dismissing in part and denying in part Tanzanian citizen’s petition for review of BIA order dismissing appeal from IJ’s denial of applications for asylum, withholding of removal, protection under the CAT, and cancellation of removal.