March 3-6, 2023, opinions

Posted on by tadbartlett

Designated for publication

  • Gonzalez v. Garland, 22-60091, petition for review of BIA order
    • per curiam (Wiener, Elrod, Engelhardt), immigration
    • Denying Mexican citizen’s petition for review of BIA order issuing a final order of removal after IJ’s decision that he was ineligible for asylum because of a conviction of Texas aggravated robbery.
    • Petitioner had been a lawful permanent resident of the U.S. since 2003. In 2014 he pleaded guilty to Texas aggravated robbery and was sentenced to eight years’ imprisonment.
    • Employing the categorical approach, the Court held that the Texas felony of aggravated robbery qualifies as an “aggravated felony” for purposes of being a removable offense.

Unpublished

  • Bohannan v. Redic, 20-40860, appeal from E.D. Tex.
    • per curiam (King, Higginson, Willett), prisoner suit
    • Affirming dismissal of Texas state prisoner’s § 1983 suit.
  • Ricks v. Warden FNU LNU, 21-50077, appeal from W.D. Tex.
    • per curiam (Stewart, Dennis, Willett), habeas corpus
    • Affirming dismissal of § 2241 petition.
  • Ocelotl-Flores v. Garland, 21-60013, petition for review of BIA order
    • per curiam (Higginbotham, Graves, Ho), immigration
    • Dismissing in part and denying in part Mexican citizen’s petition for review of BIA order dismissing appeal of IJ’s denial of motion to continue and application for cancellation of removal.
  • U.S. v. Williams, 22-10129, appeal from N.D. Tex.
    • per curiam (Higginbotham, Graves, Ho), criminal
    • Affirming conviction for receipt of a firearm while under indictment.
  • U.S. v. Barrientos, 22-10554, appeal from N.D. Tex.
    • per curiam (Stewart, Duncan, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Morrison, 22-10570, appeal from N.D. Tex.
    • per curiam (Smith, Southwick, Douglas), criminal
    • Affirming conviction of illegal receipt of a firearm by a person under indictment.
  • U.S. v. Williams, 22-10608, appeal from N.D. Tex.
    • per curiam (Higginbotham, Graves, Ho), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Harris, 22-10794, appeal from N.D. Tex.
    • per curiam (King, Higginson, Willett), criminal, sentencing
    • Affirming conviction and sentence on revocation of supervised release.
  • U.S. v. Alexander, 22-11041, appeal from N.D. Tex.
    • per curiam (Smith, Southwick, Douglas), criminal, First Step Act
    • Affirming denial of motion for further sentence reduction after initial sentence reduction under the First Step Act.
  • Hoang v. Microsemi Corp., 22-20004, appeal from S.D. Tex.
    • per curiam (Jones, Smith, Graves), Title VII, employment discrimination, Age Discrimination in Employment Act
    • Reversing summary judgment in favor of employer on age discrimination claims; affirming summary judgment dismissal of national-origin employment discrimination claims; and remanding for further proceedings.
  • U.S. v. Durham, 22-20057, appeal from S.D. Tex.
    • per curiam (Jolly, Haynes, Graves), criminal, search and seizure
    • Affirming conviction of attempt to possess with intent to distribute five kilograms or more of a mixture or substance containing a detectable amount of cocaine, upholding denial of motion to suppress.
  • U.S. v. Lewis, 22-30339, appeal from W.D. La.
    • per curiam (Higginbotham, Graves, Ho), criminal, sentencing
    • Affirming 120-month sentence on conviction of theft of firearms from a federal firearm licensee.
  • Williams v. Louisiana, 22-30385, appeal from W.D. La.
    • per curiam (Wiener, Stewart, Engelhardt), employment discrimination
    • Affirming dismissal of State from corrections officer’s employment discrimination claims.
  • Adams v. Columbia/HCA of New Orleans, Inc., 22-30389, appeal from E.D. La.
    • per curiam (Davis, Smith, Dennis), employment discrimination, Americans with Disabilities Act, Family and Medical Leave Act
    • Vacating summary judgment dismissal of FMLA discrimination claims; affirming summary judgment dismissal of ADA discrimination claims; and remanding for further proceedings.
  • Adams v. Lumpkin, 22-40362, appeal from E.D. Tex.
    • per curiam (Stewart, Duncan, Wilson), prisoner suit
    • Affirming dismissal of Texas state prisoner’s § 1983 suit.
  • U.S. v. Flores-Lopez, 22-40475, appeal from S.D. Tex.
    • per curiam (Stewart, Duncan, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Valle, 22-40502, appeal from S.D. Tex.
    • per curiam (Stewart, Duncan, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Riascos-Aspirilla, 22-40504, appeal from S.D. Tex.
    • per curiam (Smith, Southwick, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Majors, 22-40620, appeal from E.D. Tex.
    • per curiam (Stewart, Duncan, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Williams, 22-50130, appeal from W.D. Tex.
    • per curiam (King, Higginson, Willett), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Stubblefield, 22-50217, appeal from W.D. Tex.
    • per curiam (Smith, Southwick, Douglas), criminal, sentencing
    • Vacating 360-month sentence on conviction of conspiracy to distribute and to possess with intent to distribute methamphetamine, and remanding for further fact findings.
  • U.S. v. Melchor-Cortez, 22-50381, appeal from W.D. Tex.
    • per curiam (Stewart, Duncan, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Floyd, 22-50514, appeal from W.D. Tex.
    • per curiam (Stewart, Duncan, Wilson), criminal, sentencing
    • Affirming sentence on conviction of escape.
  • U.S. v. Mckissick, 22-50540, appeal from W.D. Tex.
    • per curiam (Smith, Southwick, Douglas), criminal, sentencing
    • Affirming 115-month sentence on conviction of possessing five grams or more of actual methamphetamine.
  • U.S. v. Manriquez-Gutierrez, 22-50791, c/w 22-50799, appeal from W.D. Tex.
    • per curiam (Stewart, Duncan, Wilson), criminal, sentencing
    • Affirming conviction and sentence for illegal reentry and revocation of supervised release.
  • Lena-Lopez v. Garland, 22-60316, petition for review of BIA order
    • per curiam (Stewart, Duncan, Wilson), immigration
    • Denying in part and dismissing in part Salvadoran citizen’s petition for review of BIA order denying motion to reopen removal proceedings and rescind in absentia removal order.
  • Vasquez v. Garland, 22-60369, petition for review of BIA order
    • per curiam (Smith, Southwick, Douglas), immigration
    • Dismissing in part and denying in part Mexican citizen’s petition for review of BIA order denying reconsideration of decision dismissing appeal from IJ’s order of removal.
  • Aguilar-Molina v. Garland, 22-60432, petition for review of BIA order
    • per curiam (Stewart, Duncan, Wilson), immigration
    • Denying in part and dismissing in part Honduran citizen’s petition for review of BIA order denying second motion to reopen and denying request for sua sponte reopening.
  • U.S. v. Street, 22-60582, appeal from S.D. Miss.
    • per curiam (Stewart, Duncan, Wilson), criminal, compassionate release
    • Affirming denial of motion for compassionate release.