October 3, 2024, opinions

Posted on by tadbartlett

Designated for publication

  • Nguyen v. Jaddou, 23-20597, appeal from S.D. Tex.
    • Ramirez, J. (Smith, Engelhardt, Ramirez), immigration
    • Affirming for lack of subject-matter jurisdiction plaintiff’s challenge to the U.S. Citizenship and Immigration Services’ revocation of its approval of his EB-3 visa petition.
    • The Court held that the USCIS’s revocation of the approval of the plaintiff’s I-140 petition was a discretionary decision not subject to judicial review.

Unpublished

  • Hodge v. Zimmerman, 23-11177, appeal from N.D. Tex.
    • per curiam (Smith, Stewart, Duncan), prisoner suit
    • Dismissing for lack of appellate jurisdiction an appeal from a magistrate judge’s denial of a motion for appointment of counsel or an investigator.
  • U.S. v. Roque-Munoz, 23-40043, appeal from S.D. Tex.
    • per curiam (Graves, Willett, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Martinez, 24-10337, appeal from N.D. Tex.
    • per curiam (Wiener, Ho, Ramirez), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. John, 24-40039, appeal from E.D. Tex.
    • per curiam (Smith, Stewart, Duncan), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Lerma-Garcia, 24-40147, appeal from S.D. Tex.
    • per curiam (Graves, Willett, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Rivera, 24-40159, appeal from S.D. Tex.
    • per curiam (King, Southwick, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Silva-Chavira, 24-50028, appeal from W.D. Tex.
    • per curiam (Haynes, Higginson, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Vasquez v. O’Malley, 24-50233, appeal from W.D. Tex.
    • per curiam (Davis, Stewart, Southwick), social security
    • Affirming decision that plaintiff is not entitled to disability benefits.
  • U.S. v. Scott, 24-60101, appeal from N.D. Miss.
    • per curiam (Smith, Stewart, Duncan), criminal, sentencing
    • Affirming 96-month sentence on conviction of assault of a federal employee.
  • U.S. v. Baker, 24-60195, appeal from S.D. Miss.
    • per curiam (Smith, Stewart, Duncan), criminal, sentencing
    • Affirming 24-month sentence on revocation of supervised release.