November 16-23, 2022, opinions

Playing catch-up from traveling and holidays, so the “designated for publication” summaries will be briefer than usual, but feel free, as always, to click through to the opinions that may interest you. Designated for publication Unpublished

August 26-31, 2022, opinions

(Abbreviated summaries on this group of opinions, due to some heavy briefing obligations in our practice that have shortened our time to draft more detailed summaries of these opinions) Designated for publication Unpublished

June 30, 2022, opinions

Designated for publication South Central Houston Action Council v. Oak Baptist Church, 21-20559, appeal from S.D. Tex. Jones, J. (Jones, Elrod, Higginson), bankruptcy, magistrate jurisdiction Vacating affirmance of summary judgment entered by bankruptcy court, where on appeal to district court the district court had referred the bankruptcy appeal to a magistrate with the parties’ consent. … More June 30, 2022, opinions

June 29, 2022, opinions

Designated for publication Djie v. Garland, 20-60448, petition for review of BIA order Oldham, J. (Davis, Willett, Oldham), immigration Denying Indonesian citizens’ petition for review of BIA order denying motion to reopen removal proceedings. The Court held that the petition was both number-barred and time-barred. With regard to the number-bar, the Court held that DOJ’s … More June 29, 2022, opinions

May 11, 2022, opinions

Catching up on the blog after some non-stop over-drive briefing weeks, so both published and unpublished opinions will only contain summary disposition information and not the usual fuller descriptions. Designated for publication Badgerow v. Walters, 19-30766, appeal from E.D. La. per curiam (Jolly, Graves, Duncan), arbitration On remand from U.S. Supreme Court, reversing district court’s … More May 11, 2022, opinions

May 4, 2022, opinions

Catching up on the blog after some non-stop over-drive briefing weeks, so both published and unpublished opinions will only contain summary disposition information and not the usual fuller descriptions. Designated for publication Johnson v. TheHuffingtonPost.com, Inc., 21-20022, appeal from S.D. Tex. per curiam (King, Smith, Haynes), Elrod, J., dissenting from denial of rehearing (joined by … More May 4, 2022, opinions

April 13-14, 2022, opinions

Designated for publication Foster v. Warden, 20-10841, appeal from N.D. Tex. Southwick, J. (Dennis, Southwick, Wilson), mootness Vacating dismissal on mootness grounds of former military prisoner’s suit regarding the constitutionality of term of supervised release he had been found to have violated, and remanding to district court for determination of whether post-imprisonment effect on eligibility … More April 13-14, 2022, opinions

February 4-7, 2022, opinions

Designated for publication U.S. v. Bates, 19-10813, appeal from N.D. Tex. per curiam (King, Graves, Willett), criminal, sentencing, Armed Career Criminals Act On remand from the U.S. Supreme Court, vacating and remanding for resentencing. The Court held that, under Borden v. United States, 141 S. Ct. 1817 (2021), the Texas crime of assault of a … More February 4-7, 2022, opinions

February 1, 2022, opinions

Designated for publication U.S. v. Martinez, 21-30068, appeal from W.D. La. Davis, J. (Davis, Jones, Elrod), criminal, search and seizure Affirming denial of motion to suppress evidence seized from USPS packages; defendant had argued that reasonable suspicion did not exist to detain the packages, and that the 17-day delay between their detention and the search … More February 1, 2022, opinions