December 22, 2025, opinions

Posted on by tadbartlett

Designated for publication

  • Campuzano v. Bondi, 24-60575, petition for review of BIA order
    • Richman, J. (Smith, Dennis, Richman) (oral argument), immigration
    • Denying Mexican citizen’s petition for review of BIA’s order of removal.
    • The Fifth Circuit denied Campuzano’s petition for review of the Board of Immigration Appeals (BIA) challenging his removal order. Campuzano, a Mexican citizen and lawful permanent resident, was placed in removal proceedings after a Texas conviction for “Indecency with a Child Sexual Contact.” He argued that the immigration judge erred by admitting his conviction records because they were not authenticated under the specific statutory certification procedures in the Immigration and Nationality Act (INA) and DOJ Immigration Court Practice Manual, and that his conviction did not qualify as a “crime of child abuse” making him removable under the INA. The BIA had upheld the immigration judge’s rulings, and the Fifth Circuit agreed that the records were admissible even though they did not follow the particular statutory certification method, holding that the INA’s procedures are a safe harbor rather than mandatory or exclusive requirements for authentication.
    • On the substantive issue, the court applied the categorical approach to determine whether Campuzano’s Texas offense constitutes a removable “crime of child abuse.” It concluded that the Texas statute’s sexual-contact offense necessarily fits within the BIA’s broad definition of child abuse because it applies only to sexual contact with a child under 17, involves intent to arouse or gratify sexual desire, and constitutes maltreatment impairing a child’s well-being. The panel rejected Campuzano’s argument that the statute criminalizes only “offensive touching,” finding that “sexual contact” as defined involves actual harm and therefore categorically matches the federal definition of a removable offense.

Unpublished decisions

  • U.S. v. Wall, 25-10723, appeal from N.D. Tex.
    • per curiam (King, Haynes, Ho) (no oral argument), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Jackson, 25-30333, appeal from W.D. La.
    • per curiam (King, Haynes, Ho) (no oral argument), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Ricks v. Westcott, 25-30439, appeal from M.D. La.
    • per curiam (Southwick, Duncan, Engelhardt) (no oral argument), prisoner suit
    • Dismissing for lack of appellate jurisdiction Louisiana state prisoner’s appeal of magistrate judge’s denial of motion to proceed IFP on sec. 1983 claims.
  • Macias v. Perry, 25-40028, appeal from S.D. Tex.
    • per curiam (Haynes, Duncan, Ramirez) (no oral argument), sec. 1983
    • Affirming dismissal of plaintiffs’ claims arising from the death of their son.
  • U.S. v. Camacho, 25-40261, appeal from S.D. Tex.
    • per curiam (King, Haynes, Ho) (no oral argument), criminal, compassionate release
    • Remanding to district court to enter reasons for denial of motion for compassionate release.
  • Arriaga-Arriaga v. Bondi, 25-60250, petition for review of BIA order
    • per curiam (King, Haynes, Ho) (no oral argument), immigration
    • Denying Guatemalan citizen’s petition for review of BIA order dismissing his appeal from an order of an Immigration Judge (IJ) finding him not credible, ordering him removed, and denying his application for asylum, withholding of removal, and protection under the CAT.