November 5, 2021, opinions

Unpublished Lopez-Rivas v. Garland, 20-60205, petition for review of BIA order per curiam (King, Costa, Ho), immigration Denying Guatemalan citizen’s petition for review of BIA order dismissing her appeal of an Immigration Judge (IJ) decision denying a motion to reopen her 1996 in absentia exclusion order. Hernandez v. Garland, 20-60260, petition for review of BIA … More November 5, 2021, opinions

November 3, 2021, opinions

Designated for publication Stevens v. St. Tammany Parish Government, 20-30644, appeal from E.D. La. Higginson, J. (King, Higginson, Wilson), environmental law, res judicata Affirming dismissal of state-law claims arising from sewage and stormwater drainage across plaintiffs’ properties on res judicata grounds, and affirming dismissal of Clean Water Act claims for failure to state a claim. … More November 3, 2021, opinions

November 1, 2021, opinions

Designated for publication U.S. v. Davis, 20-30593, appeal from E.D. La. King, J. (King, Smith, Haynes), criminal Affirming denial of defendant’s motion for certificate of innocence, which she filed after the Court’s reversal of her convictions for conspiracy to commit health care fraud and health care fraud and after she had been incarcerated for approximately … More November 1, 2021, opinions

October 27-29, 2021, opinions

Designated for publication U.S. v. Sincleair, 20-10495, appeal from N.D. Tex. Davis, J. (Davis, Haynes, Oldham), Oldham, J., dissenting; criminal, sentencing Vacating sentence reached upon application of two-point enhancement for possession of dangerous weapon, and remanding for resentencing. The Court held, “[I]t is not clear whether the district court determined that Sincleair personally possessed the … More October 27-29, 2021, opinions

October 26, 2021, opinions

Designated for publication Mandawala v. Northeast Baptist Hospital, 20-50981, appeal from W.D. Tex. Smith, J. (Jones, Smith, Haynes), Haynes, J., concurring in judgment only; discrimination, recusal Affirming dismissal of pro se plaintiff’s claims against school, arising from failure of classes, for racial discrimination, First Amendment retaliation, loss of procedural due process, defamation, and intentional infliction … More October 26, 2021, opinions

October 21-25, 2021, opinions

Designated for publication Ghedi v. Mayorkas, 20-10995, appeal from N.D. Tex. Willett, J. (Stewart, Costa, Willett), Fourth Amendment, Administrative Procedures Act Affirming dismissal of plaintiff’s Fourth Amendment and APA claims against various federal officials in their official capacities arising from being subjected to air travel restrictions and inconveniences. While the Court disagreed with the district … More October 21-25, 2021, opinions

October 20, 2021, opinions

Designated for publication U.S. v. Martinez, 20-50984, appeal from W.D. Tex. Costa, J. (King, Costa, Ho), criminal, sentencing, supervised release Granting Anders motion to appointed defense counsel to withdraw as no non-frivolous grounds for appeal exist, but specifically addressing why there is not a non-frivolous argument that the orally pronounced terms of supervised release did … More October 20, 2021, opinions

October 18, 2021, opinions

Unpublished Naquin v. Medtronic, Inc., 20-30793, appeal from E.D. La. per curiam (Davis, Elrod, Oldham), product liability Affirming dismissal of plaintiff’s product liability claims against manufacturer of implantable cardia defibrillator. Rosales-Santos v. Garland, 20-60189, petition for review of BIA order per curiam (Wiener, Dennis, Haynes), immigration Dismissing in part and denying in part petition for … More October 18, 2021, opinions

October 15, 2021, opinions

Designated for publication Butler v. Denka Performance Elastomer, L.L.C., 20-30365, appeal from E.D. La. Higginson, J. (Haynes, Higginson, Oldham), Haynes, J., dissenting in part; Oldham, J., dissenting in part; toxic tort, removal Affirming the district court’s denial of plaintiff’s motion to remand this CAFA-removed toxic tort suit; reversing 12(b)(6) dismissal of plaintiff’s claims against former … More October 15, 2021, opinions

October 13-14, 2021 opinions

Designated for publication Hawkins v. U.S. Department of Housing and Urban Development, 20-20281, appeal from S.D. Tex. Wiener, J. (Wiener, Dennis, Duncan), Duncan, J., dissenting; Administrative Procedure Act, Fair Housing Act Reversing district court’s dismissal of plaintiffs’ APA and FHA claims against HUD, holding that HUD is bound by its prior self-imposed obligation to provide … More October 13-14, 2021 opinions