Designated for publication U.S. v. Vasquez, 20-40332, appeal from E.D. Tex. per curiam (Owen, Jolly, Dennis), immigration Reversing district court’s declination to revoke citizenship status from naturalized former El Salvadoran military officer. During the Salvadoran Civil War, the defendant had a role in extrajudicial killings and a subsequent cover-up. Based on this role, the U.S. … More June 11, 2021 opinions
Designated for publication U.S. v. Morton, 19-10842, appeal from N.D. Tex. per curiam (Owen, Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Costa, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson); criminal, search and seizure Vacating January 5, 2021 opinion that vacated sentence of conviction on child pornography charges and reversed district court’s denial of motion … More Take the Fifth: May 19, 2021 opinions
Unpublished Mills v. Adams County, Mississippi, 19-60829, appeal from S.D. Miss. per curiam (Wiener, Southwick, Duncan), prisoner suit Dismissing appeal for lack of jurisdiction due to untimely filed notice of appeal. U.S. v. Fernandez, 20-10479, appeal from N.D. Tex. per curiam (Graves, Willett, Duncan), criminal Granting Anders motion to withdraw, and dismissing appeal. U.S. v. … More Take the Fifth: May 13, 2021 opinions
Designated for publication Sanchez v. Oliver, 20-50282, appeal from W.D. Tex. Clement, J. (Jones, Clement, Graves), qualified immunity, deliberate indifference Reversing district court’s summary judgment dismissal of deliberate indifference claim against clinical social worker who had taken pretrial detainee off suicide watch prior to his committing suicide, and remanding for further proceedings. The victim’s mother … More Take the Fifth: April 26, 2021 opinions
Designated for publication Tibakweitira v. Wilkinson, 18-60459, petition for review of BIA order Engelhardt, J. (Haynes, Duncan, Engelhardt), immigration Dismissing in part and denying in part Tanzanian citizen’s petitions for review of a BIA order dismissing his appeal from the IJ decision denying his application for withholding of removal and protection under the Convention Against … More Take the Fifth: Feb. 1 and 2, 2021 opinions
Designated for publication Ovalles v. Rosen, 17-60438, petition for review of BIA order Jones, J. (Jones, Smith, Elrod), immigration, equitable tolling On remand from the Supreme Court, denying petition for review of BIA order denying motion to reopen and failing to apply equitable tolling. The Court had originally dismissed the petition for review for lack … More Take the Fifth: Jan. 1 – 11, 2021 opinions
Designated for publication Taylor v. Stevens, 17-10253, appeal from N.D. Tex. per curiam (Owen, Jones, Smith), qualified immunity, § 1983, Eighth Amendment On remand from the Supreme Court, vacating its earlier decision reversing in part and remanding dismissal of Eighth Amendment conditions-of-confinement claims on qualified immunity grounds, and remanding case in its entirety. Texas v. … More Take the Fifth: Dec. 21-24 opinions
Unpublished U.S. v. Castaneda, 19-10687, appeal from N.D. Tex. per curiam (Clement, Higginson, Engelhardt), criminal, sentencing Affirming within-Guidelines sentence of 180 months for conviction of possession with intent to distribute more than 50 grams of methamphetamine. U.S. v. Love, 19-11331, appeal from N.D. Tex. per curiam (Jones, Barksdale, Stewart), criminal, sentencing Affirming conviction and sentence … More Take the Fifth: Dec. 9 opinions
Designated for publication U.S. v. Lipscomb, 18-11168, appeal from N.D. Tex. Clement, J. (Clement, Ho, Duncan), habeas corpus, Armed Career Criminal Act Vacating district court’s grant of § 2255 petition and remanding to reinstate original sentence. Petitioner had been convicted as a felon in possession of a firearm after being apprehended with a sawed-off shotgun … More Take the Fifth: Dec. 7 and 8, 2020 opinions
Designated for publication U.S. v. Cano, 19-11297, appeal from N.D. Tex. Higginbotham, J. (Higginbotham, Smith, Dennis), criminal, sentencing, supervised release Affirming sentence of consecutive 24-month imprisonment terms for violating terms of supervised release. Defendant had left the jurisdiction during his supervised release without informing his probation officer, to return to Mexico and assist his ex-wife … More Take the Fifth: Dec. 2, 2020 opinions
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