May 4, 2023, opinions

Posted on by tadbartlett

Designated for publication

  • Zamaro-Silvero v. Garland, 21-60324, petition for review of BIA order
    • Smith, J. (Smith, Clement, Wilson), immigration
    • Granting motion to clarify and amend, withdrawing prior opinion and substituting new one, granting Mexican citizen’s petition for review of BIA order denying cancellation of removal and voluntary departure, vacating BIA order, and remanding for determination of whether petitioner’s conviction for a hit-and-run was a “crime involving moral turpitude.”
    • The Court held that the BIA must apply the categorical approach to the relevant section of the Texas Transportation Code, to determine whether the minimum conduct prohibited by the statute constitutes a CIMT, such that “Zamaro-Silverio’s deportability hinges on whether failure to share information is a CIMT.”
  • U.S. v. Valencia, 22-50283, appeal from W.D. Tex.
    • per curiam (King, Higginson, Willett), criminal, sentencing, Armed Career Criminal Act
    • Affirming 235-month sentence on conviction of possession of a firearm by a felon, holding that defendant’s argument that the different-occasions requirement as to the precursor violent felonies must be charged in the indictment was foreclosed under the rule of orderliness by Circuit precedent. The Court held that the Government’s agreement with the defendant could not overcome the rule of orderliness, and that the Supreme Court’s decision in Wooden v. United States, 142 S. Ct. 1063 (2022), was not directly on point and therefore did not alter the binding Circuit precedent.

Unpublished

  • Pinkston v. Kuiper, 21-60320, appeal from N.D. Miss.
    • per curiam (Higginbotham, Jones, Oldham), prisoner suit
    • Reversing district court’s judgment in favor of prisoner on his claims that doctor’s ordering of medication for the prisoner violated his due process rights.
  • U.S. v. McDaniel, 22-10552, appeal from N.D. Tex.
    • Higginson, J. (Graves, Higginson, Douglas), criminal, sentencing
    • Affirming denial without a hearing of defendant’s motion to modify terms of supervised release.
  • U.S. v. Torres-Diaz, 22-10939, appeal from N.D. Tex.
    • per curiam (Stewart, Duncan, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Rehman, 22-20275, appeal from S.D. Tex.
    • per curiam (Smith, Southwick, Douglas), criminal, sentencing
    • Affirming conviction and sentence for possession of a firearm by an alien and misrepresentation of citizenship.
  • Sanchez v. U.S. Immigration Department, 22-20530, appeal from S.D. Tex.
    • per curiam (Clement, Southwick, Higginson), habeas corpus
    • Dismissing as frivolous appeal from denial of § 2241 petition.
  • Woods v. Wiley, 22-30401, appeal from W.D. La.
    • per curiam (King, Higginson, Willett), Bivens claim
    • Affirming dismissal of Bivens claim.
  • U.S. v. Addison, 22-30755, appeal from E.D. La.
    • per curiam (Stewart, Duncan, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Olvera, 22-40094, appeal from S.D. Tex.
    • per curiam (Smith, Southwick, Douglas), criminal, sentencing
    • Affirming 120-month sentence on conviction of possession with intent to distribute marijuana.
  • Vela v. Presley, 22-40484, appeal from S.D. Tex.
    • per curiam (Wiener, Elrod, Engelhardt), Bivens claim
    • Affirming dismissal of plaintiff’s Bivens claims.
  • U.S. v. Cruz, 22-40494, appeal from E.D. Tex.
    • per curiam (King, Higginson, Willett), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Escalera, 22-40669, appeal from S.D. Tex.
    • per curiam (Jones, Haynes, Oldham), criminal, sentencing
    • Affirming 60-month sentence on conviction of conspiracy to possess with intent to distribute 100 grams or more of heroin and possession with intent to distribute 100 grams or more of heroin.
  • U.S. v. Bolanos-Escamilla, 22-40724, appeal from S.D. Tex.
    • per curiam (Smith, Southwick, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Robles-Aguilar, 22-40776, appeal from S.D. Tex.
    • per curiam (Jolly, Jones, Ho), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Harris v. Watson, 22-50579, appeal from W.D. Tex.
    • per curiam (Jones, Haynes, Oldham), § 1983
    • Affirming dismissal of plaintiff’s § 1983 claims arising from arrest.
  • U.S. v. Johnson, 22-50851, appeal from W.D. Tex.
    • per curiam (Wiener, Elrod, Engelhardt), criminal, sentencing
    • Affirming 41-month sentence on conviction of being a felon in possession of a firearm.
  • U.S. v. Flores-Salcido, 22-50902, c/w 22-50903, appeal from W.D. Tex.
    • per curiam (Higginbotham, Graves, Ho), criminal, sentencing
    • Affirming 6-month sentence on conviction of illegal reentry.
  • U.S. v. Quinonez-Quinonez, 22-51072, c/w 22-51079, appeal from W.D. Tex.
    • per curiam (Jones, Haynes, Oldham), criminal, sentencing
    • Affirming conviction and sentence for illegal reentry.
  • Harth v. Golliday, 22-60296, appeal from N.D. Miss.
    • per curiam (Jones, Haynes, Oldham), § 1983
    • Dismissing for lack of jurisdiction appeal from magistrate’s ruling where the consent of the parties had not been given to the magistrate to fully preside over the case.
  • U.S. v. Brown, 22-60354, appeal from S.D. Miss.
    • per curiam (Jones, Haynes, Oldham), criminal, sentencing
    • Affirming 240-month sentence on conviction of conspiring to possess with intent to distribute a mixture or substance containing a detectable amount of heroin and a mixture or substance containing a detectable amount of methamphetamine.
  • Brooks v. Garland, 22-60364, petition for review of BIA order
    • per curiam (King, Higginson, Willett), immigration
    • Denying Nigerian citizen’s petition for review of BIA order denying her application for waiver of the requirement to file a joint petition for removal of conditions and ordering her removed.
  • Argeta-Ciera v. Garland, 22-60463, petition for review of BIA order
    • per curiam (Davis, Higginson, Douglas), immigration
    • Dismissing Salvadoran citizen’s petition for review of BIA order dismissing his appeal from the immigration judge denial of his application for cancellation of removal.
  • Gevorgyan v. Garland, 22-60536, petition for review of BIA order
    • per curiam (Jones, Haynes, Oldham), immigration
    • Denying Azerbaijani citizen’s petition for review of BIA order denying his motion to reopen based on changed country conditions.