Designated for publication per curiam (Jones, Ho, Wilson), criminal, sentencing, Armed Career Criminal Act Vacating sentence on conviction of being a felon in possession of a firearm, and remanding for resentencing, disagreeing with the district court that the ACCA (which would increase the statutory maximum from ten years to a minimum of 15 years) was … More September 26-28, 2022, opinions
Designated for publication Elrod, J. (Stewart, Clement, Elrod), subpoenas, sovereign immunity Reversing partial denial of motions to quash subpoenas duces tecum that had been served on county district judges to determine their role in creating and enforcing Harris County’s bail schedule, which was the subject of plaintiffs’ constitutional challenge to the county’s felony-bail system. The … More September 16-19, 2022, opinions
Designated for publication Elrod, J. (Stewart, Elrod, Graves), Water Resources Development Act Affirming 12(b)(6) dismissal of two shipping companies’ claims that a waterway district violated the WRDA by charging tonnage-based user fees for use of the waterway facilities to pay its local match for a federally authorized project under the Act to deepen and improve … More September 14, 2022, opinions
Designated for publication Huskey v. Jones, 19-60588, appeal from N.D. Miss. Stewart, J. (Higginbotham, Stewart, Wilson), prisoner suit Reversing summary judgment dismissing plaintiff’s suit arising from conduct while he was incarcerated at the Mississippi State Penitentiary. The Court held that the plaintiff showed a genuine issue of fact as to the availability of administrative remedies. … More August 16, 2022, opinions
(Still in catch-up mode here, so the opinions designated for publication will get the same brief treatment as the unpublished opinions …) Designated for publication Whole Woman’s Health v. Young, 18-50730, appeal from W.D. Tex. per curiam (Barksdale, Stewart, Costa), abortion law Vacating injunction of Texas law regarding disposal of embryonic and fetal tissue after … More June 20-28, 2022, opinions
Designated for publication Vista Health Plan, Inc. v. U.S. Department of Health and Human Services, 20-50963, appeal from W.D. Tex. Wilson, J. (Higginbotham, Stewart, Wilson), Affordable Care Act, finality of judgment Withdrawing panel opinion from March 17, 2022, which affirmed district court’s summary judgment in favor of HHS defendants on plaintiff insurer’s challenge to HHS … More April 20, 2022, opinions
Designated for publication Sanchez-Amador v. Garland, 20-60367, petition for review of BIA order Engelhardt, J. (Davis, Smith, Engelhardt), immigration Denying Honduran citizen’s petition for review of BIA order affirming IJ’s rejection of application for asylum for petitioner, her husband, and her minor son after DHS charged them with being removable as aliens present in the … More April 11, 2022, opinions
Designated for publication Boch-Saban v. Garland, 20-60540, petition for review of BIA order per curiam (Southwick, Haynes, Higginson), immigration Vacating BIA order dismissing as untimely a Guatemalan citizen’s appeal from an IJ’s order denying as time- and number-barred a motion to reopen and dismiss, and remanding to BIA to consider in the first instance the … More April 8, 2022, opinions
(Note: While normally Take the Fifth provides more detailed summaries for opinions designated for publication and only basic disposition notes and links for unpublished opinions, because this is a catch-up post after two weeks of being away from the blog, we are just providing the links and basic disposition notes for both published and unpublished … More March 19-31, 2022, opinions
Designated for publication Collins v. Yellen, 17-20364, appeal from S.D. Tex. per curiam (joined by Owen, Jones, Smith, Elrod, Southwick, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, JJ.); Haynes, J., dissenting, joined by Stewart, Dennis, Graves, Costa, JJ.); separation of powers After partial vacatur and remand by U.S. Supreme Court of en banc decision at … More March 1-4, 2022, opinions
