Designated for publication per curiam (Smith, Graves, Engelhardt), discovery, First Amendment Granting stay pending appeal of district court’s order compelling production of documents responsive to discovery requests for the defendant’s list of donors and financial supporters, in claims by social media company that defendants “knowingly and maliciously” manipulated images to “portray X Corp. as a … More October 17-20, 2024, opinions
Designated for publication Wilson, J. (Jones, Clement, Wilson), criminal, sentencing Affirming conviction on making false statements involving international terrorism; vacating conviction on three counts of obstructing an official proceeding; and vacating 108-month sentence and remanding for resentencing. Charges arose from defendant’s entering into a romantic relationship with a target of her investigation, who she was … More October 11, 2024, opinions
Designated for publication Willett, J. (Elrod, Willett, Duncan), habeas corpus Affirming denial of habeas relief, upholding district court’s judgment that the § 2254 petition was untimely. The Court first held that the appeal was timely, based on district court’s determination that the petitioner had placed his request for a “return date” and an extension to … More October 10, 2024, opinions
Designated for publication Ramirez, J. (Smith, Engelhardt, Ramirez), immigration Affirming for lack of subject-matter jurisdiction plaintiff’s challenge to the U.S. Citizenship and Immigration Services’ revocation of its approval of his EB-3 visa petition. The Court held that the USCIS’s revocation of the approval of the plaintiff’s I-140 petition was a discretionary decision not subject to … More October 3, 2024, opinions
Unpublished per curiam (King, Southwick, Engelhardt), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Smith, Elrod, Graves), immigration Denying Mexican citizen’s petition for review of BIA dismissal of his appeal of an immigration judge’s denial of his application for cancellation of removal. per curiam (Graves, Willett, Wilson), criminal, compassionate release Affirming denial … More October 2, 2024, opinions
Designated for publication Wilson, J. (Wiener, Elrod, Wilson), Elrod, J., concurring; criminal, collateral estoppel Affirming denial of motion to dismiss criminal prosecution on collateral estoppel grounds, where government decided to retry defendant on bribery charges after Court of Appeals vacated first conviction for improper jury instruction and remanded. Court held that defendant failed to show … More September 30, 2024, opinions
Designated for publication per curiam (Higginbotham, Southwick, Higginson), taking, federal question jurisdiction On remand from the U.S. Supreme Court, remanding to district court with instructions to remand to state court the plaintiffs’ taking claims against Texas. Willett, J. (Willett, Wilson, Ramirez), Ramirez, J., concurring; First Amendment Reversing summary judgment in favor of the State of … More September 25-27, 2024, opinions
Designated for publication Kernodle, J. (Southwick, Duncan, Kernodle, by designation), COVID-19, mootness, standing Reversing district court’s dismissal as moot of challenge to Air Force’s COVID-19 vaccine mandate after Air Force rescinded the mandate, and reversing dismissal for lack of standing of plaintiff who had been separated from service, and remanding for further proceedings. The Court … More September 23, 2024, opinions
Designated for publication Jones, J. (Jones, Smith, Ho), copyright, trademark infringement Affirming summary judgment in favor of defendant, a children’s art teaching company, and against plaintiff artist, holding that fair use doctrine protected defendant’s use of plaintiff’s art works; and holding that district court’s summary judgment on trademark infringement claim where motion for summary judgment … More September 18-19, 2024, opinions
Designated for publication Oldham, J. (joined by Richman, Jones, Smith, Ho, Duncan, Engelhardt, Wilson, Ramirez); Haynes, J., concurring in part (joined by Stewart, Southwick); Willett, J., dissenting (joined by King, Elrod, Graves, Higginson, Douglas); § 1983 Affirming dismissal of plaintiff’s § 1983 claim for money damages and to challenge constitutionally “tainted” state-law conviction, on basis … More September 13, 2024, opinions
