November 18-19, 2024, opinions

Posted on by tadbartlett

Designated for publication

  • Jones v. Reeves, 24-60371, appeal from S.D. Miss.
    • Jones, J. (Jones, Willett, Engelhardt), standing, Equal Protection
    • Vacating district court order compelling state legislator defendants to produce discovery responses in suit brought by members of municipal airport authority to enjoin enforcement of law abolishing the airport authority and creating a new metropolitan airport authority with fewer members appointed by the Jackson city government; and remanding to the district court to dismiss the suit on the basis of lack of Article III standing by the members of the municipal airport authority. “Groundhog Day has come to an end.”
    • The Court held that the asserted injury is not personal to the members of the municipal airport authority, but “institutional to the core,” and that the plaintiffs also cannot show injury from loss of per diem payments or travel reimbursements. “[T]he Plaintiffs receive no other monetary benefits of employment status, like insurance or retirement compensation, and these minimal payments are not a formal salary. They do not transform purely political appointments to volunteer positions into an employer-employee relationship. The Plaintiffs have no protected property interest in their appointments, nor in the perks that might accompany those appointments.”

Unpublished

  • U.S. v. Solis-Ortiz, 24-10399, appeal from N.D. Tex.
    • per curiam (Haynes, Higginson, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Scott, 24-10475, appeal from N.D. Tex.
    • per curiam (Graves, Willett, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Laday, 24-30367, appeal from W.D. La.
    • per curiam (Haynes, Higginson, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Hernandez-Castro, 24-40333, appeal from S.D. Tex.
    • per curiam (Smith, Stewart, Duncan), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Perez, 24-50027, appeal from W.D. Tex.
    • per curiam (Barksdale, Haynes, Wilson), criminal, sentencing
    • Affirming 60-month sentence on conviction of escape from federal custody.
  • Aruanda-Sotero v. Garland, 24-60187, petition for review of BIA order
    • per curiam (Wiener, Ho, Ramirez), immigration
    • Denying Brazilian citizen’s petition for review of BIA order denying his motion for reopening and reconsideration.
  • Ixtos-Sac v. Garland, 24-60286, petition for review of BIA order
    • per curiam (Barksdale, Stewart, Ramirez), immigration
    • Denying Guatemalan citizen’s petition for review of BIA order dismissing his appeal from an order of the immigration judge denying his application for cancellation of removal.