Tag: due process

September 15-16, 2026, opinions

September 17, 2026

Designated for publication Jones, J. (Higginbotham, Jones, Southwick) (no oral argument), Toxic Substances Control Act, administrative law Granting industry petitioner’s petition for review of EPA rule, vacating rule, and remanding to EPA. Methylene chloride (MC) is a volatile chemical solvent widely used in adhesives, automotive products, and paint removers. EPA determined that nearly all uses … More September 15-16, 2026, opinions

September 9, 2026, opinions

September 10, 2026

Designated for publication Higginbotham, J. (Higginbotham, Willett, Ho) (oral argument prior to certification to state supreme court), statutory immunity, personal tort Upon receiving state supreme court opinion after June 25, 2025, certification of question regarding statutory immunity, reversing district court’s ruling that defendant had immunity and remanding for further proceedings. The Breauxs and the Blanchards … More September 9, 2026, opinions

September 4, 2026, opinions

September 7, 2026

Designated for publication Willett, J. (Stewart, Clement, Willett) (oral argument heard on initial review); criminal, guilty plea, Second Amendment, Commerce Clause Upon remand from U.S. Supreme Court, affirming conviction of firearm-possession-by-controlled-substance-user on guilty plea, rejecting challenge to appeal-waiver. Kenleone Joe Nyandoro was charged with possessing a firearm as an unlawful user of a controlled substance … More September 4, 2026, opinions

September 3, 2026, opinions

September 4, 2026

Designated for publication per curiam (Wiener, Willett, Douglas) (oral argument on original setting, prior to Supreme Court remand); Federal Tort Claims Act On remand from U.S. Supreme Court, affirming dismissal of plaintiff’s tort claims arising from refusal to deliver mail, modified to be dismissal without prejudice. Lebene Konan alleged that USPS mail carrier Raymond Rojas … More September 3, 2026, opinions

August 26, 2026, opinions

August 27, 2026

Designated for publication Higginson, J. (King, Higginson, Duncan) (oral argument), Duncan, J., dissenting; criminal, sentencing Vacating 46-month sentence on conviction of illegal reentry, and remanding for resentencing. Alexander Palencia-Berrum pled guilty to illegal reentry under 8 U.S.C. § 1326. His criminal history included three DWI convictions, an obstruction/minor-in-possession conviction, a domestic battery guilty plea, a … More August 26, 2026, opinions

August 25, 2026, opinions

August 26, 2026

Designated for publication Engelhardt, J. (Willett, Engelhardt, Douglas) (oral argument), Willett, J., concurring; criminal, Second Amendment, forfeiting argument Originally released a day before as an unpublished per curiam (though still with Judge Willett’s separate concurrence, re-released as a published disposition with the majority opinion attributed to Judge Engelhardt. Affirming dismissal of indictment of felon-in-possession on … More August 25, 2026, opinions

August 13, 2026, opinions

August 14, 2026

Designated for publication Elrod, C.J. (joined by Jones, Smith, Stewart, Richman, Southwick, Graves, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, Douglas, Ramirez, JJ.), Haynes, J., concurring in denial only (w/o separate opinion); immigration, amendment Denying, without prejudice, motion to amend on appeal to add five new class representatives Three Venezuelan nationals filed a habeas petition … More August 13, 2026, opinions

July 21, 2026, opinions

July 22, 2026

Designated for publication per curiam (en banc), immigration, die process, en banc In relation to the en banc rehearing of the July 2 opinion affirming that immigrants’ due process rights were violated by detention more than 90 days without bond hearings, which rehearing was ordered quickly on the heels of the panel opinion, on July … More July 21, 2026, opinions

July 17, 2026, opinions

July 18, 2026

Designated for publication Stewart, J. (Higginbotham, Stewart, Haynes) (no oral argument), judicial estoppel, personal tort On remand from the U.S. Supreme Court, from prior Fifth Circuit affirmance of dismissal of plaintiff’s suit, remanding back to district court to assess judicial estoppel from plaintiff’s failure to disclose claim on bankruptcy schedules. Thomas Keathley brought a personal … More July 17, 2026, opinions

July 13-15, 2026, decisions

July 16, 2026

Designated for publication Willett, J. (Stewart, Willett, Wilson) (no oral argument), Stewart, J., dissenting in part; mandamus, appellate jurisdiction, voluntary dismissal, school desegregation Dismissing appeal for lack of jurisdiction over judgment that was entered after voluntary dismissal of school desegregation case, and granting mandamus vacating post-dismissal judgment. This school-desegregation case had been pending for more … More July 13-15, 2026, decisions