Tag: immigration

April 25-26, 2024, opinions

April 29, 2024

Designated for publication per curiam (Elrod, Willett, Duncan), criminal, restitution Vacating $6,000 restitution award issued as part of sentence on conviction of production of child pornography, on holding that PSR cited inapplicable statutes and failed to conduct a proximate-cause analysis; and remanding for further proceedings. Smith, J. (Higginbotham, Smith, Higginson), criminal, competence, sentencing Affirming conviction … More April 25-26, 2024, opinions

April 16-22, 2024, opinions

April 23, 2024

Designated for publication per curiam (voting against en banc rehearing: Richman, Stewart, Southwick, Haynes, Graves, Higginson, Willett, Douglas, Ramirez; voting for en banc rehearing: Jones, Smith, Elrod, Ho, Duncan, Engelhardt, Oldham, Wilson); Willett, J., concurring in denial of en banc rehearing; Ho, J., dissenting from denial of en banc rehearing; Oldham, J., dissenting from denial … More April 16-22, 2024, opinions

April 12-15, 2024, opinions

April 16, 2024

Designated for publication Stewart, J. (Richman, Stewart, Dennis), habeas corpus Affirming district court’s dismissal of second-in-time § 2254 petition as a successive habeas petition, rejecting argument that the fact that the appeal of the denial of the petitioner’s first-in-time § 2254 petition was still pending made his second-in-time petition merely an amendment of the first-in-time … More April 12-15, 2024, opinions

April 9, 2024, opinions

April 10, 2024

Designated for publication Ramirez, J. (Richman, Oldham, Ramirez), immigration Vacating judgment denying preliminary injunctive relief to nonimmigrants challenging the delay in processing their I-485 applications for adjustment of status from employment-based visas to lawful permanent residents, and remanding with instructions to dismiss for lack of subject-matter jurisdiction. The Court held, under the Immigration and Naturalization … More April 9, 2024, opinions

April 5-8, 2024, opinions

April 9, 2024

Designated for publication per curiam (King, Ho, Engelhardt), criminal, search and seizure, Miranda rights Affirming conviction of possession with intent to distribute heroin, fentanyl, and cocaine, upholding denial of motion to suppress. The Court held that the record contained sufficient evidence of probable cause to conduct a warrantless search of the defendant’s vehicle, obviating the … More April 5-8, 2024, opinions

March 27-30, 2024, opinions

April 2, 2024

Unpublished per curiam (Jones, Southwick, Ho), prisoner suit Affirming dismissal of Texas state prisoner’s suit as frivolous. per curiam (Wiener, Stewart, Douglas), criminal, sentencing Affirming imposition of standard supervised release terms as part of sentence for conviction of kidnapping, carjacking, and transportation of a stolen vehicle in interstate commerce. per curiam (Jolly, Smith, Haynes), criminal … More March 27-30, 2024, opinions

March 26, 2024, opinions

March 27, 2024

Designated for publication per curiam (Willett, Wilson, Ramirez), insurance, arbitration Reversing district court’s denial of motion to stay litigation and compel arbitration, and remanding with instructions to grant the motion. The plaintiff insured had a uniform policy allocated separately across ten insurers, eight domestic and two foreign, which contained an arbitration provision. After Hurrican Laura … More March 26, 2024, opinions

March 18, 2024, opinions

March 19, 2024

Designated for publication Higginson, J. (Smith, Southwick, Higginson), insurance Reversing district court’s judgment denying declaratory relief to insurer that argued that the Louisiana Oilfield Anti-Indemnity Act invalidated coverage for contracts by insured to engage in “drill-and-blast” salt mining, under the Act’s applicability to activities comprising “drilling for minerals.” District court had not reached that question, … More March 18, 2024, opinions

March 15, 2024, opinions

March 18, 2024

Designated for publication per curiam (voting against en banc rehearing: Jones, Smith, Stewart, Southwick, Haynes, Higginson, Willett, Duncan, Engelhardt, Oldham, Wilson, JJ.; voting for en banc rehearing: Richman, Elrod, Graves, Ho, Douglas, JJ.; recused: Ramirez, J.); Graves, J., dissenting from denial of en banc rehearing; ERISA Denying en banc rehearing of panel opinion reversing district … More March 15, 2024, opinions

March 11-12, 2024, opinions

March 13, 2024

Designated for publication Duncan, J. (Richman, Haynes, Duncan), Administrative Procedures Act, preemption, healthcare law Affirming in part and reversing in part district court’s judgment that Title X of the Public Health Service Act violates the plaintiff’s constitutional right to consent to the provision of contraceptive care to his minor daughters and that a regulation promulgated … More March 11-12, 2024, opinions