Designated for publication per curiam (Barksdale, Willett, Duncan) (oral argument withdrawn), Willett, J., concurring (joined by Duncan, J.); criminal, Second Amendment Affirming conviction of possession of a firearm by a felon, rejecting Second Amendment and Commerce Clause challenges as foreclosed by Circuit precedent. Initially designated as an unpublished opinion, then changed to designate as being … More November 14, 2025, opinions
Unpublished decisions per curiam (Jones, Richman, Ramirez) (no oral argument), prisoner suit Dismissing as frivolous appeal from dismissal of Texas state prisoner’s suit, per curiam (Barksdale, Oldham, Douglas) (no oral argument), criminal, sentencing Affirming 121-month sentence on conviction of receipt of child pornography. per curiam (Jones, Richman, Ramirez) (no oral argument), criminal, sentencing Dismissing appeal … More November 12, 2025, opinions
Designated for publication Oldham, J. (Wiener, Engelhardt, Oldham) (oral argument withdrawn), diversity jurisdiction Remanding appeal from judgment in favor of defendant in trust dispute, for jurisdictional discovery. “Once again, a party invoking this court’s diversity jurisdiction has failed to establish the citizenship of a limited liability company. 28 U.S.C. § 1332. Thus, we remand this … More November 10, 2025, opinions
Unpublished decisions per curiam (Stewart, Graves, Oldham) (no oral argument), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (King, Haynes, Ho) (no oral argument), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Southwick, Duncan, Engelhardt) (no oral argument), criminal, compassionate release Dismissing as frivolous appeal from denial of motion … More November 7, 2025, opinions
Designated for publication Engelhardt, J. (Dennis, Southwick, Engelhardt) (oral argument), Dennis, J., dissenting in part; First Amendment, sovereign immunity, standing Vacating injunction entered on First Amendment pre-enforcement challenge brought by drag performer and organizations against Texas law regulating “sexually oriented performances on public property and in the presence of minors”; and remanding for further proceedings. … More November 6, 2025, opinions
Designated for publication Engelhardt, J. (Wiener, Engelhardt, Oldham) (oral argument withdrawn), immigration Denying Guatemalan citizen’s petitions for review of BIA denials of his motion to reopen removal proceedings and motion to reconsider. The Fifth Circuit denied Oscar Rene Rosa Arevalo’s petitions for review of the Board of Immigration Appeals’ denials of his motions to reopen … More November 5, 2025, opinions
Designated for publication Smith, J. (Smith, Stewart, Ramirez) (no oral argument), § 1983, Fair Debt Collection Practices Act, default judgment Affirming district court’s denial of default judgment on plaintiffs’ FDCPA and constitutional claims against defendants arising from eviction from public housing, where “all defendants appeared before the district court, filed an answer, or moved to … More November 4, 2025, opinions
Designated for publication Elrod, C.J. (Elrod, Clement, Haynes) (oral argument), Haynes, dissenting in part; timeliness, personal torts Affirming dismissal as untimely of claims brought under Texas law, originally in Texas state courts but then removed, for monetary damages arising from chemical explosions at defendant’s facility, where original action was certified as to injunctive relief class … More October 30-31, 2025, opinions
Designated for publication en banc; First Amendment, en banc Vacating August 18, 2025, panel opinion (Dennis, Southwick, Ho; Ho, J., dissenting) and ordering en banc rehearing of panel opinion that reversed denial of preliminary injunction against university administration’s cancellation of LGBT+ student organization’s drag show. Unpublished decisions per curiam (Wiener, Willett, Wilson) (no oral argument), … More October 27, 2025, opinions
Unpublished decisions per curiam (Jones, Duncan, Douglas) (no oral argument), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Clement, Southwick, Oldham) (no oral argument), civil Affirming judgment in favor of defendant, with no description of claims or appeal issues. per curiam (Richman, Willett, Douglas) (oral argument), Willett, J., dissenting in part; vaccine … More October 22, 2025, opinions
