Tag: § 1983

December 2, 2024, opinions

December 3, 2024

Unpublished per curiam (Ho, Engelhardt, Douglas), criminal, compassionate release Affirming denial of motion for compassionate release. per curiam (Graves, Willett, Wilson), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (King, Southwick, Engelhardt), criminal, guilty plea Affirming guilty plea conviction of conspiracy to receive firearms while being illegally or unlawfully present in the … More December 2, 2024, opinions

November 27, 2024, opinions

December 2, 2024

Designated for publication Duncan, J. (Willett, Duncan, Ramirez), Ramirez, J., dissenting; sovereign immunity, Administrative Procedure Act, intergovernmental immunity, Immigration and Nationality Act, trespass Reversing district court’s denial of preliminary injunction, and granting injunction to enjoin Border Patrol “from damaging, destroying, or otherwise interfering with Texas’s [concertina]-wire fence in the vicinity of Eagle Pass, Texas, as … More November 27, 2024, opinions

November 12-14, 2024, opinions

November 15, 2024

Designated for publication per curiam (Higginbotham, Southwick, Higginson), Higginbotham, J., concurring; taking On remand from the U.S. Supreme Court, withdrawing previous order remanding to the district court with instructions to return litigation to the state court and instead remanding to the district court to decide whether to return the litigation to state court. Judge Higginbotham … More November 12-14, 2024, opinions

November 8, 2024, opinions

November 11, 2024

Designated for publication Jones, J. (Jones, Barksdale, Ho), criminal Affirming conviction of illegal reentry, which resulted in surrender to immigration officials for deportation. The Court rejected the defendant’s argument that the district court had improperly shifted the burden to him to prove the invalidity of the waiver of rights regarding the underlying deportation rather than … More November 8, 2024, opinions

November 7, 2024, opinions

November 8, 2024

Designated for publication Oldham, J. (Jones, Southwick, Oldham), First Amendment On remand from the U.S. Supreme Court, remanding to the district court for further fact-findings: “In Moody v. NetChoice, LLC, 144 S. Ct. 2383 (2024), the Supreme Court emphasized that facial challenges to state laws are difficult to successfully mount. In the First Amendment context, … More November 7, 2024, opinions

October 25, 2024, opinions

October 28, 2024

Designated for publication per curiam (Elrod, Jones, Smith, Willett, Duncan, Engelhardt, Oldham, Wilson) (Ho, J., recused; Haynes, J., concurring in judgment only); Dennis, J., dissenting (joined by Stewart, Richman, Southwick, Graves, Higginson, Douglas, Ramirez); en banc, labor law, First Amendment After panel opinion affirmed NLRB order finding that tweet by Tesla CEO Elon Musk regarding … More October 25, 2024, opinions

October 14, 2024, opinions

October 15, 2024

Designated for publication Duncan, J. (Southwick, Duncan, Kernodle, by designation), qualified immunity Reversing denial of qualified immunity summary judgment for defendant officers arising from arrest of plaintiff after plaintiff refused to identify himself or exit his car. Unpublished per curiam (Graves, Willett, Wilson), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Stewart, … More October 14, 2024, opinions

October 11, 2024, opinions

October 14, 2024

Designated for publication Wilson, J. (Jones, Clement, Wilson), criminal, sentencing Affirming conviction on making false statements involving international terrorism; vacating conviction on three counts of obstructing an official proceeding; and vacating 108-month sentence and remanding for resentencing. Charges arose from defendant’s entering into a romantic relationship with a target of her investigation, who she was … More October 11, 2024, opinions

October 2, 2024, opinions

October 3, 2024

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

September 25-27, 2024, opinions

September 30, 2024

Designated for publication per curiam (Higginbotham, Southwick, Higginson), taking, federal question jurisdiction On remand from the U.S. Supreme Court, remanding to district court with instructions to remand to state court the plaintiffs’ taking claims against Texas. Willett, J. (Willett, Wilson, Ramirez), Ramirez, J., concurring; First Amendment Reversing summary judgment in favor of the State of … More September 25-27, 2024, opinions