April 4, 2023, opinions

Designated for publication

  • Elldakli v. Garland, 22-20344, appeal from S.D. Tex.
    • Smith, J. (Higginbotham, Smith, Engelhardt), Higginbotham, J., concurring; immigration
    • Affirming dismissal for lack of jurisdiction, holding that status-adjustment decisions made by the USCIS outside the context of removal proceedings are not final agency actions reviewable under the Administrative Procedure Act, nor are they final removal actions reviewable per the Immigration and Nationality Act.”
    • Judge Higginbotham concurred. He would hold that there is a final decision for APA purposes, but that the INA’s jurisdiction-stripping provisions are what deny jurisdiction to the courts.
  • Cactus Canyon Quarries, Inc. v. Federal Mine Safety & Health Review Commission, 22-60322, petition for review of Federal Mine Safety & Health Review Commission decision
    • per curiam (Wiener, Stewart, Engelhardt), occupational safety
    • Denying petition for review of ALJ decision upholding MSHA citation and $123 fine that included a malfunctioning brake pressure warning as part of the braking system.


  • Chavez v. Garland, 21-60525, petition for review of BIA order
    • per curiam (Richman, Duncan, Oldham), immigration
    • Denying Honduran citizen’s petition for review of BIA order affirming IJ’s order denying withholding of removal.
  • U.S. v. Coleman, 22-20513, appeal from S.D. Tex.
    • per curiam (Smith, Southwick, Douglas), criminal, sentencing
    • Affirming 57-month sentence on conviction of being a felon in possession of a firearm, but vacating and remanding for limited purpose of conforming written supervised release terms to those orally pronounced at sentencing.
  • Acosta v. Denka Performance Elastomer, L.L.C., 22-30570, appeal from E.D. La.
    • per curiam (Elrod, Ho, Oldham), toxic tort
    • Affirming dismissal of negligence and premises liability claims arising from emissions of carcinogenic chloroprene into neighborhood.
  • Burrage v. Lee County Adult Jail, 22-60464, appeal from N.D. Miss.
    • per curiam (Jones, Haynes, Oldham), prisoner suit
    • Affirming dismissal of state inmate’s claims of failure to protect him from inmate-on-inmate violence.
  • Hernandez-Murillo v. Garland, 22-60487, 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 dismissing appeal of IJ’s denial of asylum, withholding of removal, and protection under the CAT.