Designated for publication en banc (vote to grant en banc reh’g); Ho, J., concurring in grant of rehearing en banc; Higginson, J., dissenting from grant of rehearing en banc; en banc, immigration, due process, Alien Enemies Act, habeas corpus On September 2, the three-judge panel (Southwick, J., writing for the court; Ramirez, J., dissenting in … More September 30, 2025, opinions
Designated for publication Duncan, J. (Dennis, Graves, Duncan), Dennis, J., dissenting; criminal, pretrial detention, immigration Affirming denial of motion for pretrial detention. The majority affirmed the district court’s denial of Celia Ignacia Esquivel-Bataz’s motion for pretrial release, rejecting her argument that the district court improperly relied on an immigration detainer to find her a flight … More September 16, 2025, opinions
Designated for publication Southwick, J. (Southwick, Oldham, Ramirez), Ramirez, J., dissenting in part; Oldham, J., dissenting; immigration, due process, Alien Enemies Act, habeas corpus On remand from U.S. Supreme Court’s grant of temporary restraining order halting deportation of petitioners under the Alien Enemies Act, granting preliminary injunction blocking removal of petitioners, leaving in place government’s … More September 1-3, 2025, opinions
Designated for publication Richman, J. (Richman, Willett, Douglas), Douglas, J., dissenting in part; criminal, due process, immigration Affirming conviction of illegal reentry. Ismael Adan Ortiz-Rodriguez was removed from the United States in 2017 following expedited removal proceedings initiated by DHS. In 2023, he was convicted of illegal reentry under 8 U.S.C. § 1326(a). Before trial, … More July 23, 2025, opinions
Designated for publication Richman, J. (Wiener, Richman, Willett), Willett, J., dissenting; due process Affirming denial of preliminary injunction to plaintiff in plaintiff’s challenge to city ordinance regulating short-term lending. In this case, TitleMax of Texas challenged an amendment to a City of Dallas ordinance that expanded local regulation of short-term lending. The amendment extended prior … More July 1, 2025, opinions
Designated for publication Ramirez, J. (Dennis, Haynes, Ramirez), Dennis, J., concurring; First Amendment, Establishment Clause, Free Exercise Clause, ripeness, standing, sovereign immunity Affirming district court judgment of facial unconstitutionality and preliminary injunction of state law requiring display of Ten Commandments in all public school classrooms. In June 2024, Louisiana enacted H.B. 71, mandating the display … More June 20-21, 2025, opinions
Designated for publication Haynes, J. (Stewart, Dennis, Haynes), criminal, Second Amendment Affirming conviction for possession of a firearm by a felon. In 2019, Texas authorities arrested Betancourt after he allegedly brandished a firearm during a domestic dispute and was later found with multiple firearms, ammunition, and body armor in his home. A federal grand jury … More June 4, 2025, opinions
Designated for publication Douglas, J. (King, Willett, Douglas), trademark infringement Vacating district court’s amended judgment on remand, and reinstating district court’s prior judgment of injunctive relief as modified by the Court’s prior opinion on March 21, 2024, and by the parties’ stipulated additional language. Richman, J. (Jones, Richman, Ho; not joined by Judge Ho, who … More November 20, 2024, opinions
Designated for publication Southwick, J. (Stewart, Dennis, Southwick), securities fraud Denying second petition for en banc rehearing, no active-duty judge having requested a poll, and re-issuing mandate. The Court held that the district court judge’s finding of unclean hands, such that no setoff was awarded, rather than the unclean-hands issue going to the jury, was … More August 26-27, 2024, opinions
Designated for publication Engelhardt, J. (King, Ho, Engelhardt), Ho, J., concurring in judgment; criminal, sufficiency of evidence, timeliness, restitution Reversing conviction for bankruptcy fraud, but affirming conviction for tax evasion and order of restitution as condition of supervised release. The Court held that the defendant’s indictment for bankruptcy fraud should have been dismissed as untimely, … More July 23, 2024, opinions
