May 30, 2023, opinions

Posted on by tadbartlett

Designated for publication

  • Khan v. Garland, 21-60146, petition for review of BIA order
    • Graves, J. (Graves, Ho, Duncan), Ho, J., concurring; immigration
    • Denying Cambodian citizen’s petition for review of BIA order affirming IJ’s finding that he is removable for having been convicted of an aggravated felony. The Court held “that Khan’s conviction under 18 Pa. Cons. Stat. § 3925(a) constitutes receipt of stolen property, and thus is an aggravated felony for purposes of the Immigration and Nationality Act.”
    • Judge Ho concurred, in order to opine that the word “alien” should not be replaced in judicial decisions by the word “non-citizen,” discussing his own pride in his own immigration journey, including his initial designation as an “alien” and assignment of an alien registration number.
  • Janvey v. GMAG, L.L.C., 22-10235, c/w Securities and Exchange Commission v. GMAG, L.L.C., 22-10429, appeal from N.D. Tex.
    • Southwick, J. (Stewart, Dennis, Southwick), receivership
    • Affirming the district court’s denial of motions for set-off of $79 million by an investor in the Stanford ponzi scheme, from an order that the receiver recover loans to the investor in that amount. The Court held that the investor failed to timely make his claim for set-off, thus waiving the right.

Unpublished

  • U.S. v. Olivo, 21-50777, appeal from W.D. Tex.
    • per curiam (Davis, Duncan, Engelhardt), criminal, sentencing
    • Affirming 37-month sentence on conviction of conspiracy to transport illegal aliens resulting in serious bodily injury or placing lives in jeopardy.
  • U.S. v. McBryde, 22-10485, appeal from N.D. Tex.
    • per curiam (Wiener, Elrod, Engelhardt), criminal
    • Affirming conviction of possession of child pornography involving a prepubescent minor.
  • U.S. v. Ortez, 22-10833, appeal from N.D. Tex.
    • per curiam (Smith, Elrod, Southwick), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Leamon, 22-10998, appeal from N.D. Tex.
    • per curiam (King, Higginson, Willett), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • S.B. v. Jefferson Parish School Board, 22-30139, appeal from E.D. La.
    • per curiam (Jolly, Haynes, Graves), Americans with Disabilities Act, § 1983, Individuals with Disabilities Education Act
    • Affirming dismissal of ADA, IDEA, and § 1983 claims arising from corporal punishment.
  • Prescott v. Johnson, 22-40255, appeal from E.D. Tex.
    • per curiam (Smith, Southwick, Graves), prisoner suit
    • Affirming dismissal of Texas state prisoner’s § 1983 and ADA claims.
  • U.S. v. Hernandez-Perez, 22-40777, appeal from S.D. Tex.
    • per curiam (Jones, Stewart, Duncan), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Macias-Ramirez, 22-50789, c/w 22-50816, appeal from W.D. Tex.
    • per curiam (Davis, Smith, Douglas), criminal, sentencing
    • Affirming conviction and sentence for illegal reentry, and revocation of supervised release.
  • U.S. v. Metzler, 22-50790, appeal from W.D. Tex.
    • per curiam (Wiener, Elrod, Engelhardt), criminal, supervised release
    • Affirming supervised release term that, if probation officer determines that defendant presents a risk to another person, the officer may require defendant to notify the person of that risk.
  • U.S. v. Sanchez-Ventura, 22-50965, appeal from W.D. Tex.
    • per curiam (Higginbotham, Graves, Ho), criminal, sentencing
    • Affirming conviction and sentence for illegal reentry.
  • Silva v. Kijakazi, 22-51045, appeal from W.D. Tex.
    • per curiam (Clement, Southwick, Engelhardt), social security
    • Affirming denial of disability benefits.
  • Ellis v. Garza-Lopez, 23-10022, appeal from N.D. Tex.
    • per curiam (Smith, Southwick, Douglas), qualified immunity
    • Affirming dismissal of claims arising from detention and search, on basis of qualified immunity.