Tag: immigration

March 5-6, 2025, opinions

March 10, 2025

Designated for publication per curiam (Smith, Clement, Duncan), social security Affirming award of disability benefits, rejecting argument that plaintiff was entitled to benefits from an earlier date. Ramirez, J. (Richman, Graves, Ramirez), labor law, jurisdiction Dismissing for lack of subject-matter jurisdiction appeal of “effective denial” of company’s challenge and motion for injunctive relief from allegedly … More March 5-6, 2025, opinions

February 21, 2025, opinions

February 24, 2025

Unpublished per curiam (King, Southwick, Engelhardt), criminal, sentence reduction Affirming denial of motion for sentence reduction. per curiam (Higginbotham, Jones, Oldham), personal tort Affirming dismissal of IIED claims. per curiam (King, Southwick, Engelhardt), criminal, compassionate release Affirming denial of motion for compassionate release. per curiam (Dennis, Ho, Oldham), civil rights Affirming denial of motion to … More February 21, 2025, opinions

February 19, 2025, opinions

February 24, 2025

Unpublished per curiam (Wiener, Higginson, Ho), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Jolly, Graves, Oldham), criminal, sentence reduction Affirming denial of motion for sentence reduction. per curiam (King, Southwick, Engelhardt), criminal Affirming conviction of possession of a firearm by a felon. per curiam (Higginbotham, Jones, Oldham), criminal, sentencing Affirming 275-month … More February 19, 2025, opinions

February 13, 2025, opinions

February 14, 2025

Designated for publication per curiam (Davis, Smith, Higginson), jurisdiction, settlement agreement, foreclosure Affirming district court’s judgment that it lacked ancillary jurisdiction to enforce a settlement agreement where the parties had filed an unconditional Rule 41(a)(1)(A)(ii) stipulation of dismissal without a concurrent court order incorporating the agreement terms or expressly retaining jurisdiction over the agreement. Barksdale, … More February 13, 2025, opinions

February 12, 2025, opinions

February 14, 2025

Designated for publication per curiam (Jones, Haynes, Douglas), Jones, J., dissenting; Eighth Amendment, Americans with Disabilities Act, appellate jurisdiction Dismissing state defendants’ appeal of judgment on liability on Eighth Amendment and ADA class claims on behalf of prisoners at the Louisiana State Penitentiary, and vacating stay of “Remedial Order” that contemplated further proceedings to determine … More February 12, 2025, opinions

February 11, 2025, opinions

February 12, 2025

Designated for publication per curiam (voting against rehearing: Jones, Smith, Richman, Southwick, Haynes, Willett, Duncan, Engelhardt, Wilson, JJ.; voting for rehearing: Stewart, Graves, Higginson, Douglas, Ramirez, JJ.; Elrod, Ho, Oldham, JJ., not participating in poll); Higginson, J., dissenting from denial of rehearing (joined by Stewart, Graves, Douglas, JJ.); sovereign immunity, contempt Denying rehearing en banc … More February 11, 2025, opinions

February 10, 2025, opinions

February 12, 2025

Designated for publication Wilson, J. (Elrod, Oldham, Wilson), First Amendment, standing Vacating district court’s order denying legislative privilege to defendant Parish councilmembers whose Resolution to terminate library board members for erecting Pride Month displays at libraries had been challenged by three of those members as viewpoint discrimination, holding that the plaintiffs did not have standing … More February 10, 2025, opinions

February 3-4, 2025, opinions

February 11, 2025

Designated for publication per curiam (Elrod, Dennis, Higginson), habeas corpus, Armed Career Criminal Act Vacating dismissal of § 2255 petition challenging ACCA-enhanced sentencing, on the basis that a new decision from the Texas Court of Criminal Appeals that abrogated prior Fifth Circuit precedent that Texas-law robbery by threat and aggravated robbery by threat qualified as … More February 3-4, 2025, opinions

January 31, 2025, opinions

February 1, 2025

Designated for publication per curiam (voting against rehearing en banc: Elrod, Jones, Smith, Stewart, Richman, Southwick, Haynes, Graves, Higginson, Willett, Duncan, Engelhardt, Oldham, Wilson, Douglas, Ramirez, JJ.; voting for rehearing en banc: Ho, J.–yes, a 16-1 vote againt rehearing en banc); Duncan, J., concurring in denial of rehearing (joined by Jones, Smith, Willett, Oldham, Engelhardt, … More January 31, 2025, opinions

January 30, 2025, opinions

January 31, 2025

Designated for publication Jones, J. (Elrod, Jones, Barksdale), Second Amendment Reversing district court’s judgment that a 1968 federal statute prohibiting sale of handguns to 18- to 20-year-old adults was not unconstitutional and finding the ban is unconstitutional under the Second Amendment; overruling Court’s precedent from National Rifle Association, Inc. v. Bureau of Alcohol, Tobacco, Firearms, … More January 30, 2025, opinions