Tag: immigration

March 13-14, 2023, opinions

March 15, 2023

Designated for publication Willett, J. (Graves, Willett, Engelhardt), insurance, preemption, sovereign immunity, standing Affirming dismissal of former federal employee’s claim against health insurer and federal Office of Personnel Management arising from the denial of coverage for proton therapy for cancer; district court had dismissed claims against OPM under sovereign immunity, and against Blue Cross on … More March 13-14, 2023, opinions

March 9-10, 2023, opinions

March 13, 2023

Designated for publication Higginbotham, J. (Higginbotham, Higginson, Oldham), Oldham, J., dissenting in part; qualified immunity Dismissing for lack of appellate jurisdiction officers’ appeal of denial of qualified immunity summary judgment on plaintiff’s excessive force claim against one officer, false arrest claim against four officers, and fabrication of evidence claim against another officer, arising from the … More March 9-10, 2023, opinions

March 3-6, 2023, opinions

March 7, 2023

Designated for publication per curiam (Wiener, Elrod, Engelhardt), immigration Denying Mexican citizen’s petition for review of BIA order issuing a final order of removal after IJ’s decision that he was ineligible for asylum because of a conviction of Texas aggravated robbery. Petitioner had been a lawful permanent resident of the U.S. since 2003. In 2014 … More March 3-6, 2023, opinions

March 1, 2023, opinions

March 2, 2023

Unpublished per curiam (Stewart, Dennis, Southwick), immigration Dismissing in part and denying in part Yemeni citizen’s petition for review of BIA order affirming IJ’s denial of application for cancellation of removal and protection under the CAT per curiam (King, Higginson, Willett), criminal, sentencing Affirming 42-month sentence on conviction of illegal reentry. per curiam (Stewart, Duncan, … More March 1, 2023, opinions

February 28, 2023, opinions

March 1, 2023

Designated for publication Engelhardt, J. (Graves, Willett, Engelhardt), criminal, jurisdiction, Miranda Reversing dismissal of indictments in international bribery and money laundering cases, and reversing granting of motion to suppress, and remanding for further proceedings. The Court first held that the district court erred in holding that it did not have jurisdiction over the cases based … More February 28, 2023, opinions

February 15, 2023, opinions

February 16, 2023

Designated for publication Jones, J. (Jones, Southwick, Oldham), § 1983, qualified immunity Affirming dismissal of claims arising from conviction and thirty years of incarceration for capital murder and subsequent release of original plaintiff upon determination that someone else committed the murder. District court dismissed claims under 12(b)(6) against the DA and former coroner upon finding … More February 15, 2023, opinions

February 14, 2023, opinions

February 15, 2023

Designated for publication Ho, J. (Graves, Ho, Duncan), qualified immunity Reversing denial of qualified immunity to Secretary of Louisiana Department of Public Safety and Corrections on claims arising from the detention of inmates past the end of their sentences. The Court held that, while the detention of inmates past the end of their sentences violates … More February 14, 2023, opinions

February 13, 2023, opinions

February 14, 2023

Designated for publication per curiam (Graves, Ho, Duncan), Duncan, J., concurring in judgment (joined by Ho, J.); criminal, supervised release After guilty plea to conviction of illegal reentry, with 27-month sentence, Court vacated supervised release condition that defendant self-deport if, after release from confinement, immigration officials decline to take custody of him and deport him. … More February 13, 2023, opinions

February 9, 2023, opinions

February 10, 2023

Unpublished per curiam (Smith, Clement, Wilson), criminal, search and seizure Affirming conviction of possession with intent to distribute 5F-AMB (synthetic marijuana), upholding district court’s denial of motion to suppress. per curiam (King, Higginson, Willett), criminal Affirming conviction for illegal reentry. per curiam (Higginbotham, Graves, Ho), immigration Dismissing as moot Honduran citizen’s petition for review of … More February 9, 2023, opinions