Fifth Circuit again a disproportionate constituent of the Supreme Court’s docket

As of October 4, 2024, 9 of the 32 cases that the U.S. Supreme Court has granted certiorari for hearing in the October 2024 Term come out of the Fifth Circuit. That’s 28% of the Supreme Court’s docket this year, so far, even though the Fifth is only one of thirteen federal circuits (not to … More Fifth Circuit again a disproportionate constituent of the Supreme Court’s docket

A new Chief Judge

The U.S. Fifth Circuit Court of Appeals has announced that, effective today, Judge Jennifer Elrod is elevated to the position of Chief Judge, succeeding Judge Priscilla Richman in that post. Judge Richman had served as Chief Judge since 2019. Here is the full press release from the Court:

October 3, 2024, opinions

Designated for publication 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 … More October 3, 2024, opinions

October 2, 2024, opinions

Unpublished per curiam (King, Southwick, Engelhardt), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Smith, Elrod, Graves), immigration Denying Mexican citizen’s petition for review of BIA dismissal of his appeal of an immigration judge’s denial of his application for cancellation of removal. per curiam (Graves, Willett, Wilson), criminal, compassionate release Affirming denial … More October 2, 2024, opinions

October 1, 2024, opinions

Designated for publication per curiam (judges voting against rehearing: Richman, Jones, Stewart, Southwick, Haynes, Graves, Higginson, Ho, Engelhardt, Wilson, Douglas, Ramirez; judges voting for rehearing: Smith, Elrod, Willett, Duncan, Oldham); Oldham, J., dissenting from denial of rehearing en banc (joined by Smith, Elrod, Willett, Duncan, JJ.); Fair Labor Standards Act, Motor Carrier Act, en banc … More October 1, 2024, opinions

Annual statistics: October 2023 – September 2024

At the end of each month, we tally various statistics from opinions released by the U.S. Court of Appeals for the Fifth Circuit. Then, corresponding to the traditional court term start date of October 1 (using the court term employed by the Supreme Court, though the Fifth Circuit itself compiles statistics on a July-to-June year), … More Annual statistics: October 2023 – September 2024

September 30, 2024, opinions

Designated for publication Wilson, J. (Wiener, Elrod, Wilson), Elrod, J., concurring; criminal, collateral estoppel Affirming denial of motion to dismiss criminal prosecution on collateral estoppel grounds, where government decided to retry defendant on bribery charges after Court of Appeals vacated first conviction for improper jury instruction and remanded. Court held that defendant failed to show … More September 30, 2024, opinions