March 4, 2024, opinions

Posted on by tadbartlett

Designated for publication

  • Membreno-Rodriguez v. Garland, 23-60022, petition for review of BIA order
    • per curiam (Jones, Dennis, Douglas), immigration
    • Denying Honduran citizen’s petition for review of BIA order denying motion to reopen removal proceedings for adjustment of status based on marriage to U.S. citizen.
    • The Court held that the petitioner was never previously validly admitted to the U.S. as a nonimmigrant because, while he had been paroled, parolees are not considered to have been admitted into the country.

Unpublished

  • U.S. v. Brown, 22-30678, appeal from W.D. La.
    • per curiam (Stewart, Duncan, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Salam, 23-10443, appeal from N.D. Tex.
    • per curiam (Jolly, Engelhardt, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Moore v. City of Dallas, 23-10566, appeal from N.D. Tex.
    • per curiam (Stewart, Duncan, Engelhardt), § 1983
    • Affirming dismissal of § 1983 claims arising from arrest and prosecution for possession of a child pornography.
  • U.S. v. Malik, 23-10610, appeal from N.D. Tex.
    • per curiam (Jolly, Higginson, Duncan), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Bell v. Morgan, 23-10941, appeal from N.D. Tex.
    • per curiam (Clement, Engelhardt, Ramirez), prisoner suit
    • Dismissing as frivolous Texas state prisoner’s appeal from dismissal of § 1983 claims.
  • U.S. v. Lee, 23-11001, appeal from N.D. Tex.
    • per curiam (Smith, Higginson, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Thanars-Robinson, 23-20296, appeal from S.D. Tex.
    • per curiam (Smith, Higginson, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Casarez, 23-20380, appeal from S.D. Tex.
    • per curiam (Higginbotham, Stewart, Southwick), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Nicholson v. W.L. York, Inc., 23-20440, appeal from S.D. Tex.
    • per curiam (Stewart, Duncan, Engelhardt), § 1981, timeliness
    • Affirming summary judgment dismissal of plaintiff’s claims for discriminatory hiring practices at adult entertainment venues, holding that the plaintiff’s claims were barred by the statute of limitations.
  • Bufkin Enterprises, L.L.C. v. Indian Harbor Insurance Co., 23-30171, appeal from W.D. La.
    • per curiam (Willett, Wilson, Ramirez), insurance, arbitration
    • Reversing district court’s denial of insurers’ motion to compel arbitration and stay the litigation, and remanding with instructions to stay and compel arbitration.
  • U.S. v. Knight, 23-30569, appeal from W.D. La.
    • per curiam (Willett, Duncan, Ramirez), criminal
    • Affirming conviction and 27-month sentence for interstate transmission of extortionate communication.
  • U.S. v. Anderson, 23-30622, appeal from W.D. La.
    • per curiam (King, Haynes, Graves), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Hadel v. Morris, 23-40475, appeal from S.D. Tex.
    • per curiam (Jones, Dennis, Douglas), maritime law
    • Dismissing for lack of appellate jurisdiction appeal from denial of 12(b)(6) motion in case arising from collision of two yachts.
  • Richardson v. State of Texas, 23-40526, appeal from E.D. Tex.
    • per curiam (Willett, Wilson, Ramirez), Voting Rights Act, election law, sovereign immunity
    • Affirming dismissal of plaintiff’s claims that Texas’s failure to reapportion Texas’s appellate court districts violated § 2 of the Voting Rights Act, holding that the plaintiff had waived appeal of district court’s determination that she lacked standing to bring claim and that sovereign immunity barred the plaintiff’s constitutional claims.
  • U.S. v. Huerta, 23-50469, appeal from W.D. Tex.
    • per curiam (King, Haynes, Graves), criminal, sentencing
    • Affirming 360-month sentence on conviction of possession of a firearm by a convicted felon and possession with intent to distribute 50 grams or more of actual methamphetamine.
  • U.S. v. State of Texas, 24-50149, appeal from W.D. Tex.
    • per curiam (Clement, Engelhardt, Ramirez), Clement, J. would not grant administrative stay; constitutional challenge
    • Granting administrative stay of district court’s injunction for seven days pending application to U.S. Supreme Court, ordering expedited oral argument, and deferring stay pending appeal to merits panel.