Tag: compassionate release

September 27-28, 2021 opinions

September 29, 2021

Designated for publication Rodriguez v. Garland, 20-60008, petition for appeal pf BIA order Higginbotham, J. (Higginbotham, Willett, Duncan), immigration Granting Uruguayan citizen’s petition for review of BIA order dismissing appeal from IJ’s denial of his motion to reopen removal proceedings and rescind his absentia removal order, and remanding for further proceedings consistent with Niz-Chavez v. … More September 27-28, 2021 opinions

September 24, 2021 opinions

September 27, 2021

Designated for publication Abushagif v. Garland, 19-60807, petition for review of BIA order Smith, J. (Smith, Higginson, Engelhardt), immigration Granting in part, denying in part, and remanding to the BIA to assess the Libyan citizen’s petition for assessment of his claim for protection under the Convention Against Torture (denying petition for review of denial of … More September 24, 2021 opinions

September 23, 2021 opinions

September 27, 2021

Unpublished U.S. v. Portillo-Garcia, 20-40722, appeal from S.D. Tex. per curiam (Southwick, Oldham, Wilson), criminal, sentencing Affirming 35-month sentence on conviction of being an alien who had previously been removed and was found in the United States. Smith v. Lumpkin, 20-50261, appeal from W.D. Tex. per curiam (Jolly, Willett, Engelhardt), prisoner suit Affirming dismissal of … More September 23, 2021 opinions

September 20, 2021 opinions

September 21, 2021

Unpublished Martin Resource Management Corp. v. Federal Insurance Co., 20-40571, appeal from E.D. Tex. per curiam (Jones, Southwick, Engelhardt), insurance Affirming dismissal of insured’s claims with prejudice, finding that “the insured did not meet its burden of establishing coverage under the terms of the policy.” U.S. v. Oneal, 20-50494, appeal from W.D. Tex. per curiam … More September 20, 2021 opinions

September 17, 2021 opinions

September 20, 2021

Designated for publication Allen v. State of Louisiana, 20-30734, appeal from M.D. La. Duncan, J. (Davis, Duncan, Oldham), Oldham, J., concurring; Voting Rights Act Affirming Middle District of Louisiana’s denial of state’s motion to dismiss VRA claims challenging the composition of Louisiana’s state supreme court districts. The Court held that the question of VRA compliance … More September 17, 2021 opinions

September 16, 2021 opinions

September 17, 2021

Designated for publication U.S. v. Muhammad, 15-60300, appeal from S.D. Miss. Oldham, J. (Ho, Oldham, Wilson), criminal, harmless error Affirming defendant’s conviction of violations of the Controlled Substances Act and the Controlled Analogue Enforcement Act, which resulted in a 120-year sentence, on finding that error in jury instructions that omitted an element of the Analogue … More September 16, 2021 opinions

September 15, 2021 opinions

September 16, 2021

Designated for publication Texas v. U.S., 21-40618, appeal from S.D. Tex. Costa, J. (Southwick, Graves, Costa), immigration, Administrative Procedure Act Granting partial stay, pending appeal, of nationwide injunction entered by district court to enjoin the U.S. from relying on immigration enforcement priorities announced in DHS and ICE memos following President Biden’s inauguration. The DHS and … More September 15, 2021 opinions

September 7-9, 2021 opinions

September 13, 2021

Designated for publication U.S. v. McClaren, 17-30524, appeal from E.D. La. Stewart, J. (Stewart, Higginson, Wilson), criminal, severance, Batson challenge, sufficiency of evidence, sentencing, First Step Act Granting government’s petition for panel rehearing of May 18, 2021 opinion; withdrawing previous panel opinion and substituting new one; denying defendants’ petition for panel rehearing and for rehearing … More September 7-9, 2021 opinions

September 1-6, 2021 opinions

September 8, 2021

Designated for publication Rutila v. U.S. DOTD, 20-10730, appeal from N.D. Tex. Smith, J. (Owen, Smith, Graves), Freedom of Information Act Reversing district court’s jurisdictional dismissal of pro se FOIA suit against the FAA and DOTD, and remanding for further proceedings. “The district court reasoned that, because Rutila ‘broadly challenged Defendants’ adequacy of search without … More September 1-6, 2021 opinions

August 27, 2021 opinions

August 31, 2021

Designated for publication U.S. v. Martinez, 20-11016, appeal from N.D. Tex. Costa, J. (Elrod, Southwick, Costa), criminal, sentencing Vacating sentence on conviction for drug conspiracy, and remanding for resentencing under new calculation of amount of money involved. Defendant owned a tobacco shop, and various drugs and drug paraphernalia were found in the back of his … More August 27, 2021 opinions