April 9, 2024, opinions

Designated for publication

  • Cheejati v. Blinken, 23-40398, appeal from E.D. Tex.
    • Ramirez, J. (Richman, Oldham, Ramirez), immigration
    • Vacating judgment denying preliminary injunctive relief to nonimmigrants challenging the delay in processing their I-485 applications for adjustment of status from employment-based visas to lawful permanent residents, and remanding with instructions to dismiss for lack of subject-matter jurisdiction.
    • The Court held, under the Immigration and Naturalization Act, “that § 1252(a)(2)(B)(ii) prevents us from hearing a challenge to DOS’s and USCIS’s retrogression hold policies, as they are actions undertaken by the Attorney General and expressly left to his discretion under § 1255(a).”

Unpublished

  • U.S. v. Jones, 23-11021, appeal from N.D. Tex.
    • per curiam (King, Haynes, Graves), criminal, sentencing
    • Affirming 120-month sentence on conviction for bank robbery.
  • U.S. v. Zoffuto, 23-11123, appeal from N.D. Tex.
    • per curiam (Higginbotham, Stewart, Southwick), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Migdon v. 171 Holdings, L.L.C., 23-30281, appeal from W.D. La.
    • per curiam (King, Ho, Engelhardt), Equal Pay Act, Title VII, employment discrimination
    • Affirming summary judgment dismissal of sex-based pay discrimination claims.
  • U.S. v. Deem, 23-30419, appeal from W.D. La.
    • per curiam (King, Haynes, Graves), criminal, compassionate release
    • Affirming denial of motion for compassionate release.
  • U.S. v. Morales, 23-50277, appeal from W.D. Tex.
    • per curiam (Richman, Oldham, Ramirez), criminal
    • Affirming convictions related to their participation in a drug trafficking organization.
  • U.S. v. Grijalva, 23-50496, appeal from W.D. Tex.
    • per curiam (King, Haynes, Graves), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Blanks, 23-60544, appeal from S.D. Miss.
    • per curiam (Jones, Southwick, Ho), criminal, compassionate release
    • Affirming denial of motion for compassionate release.