Unpublished per curiam (Stewart, Dennis, Southwick), immigration Dismissing in part and denying in part Yemeni citizen’s petition for review of BIA order affirming IJ’s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
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
Designated for publication per curiam (en banc Court); Clean Air Act, standing Ordering en banc rehearing, and vacating panel opinions in matter from July 29, 2020 (968 F.3d 357; Davis, Costa, Oldham; opinion by Costa, J.; dissent in part by Oldham, J.) and August 30, 2022 (47 F.4th 408; Davis, Costa, Oldham; opinion by Costa, … More February 27, 2023, opinions
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
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
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
Unpublished per curiam (Smith, Clement, Wilson), criminal, search and seizure Affirming conviction of possession with intent to distribute 5F-AMB (synthetic marijuana),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
Designated for publication Engelhardt, J. (Graves, Willett, Engelhardt), criminal, vagueness, timeliness, jurisdiction, Miranda rights Reversing judgment suppressing defendants’ statements made during an interview and dismissing counts against defendants arising from international bribery scheme, and remanding for further proceedings. The Court reversed the district court’s judgment that it lacked subject-matter jurisdiction under the Foreign Corrupt Practices … More February 8, 2023, opinions
Unpublished per curiam (Smith, Clement, Wilson), criminal Affirming conviction of assaulting a federal officer. per curiam (Smith, Clement, Wilson), immigration Denying in part and dismissing in part Mexican 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 (Wiener, Elrod, Engelhardt), criminal … More February 7, 2023, opinions
Designated for publication per curiam (Richman, King, Higginson), prisoner suit, Eighth Amendment, qualified immunity Reversing in part, affirming in part, and remanding from district court’s summary judgment dismissal of Texas state inmate’s pro se First and Eighth Amendment claims against officials at the Texas Department of Criminal Justice arising out of a housing transfer and … More February 6, 2023, opinion
