Tag: immigration

January 10, 2025, opinions

January 13, 2025

Designated for publication Stewart, J. (Smith, Stewart, Duncan), arbitration Reversing district court’s order compelling arbitration of plaintiff’s employment and First Amendment claims, and remanding to district court to first determine County’s motion to dismiss on government immunity grounds. Willett, J. (Elrod, Willett, Duncan), Elrod, C.J., dissenting in part; qualified immunity Reversing denial of summary judgment … More January 10, 2025, opinions

January 7, 2025, opinions

January 8, 2025

Unpublished per curiam (King, Southwick, Engelhardt), criminal, compassionate release Affirming denial of motion for compassionate release. per curiam (Jones, Dennis, Southwick), breach of contract, insurance Affirming summary judgment dismissal of contract and coverage claims against insurer. per curiam (Higginbotham, Jones, Oldham), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Smith, Stewart, Duncan), … More January 7, 2025, opinions

December 30-31, 2024, opinions

January 6, 2025

Designated for publication Clerk Order (Voting AGAINST en banc hearing in the first instance: Elrod, Smith, Stewart, Richman, Southwick, Haynes, Graves, Higginson, Willett, Duncan, Engelhardt, Wilson, Douglas, Ramirez, JJ.; voting FOR en banc hearing in the first instance: Jones, Ho, Oldham, JJ.); First Amendment, en banc Order denying motion for the en banc Court to … More December 30-31, 2024, opinions

December 16-27, 2024, opinions

December 29, 2024

Designated for publication per curiam (Jones, Haynes, Douglas), Jones, J., concurring; Affordable Care Act, Title IX, standing Vacating summary judgment for plaintiffs in challenge to Notification of Interpretation and Enforcement of Section 157 of the ACA, which interpreted discrimination on the basis of sex to include discrimination on the basis of sexual orientation and and … More December 16-27, 2024, opinions

December 9-13, 2024, opinions

December 16, 2024

Designated for publication Higginson, J. (Smith, Clement, Higginson), criminal, sentencing, sufficiency of evidence, Affirming convictions of substantive healthcare in scheme to defraud TRICARE by ordering unnecessary toxicology and DNA cancer screening tests, finding sufficient evidence to support convictions, finding no plain error in district court’s exclusion of testimony regarding statements purportedly made to defendant by … More December 9-13, 2024, opinions

November 27, 2024, opinions

December 2, 2024

Designated for publication Duncan, J. (Willett, Duncan, Ramirez), Ramirez, J., dissenting; sovereign immunity, Administrative Procedure Act, intergovernmental immunity, Immigration and Nationality Act, trespass Reversing district court’s denial of preliminary injunction, and granting injunction to enjoin Border Patrol “from damaging, destroying, or otherwise interfering with Texas’s [concertina]-wire fence in the vicinity of Eagle Pass, Texas, as … More November 27, 2024, opinions

November 20, 2024, opinions

November 21, 2024

Designated for publication Douglas, J. (King, Willett, Douglas), trademark infringement Vacating district court’s amended judgment on remand, and reinstating district court’s prior judgment of injunctive relief as modified by the Court’s prior opinion on March 21, 2024, and by the parties’ stipulated additional language. Richman, J. (Jones, Richman, Ho; not joined by Judge Ho, who … More November 20, 2024, opinions

November 18-19, 2024, opinions

November 20, 2024

Designated for publication Jones, J. (Jones, Willett, Engelhardt), standing, Equal Protection Vacating district court order compelling state legislator defendants to produce discovery responses in suit brought by members of municipal airport authority to enjoin enforcement of law abolishing the airport authority and creating a new metropolitan airport authority with fewer members appointed by the Jackson … More November 18-19, 2024, opinions

November 8, 2024, opinions

November 11, 2024

Designated for publication Jones, J. (Jones, Barksdale, Ho), criminal Affirming conviction of illegal reentry, which resulted in surrender to immigration officials for deportation. The Court rejected the defendant’s argument that the district court had improperly shifted the burden to him to prove the invalidity of the waiver of rights regarding the underlying deportation rather than … More November 8, 2024, opinions

November 6, 2024, opinions

November 7, 2024

Unpublished per curiam (Clement, Oldham, Wilson), prisoner suit Vacating dismissal of pretrial detainee’s failure-to-protect claim, affirming dismissal of other claims arising from assault, and remanding for further proceedings. per curiam (Wiener, Willett, Duncan), Wiener, J., concurring; municipal liability Affirming dismissal of municipal liability claims arising from tear-gassing and arrest of journalist plaintiff during George Floyd … More November 6, 2024, opinions