Tag: immigration

October 24, 2022, opinions

October 25, 2022

Unpublished per curiam (Haynes, Engelhardt, Oldham), Rooker-Feldman doctrine Dismissing as frivolous appeal from dismissal of RICO claims under the Rooker-Feldman doctrine. per curiam (Smith, Dennis, Southwick), criminal, compassionate release Affirming denial of motion for compassionate release. per curiam (Jolly, Oldham, Wilson), criminal, compassionate release Affirming denial of motion for compassionate release. per curiam (Jones, Haynes, … More October 24, 2022, opinions

October 20, 2022, opinions

October 21, 2022

Designated for publication Jolly, J. (Jolly, Willett, Oldham), Natural Gas Act Granting in part and denying in part BP’s petitions for review of FERC enforcement orders against BP that, in the wake of Hurricane Ike in 2008, BP exploited resulting chaos in the commodities markets to manipulate the natural gas market, which orders levied a … More October 20, 2022, opinions

October 18, 2022, opinions

October 19, 2022

Unpublished per curiam (Elrod, Graves, Ho), prisoner suit Dismissing as frivolous appeal from dismissal of prisoner’s § 1983 claim. per curiam (Jolly, Jones, Ho), criminal, sentencing Affirming conviction and sentence for illegal reentry. per curiam (Davis, Smith, Dennis), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (King, Higginson, Willett), immigration Denying Ecuadoran … More October 18, 2022, opinions

October 11-17, 2022, opinions

October 18, 2022

Designated for publication Wilson, J. (Dennis, Southwick, Wilson), Dennis, J., dissenting in part; criminal, sufficiency of evidence, restitution, competence, severance, search and seizure, Brady violation Affirming in part, vacating in part, and remanding for further proceedings on convictions and sentences arising from RICO conspiracy, drug trafficking, firearms, and murder charges related to violent gang activity. … More October 11-17, 2022, opinions

October 10, 2022, opinions

October 11, 2022

Unpublished per curiam (Jones, Southwick, Ho), criminal, Batson challenge, sufficiency of evidence Affirming three defendants’ convictions on conspiracy, drug, and firearm charges. per curiam (Jones, Southwick, Ho), immigration Denying Mexican citizen’s petition for review of BIA order denying motions to reconsider and reopen. per curiam (Smith, Dennis, Southwick), immigration Denying in part and dismissing in … More October 10, 2022, opinions

October 7, 2022, opinions

October 10, 2022

Designated for publication Jones, J. (Jones, Southwick (Costa had been on panel but resigned before opinion released, so opinion is issued by a quorum of the panel)); bankruptcy Affirming dismissal of avoidance and recovery claims related to payments under a prior settlement agreement, but reversing dismissal of avoidance and recovery claims related to two payments … More October 7, 2022, opinions

October 6, 2022, opinions

October 7, 2022

Designated for publication per curiam (Higginbotham, Graves, Ho), bankruptcy Affirming district court’s judgment accepting debtor’s decision under 11 U.S.C. § 365 to reject commercial lease (including sublease to appealing claimant) under the business judgment rule, and rejecting claimant’s argument that bad faith in a third party’s negotiations with the claimant tainted the decision to reject … More October 6, 2022, opinions

October 4-5, 2022, opinions

October 6, 2022

Designated for publication per curiam (Clement, Duncan, Wilson), prisoner suit, First Amendment Affirming summary judgment dismissal of Texas state prisoner’s § 1983 claims that confiscation of religious materials violated his First Amendment rights. The Court held that TDJC policies regarding storage of personal property and the confiscation of any personal property not stored properly according … More October 4-5, 2022, opinions

October 3, 2022, opinions

October 4, 2022

Designated for publication per curiam (Jolly, Higginson, Engelhardt), Engelhardt, J., concurring; insurance, remand, diversity jurisdiction, removal Affirming denial of motion for remand, but reversing summary judgment in favor of insurer on coverage dispute arising from insurer’s denial of plaintiff’s Hurricane Harvey-related property damage coverage claims on the basis of an exclusion for pre-existing wear and … More October 3, 2022, opinions

September 30, 2022, opinions

October 3, 2022

Designated for publication Smith, J. (Smith, Duncan, Oldham), Oldham, J., dissenting; immigration Denying Mexican citizen’s petition for review of BIA order dismissing appeal of IJ order that IJ lacked jurisdiction to decide application for cancelation of a reinstatement of removal under the Violence Against Women Act. The Court held that, under the rule of orderliness, … More September 30, 2022, opinions