Tag: habeas corpus

Take the Fifth: Feb. 1 and 2, 2021 opinions

February 3, 2021

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

Take the Fifth: Jan. 29, 2021 opinions

January 31, 2021

Designated for publication Miller v. Sam Houston State University, 19-20752, appeal from S.D. Tex. Wilson, J. (Jolly, Southwick, Wilson), Title VII, employment discrimination, judicial bias Reversing dismissal of claims, remanding for further proceedings, and ordering that cases be reassigned to a new judge upon remand. “From the outset of these [consolidated] suits, the district judge’s … More Take the Fifth: Jan. 29, 2021 opinions

Take the Fifth: Jan. 27, 2021 opinions

January 28, 2021

Designated for publication Munoz-Rivera v. Wilkinson, 19-60376, petition for review of BIA order per curiam (Owen, Graves, Ho), immigration Dismissing petition for review of cancellation of removal order upon determining that “the use of an unauthorized social security number constitutes a crime involving moral turpitude (CIMT) such that petitioner is ineligible for cancellation of his … More Take the Fifth: Jan. 27, 2021 opinions

Take the Fifth: Jan. 25 and 26, 2021 opinions

January 27, 2021

Designated for publication U.S. v. Coto-Mendoza, 20-10451, appeal from N.D. Tex. Haynes, J. (Haynes, Duncan, Engelhardt), criminal, sentencing Affirming 37-month prison sentence on guilty plea of illegal reentry, finding that district court’s sentence was not procedurally unreasonable on the basis of the district court’s explanation of its sentencing decision. Defendant, an El Salvadoran citizen, had … More Take the Fifth: Jan. 25 and 26, 2021 opinions

Take the Fifth: Jan. 22, 2021 opinions

January 24, 2021

Designated foro publication U.S. v. Warren, 19-10805, appeal from N.D. Tex. Willett, J. (Wiener, Costa, Willett), criminal, fraud, sufficiency of evidence, sentencing Affirming conviction and sentence of 114 months and 102 months for two defendants on eight counts arising from fraudulent telemarketing scam to ostensibly cancel timeshares. The Court held that there was sufficient evidence … More Take the Fifth: Jan. 22, 2021 opinions

Take the Fifth: Jan. 20, 2021 opinions

January 21, 2021

Designated for publication Gonzalez v. CoreCivic, Inc., 19-50691, appeal from W.D. Tex. Ho, J. (Smith, Ho, Oldham), Ho, J., additionally concurring, Oldham, J., dissenting; Trafficking Victims Protection Act Affirming district court’s denial of defendant’s motion to dismiss claim by immigrant detainee in its facility who brought claims that defendant’s work program was involuntary and a … More Take the Fifth: Jan. 20, 2021 opinions

Take the Fifth: Jan. 12 and 13, 2021 opinions

January 14, 2021

Designated for publication U.S. v. Parkerson, 19-10780, appeal from N.D. Tex. Jolly, J. (Jolly, Southwick, Wilson), criminal, sentencing Affirming 120-month statutory maximum prison term for failure to register as a sex offender where sentencing guidelines range was 18-24 months. The presentencing report (“PSR”) referred to an excerpt from a police report of an incident where … More Take the Fifth: Jan. 12 and 13, 2021 opinions

Take the Fifth: Jan. 1 – 11, 2021 opinions

January 12, 2021

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

Take the Fifth: Dec. 26-31, 2020 opinions

January 9, 2021

Designated for publication Daves v. Dallas County, 18-11368, appeal from N.D. Tex. Southwick, J. (Southwick, Graves, Engelhardt), cash bail, § 1983, Equal Protection, Due Process, sovereign immunity, Ex Parte Young Affirming preliminary injunction against imposition of cash bail on indigent arrestees as unconstitutional, with modifications to injunction to not apply to criminal district court judges … More Take the Fifth: Dec. 26-31, 2020 opinions

Take the Fifth: Dec. 21-24 opinions

January 4, 2021

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