September 18, 2025, opinions

September 19, 2025

Designated for publication Higginbotham, J. (Elrod, Higginbotham, Smith), qualified immunity On remand from the U.S. Supreme Court’s reversal and disabling of the Fifth Circuit’s “moment-of-threat” rule for analyzing a deadly force case, again affirming–this time under a reasonableness framework–the district court’s qualified immunity dismissal of a suit against a police officer who used deadly force … More September 18, 2025, opinions

September 17, 2025, opinions

September 18, 2025

Unpublished decisions per curiam (Stewart, Graves, Oldham), criminal, sentencing Affirming sentence on revocation of supervised release. per curiam (Stewart, Graves, Oldham), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Smith, Higginson, Wilson), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Stewart, Graves, Oldham), employment discrimination Affirming dismissal of plaintiff’s … More September 17, 2025, opinions

September 16, 2025, opinions

September 17, 2025

Designated for publication Duncan, J. (Dennis, Graves, Duncan), Dennis, J., dissenting; criminal, pretrial detention, immigration Affirming denial of motion for pretrial detention. The majority affirmed the district court’s denial of Celia Ignacia Esquivel-Bataz’s motion for pretrial release, rejecting her argument that the district court improperly relied on an immigration detainer to find her a flight … More September 16, 2025, opinions

September 15, 2025, opinions

September 16, 2025

Designated for publication Elrod, C.J. (Elrod, Duncan, Engelhardt), indemnity, maritime law Affirming that contract between plaintiff and defendant was not a “maritime contract,” and that the indemnity provision was therefore invalid. Genesis Energy appealed the dismissal of its crossclaim for defense and indemnification against Danos, LLC, after a Danos employee was injured transferring from an … More September 15, 2025, opinions

September 12, 2025, opinions

September 15, 2025

Designated for publication Oldham, J. (Haynes, Ho, Oldham), immigration Denying in part and dismissing in part Mexican citizen’s petition for review of BIA order denying motion to reopen removal proceedings. The Fifth Circuit reviewed Juan Jose Garcia Morin’s petition challenging the Board of Immigration Appeals’ refusal to reopen his removal proceedings. Garcia Morin, a Mexican … More September 12, 2025, opinions

September 11, 2025, opinions

September 12, 2025

Willett, J. (Dennis, Willett, Duncan), remand Reversing waiver-based order of remand based on defendant’s participation in state court proceedings. The Fifth Circuit revisited a waiver-based remand dispute after the en banc court had cleared out circuit precedent that the panel had held tied its hands on an earlier review. Edward Festeryga, sued in Texas state … More September 11, 2025, opinions

September 10, 2025, opinions

September 11, 2025

Designated for publication per curiam (Elrod, King, Graves), Elrod, C.J., concurring; Graves, J., dissenting; criminal, Second Amendment Affirming conviction of possession of a firearm by a felon. Alvaro Alejandro Mancilla pleaded guilty to being a felon in possession of a firearm under 18 U.S.C. § 922(g)(1) after he and his cousin were arrested at a … More September 10, 2025, opinions

September 9, 2025, opinions

September 10, 2025

Designated for publication Ho, J. (Haynes, Ho, Oldham), criminal, restitution Affirming judgment that defendant’s service-connected payments were not exempt from garnishment to pay restitution order. The Fifth Circuit affirmed a writ of garnishment on $46,084.49 in Christopher Allen-Shinn’s USAA account to satisfy $92,500 in restitution from his child-pornography conviction, holding that 26 U.S.C. § 6334(a)(10)’s … More September 9, 2025, opinions

September 8, 2025, opinions

September 9, 2025

Designated for publication per curiam (Haynes, Ho, Oldham), Ho and Oldham, concurring; oral argument Ordering that panel will entertain additional oral argument via Zoom if appellant’s lead counsel requests, since lead counsel had emergency hospitalization shortly before argument. Judge Haynes noted that argument went forward because attorneys on both sides had traveled to attend the … More September 8, 2025, opinions

September 4-5, 2025, opinions

September 9, 2025

Designated for publication Willett, J. (Richman, Willett, Douglas), Douglas, J., dissenting; international custody, Hague Convention Granting panel rehearing, and entering new panel opinion reversing and remanding to district court with instructions to order the return of child to father in Venezuela. A Venezuelan father, Jose Leonardo Brito Guevara, sought the return of his daughter, A.F., … More September 4-5, 2025, opinions