Designated for publication Parish of Plaquemines v. Chevron USA, Inc., 19-30492, appeal from E.D. La.; c/w Parish of Cameron v. BP America Production Co., 19-30829, appeal from W.D. La. Ho, J. (Ho, Engelhardt, Oldham), removal Granting panel rehearing, withdrawing original panel opinion, denying en banc rehearing; affirming in part, reversing in part, and remanding for … More August 5, 2021 opinions
Designated for publication Quadvest, L.P. v. San Jacinto River Authority, 20-20447, appeal from S.D. Tex. Higginson, J. (Wiener, Elrod, Higginson), antitrust law Affirming denial of state-action immunity on behalf of water authority, against which plaintiff investor-owned utilities had brought claims under Section 1 of the Sherman Act. Defendant water authority, the SJRA, is a political … More August 3, 2021 opinions
Designated for publication Sanchez Oil & Gas Corp. v. Crescent Drilling & Production, Inc., 20-20304, appeal from S. D. Tex. Jones, J. (Jones, Clement, Graves), Fair Labor Standards Act, indemnification Reversing summary judgment in favor of defendant on plaintiff’s claim for indemnification for FLSA liability to subcontractor, finding existence of material fact as to whether … More July 30, 2021 opinions
Designated for publication Vazquez-Guerra v. Garland, 18-60828, petition for review of BIA order Ho, J. (Smith, Graves, Ho), immigration Denying petition for review of Mexican citizen’s petition for review of BIA order dismissing appeal of IJ order denying asylum and withholding of removal for her and her minor daughter based on an expressed fear that … More July 29, 2021 opinions
Designated for publication U.S. v. Jackson, 19-10627, appeal from N.D. Tex. per curiam (Wiener, Elrod, Higginson), criminal, crime of violence Vacating conviction of using a facility in aid of a racketeering enterprise with intent to commit a “crime of violence”; holding that predicate offense of sex trafficking of children is not a “crime of violence,” … More July 27-28, 2021 opinions
Designated for publication Texas v. U.S., 19-10011, appeal from N.D. Tex. per curiam (King, Elrod, Engelhardt), Affordable Care Act On remand from the U.S. Supreme Court, which had vacated the Fifth Circuit panel’s opinion upholding states’ challenge to the ACA, Court entered order vacating district court’s opinion and remanding to district court to dismiss suit. … More July 23, 2021 opinions
Designated for publication U.S. v. Castro, 18-10137, appeal from N.D. Tex. Oldham, J. (Ho, Oldham, Wilson), habeas corpus Vacating certificate of appealability and dismissing appeal. “A judge on our court granted Adrian Castro a certificate of appealability. It’s undisputed that the COA is invalid under 28 U.S.C. § 2253(c)(2)–(3) because it fails to specify a … More July 14, 2021 opinions
Designated for publication U.S. v. Gaspar-Felipe, 19-50997, appeal from W.D. Tex. Duncan, J. (Jones, Costa, Duncan), criminal, sentencing, Confrontation Clause, sufficiency of evidence Affirming convictions and 78-month sentence for defendant’s role in an alien smuggling operations in which the person being smuggled died. The Court held that there was no Confrontation Clause violation in the … More July 13, 2021 opinions
Designated for publication Singh v. Garland, 19-60937, petition for review of BIA order Higginbotham, J. (Higginbotham, Southwick, Willett), immigration Granting stay pending review of petition for review of BIA order dismissing Indian citizen’s appeal of IJ decision denying his application for asylum and protection under the Convention Against Torture and finding petitioner not credible. Petitioner’s … More July 12, 2021 opinions
Designated for publication U.S. v. Trujillo, 20-10679, appeal from N.D. Tex. Ho, J. (King, Dennis, Ho), criminal, sentencing Reforming judgment to reflect the conviction for illegal reentry after removal should be pursuant to 18 U.S.C. § 1326(b)(1) for illegal reentry after a conviction for a felony other than an aggravated felony, rather than under 18 … More July 9, 2021 opinions
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