Designated for publication 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 … More May 4, 2023, opinions
Designated for publication Higginson, J. (Clement, Graves, Higginson), breach of contract, mootness Affirming district court’s affirmance of bankruptcy court’s denial of motion to assume an executory contract, upholding finding that there was insufficient evidence in the record to show that, under Texas law, there was sufficient identification of the property or an offer or acceptance … More May 3, 2023, opinions
Designated for publication Elrod, J. (Elrod, Ho, Wilson), immigration Dismissing Mexican citizen’s petition for review of BIA order denying cancellation of removal on the basis of hardship to his family. The Court held that it did not have jurisdiction to review a hardship determination. Unpublished per curiam (Ho, Oldham, Douglas), habeas corpus Dismissing for lack … More May 2, 2023, opinions
Designated for publication Engelhardt, J. (Higginbotham, Smith, Engelhardt), venue, insurance, forum selection clause Affirming dismissal without prejudice of plaintiff’s coverage suit for forum non conveniens, on basis that parties’ insurance policy contained an enforceable forum-selection clause requiring litigation in the courts of England and Wales with no return-jurisdiction clause required. Holding that it should apply … More May 1, 2023, opinions
We report after each month on interesting statistics from the data we generate from the daily opinion summaries from the U.S. Court of Appeals for the Fifth Circuit, and at the end of each court year (Oct.-Sept.) we will aggregate that–all of which provides useful insights into the inner workings of the Court, the relative … More April 2023 opinion statistics
Designated for publication Smith, J. (Smith, Clement, Wilson), criminal, supervised release, sentencing Vacating sentences for revocation of supervised release, and rendering judgment accordingly. Defendant had originally been sentenced to 20 years imprisonment and 5 years’ supervised release for a conviction of being a felon in possession of a firearm. The district court then vacated the … More April 28, 2023, opinions
