Tag: immigration

Take the Fifth: Jan. 29, 2021 opinions

January 31, 2021

Designated for publication Miller v. Sam Houston State University, 19-20752, appeal from S.D. Tex. Wilson, J. (Jolly, Southwick, Wilson), Title VII, employment discrimination, judicial bias Reversing dismissal of claims, remanding for further proceedings, and ordering that cases be reassigned to a new judge upon remand. “From the outset of these [consolidated] suits, the district judge’s … More Take the Fifth: Jan. 29, 2021 opinions

Take the Fifth: Jan. 27, 2021 opinions

January 28, 2021

Designated for publication Munoz-Rivera v. Wilkinson, 19-60376, petition for review of BIA order per curiam (Owen, Graves, Ho), immigration Dismissing petition for review of cancellation of removal order upon determining that “the use of an unauthorized social security number constitutes a crime involving moral turpitude (CIMT) such that petitioner is ineligible for cancellation of his … More Take the Fifth: Jan. 27, 2021 opinions

Take the Fifth: Jan. 25 and 26, 2021 opinions

January 27, 2021

Designated for publication U.S. v. Coto-Mendoza, 20-10451, appeal from N.D. Tex. Haynes, J. (Haynes, Duncan, Engelhardt), criminal, sentencing Affirming 37-month prison sentence on guilty plea of illegal reentry, finding that district court’s sentence was not procedurally unreasonable on the basis of the district court’s explanation of its sentencing decision. Defendant, an El Salvadoran citizen, had … More Take the Fifth: Jan. 25 and 26, 2021 opinions

Take the Fifth: Jan. 19, 2021 opinions

January 20, 2021

Designated for publication Brown v. Tarrant County, Texas, 19-10594, appeal from N.D. Tex. Duncan, J. (Clement, Ho, Duncan), § 1983, qualified immunity Affirming dismissal of civilly committed violent sex offender’s § 1983 claims against county and sheriff for a 20-day confinement in the county jail during which he did not receive his sex-offender treatment. The … More Take the Fifth: Jan. 19, 2021 opinions

Take the Fifth: Jan. 15, 2021 opinions

January 19, 2021

Unpublished U.S. v. Lott, 19-20726, appeal from S.D. Tex. per curiam (Clement, Higginson, Engelhardt), criminal, sentencing Affirming conviction and 60-month sentence for bank fraud. Hoffman v. Furr, 19-40913, appeal from S.D. Tex. per curiam (Barksdale, Graves, Oldham), prisoner suit Affirming dismissal of prisoner suit arising from administration of insulin to plaintiff, and issuing strike for … More Take the Fifth: Jan. 15, 2021 opinions

Take the Fifth: Jan. 1 – 11, 2021 opinions

January 12, 2021

Designated for publication Ovalles v. Rosen, 17-60438, petition for review of BIA order Jones, J. (Jones, Smith, Elrod), immigration, equitable tolling On remand from the Supreme Court, denying petition for review of BIA order denying motion to reopen and failing to apply equitable tolling. The Court had originally dismissed the petition for review for lack … More Take the Fifth: Jan. 1 – 11, 2021 opinions

Take the Fifth: Dec. 26-31, 2020 opinions

January 9, 2021

Designated for publication Daves v. Dallas County, 18-11368, appeal from N.D. Tex. Southwick, J. (Southwick, Graves, Engelhardt), cash bail, § 1983, Equal Protection, Due Process, sovereign immunity, Ex Parte Young Affirming preliminary injunction against imposition of cash bail on indigent arrestees as unconstitutional, with modifications to injunction to not apply to criminal district court judges … More Take the Fifth: Dec. 26-31, 2020 opinions

Take the Fifth: Dec. 21-24 opinions

January 4, 2021

Designated for publication Taylor v. Stevens, 17-10253, appeal from N.D. Tex. per curiam (Owen, Jones, Smith), qualified immunity, § 1983, Eighth Amendment On remand from the Supreme Court, vacating its earlier decision reversing in part and remanding dismissal of Eighth Amendment conditions-of-confinement claims on qualified immunity grounds, and remanding case in its entirety. Texas v. … More Take the Fifth: Dec. 21-24 opinions

Take the Fifth: Dec. 15, 2020 opinions

December 16, 2020

Designated for publication Cohen v. Gilmore, 19-20152, appeal from S.D. Tex. Graves, J. (Graves, Costa, Engelhardt), fraudulent transfer Affirming in part and vacating in part rulings of the state trial court entered prior to bankruptcy removal, and remanding to the federal district court for further proceedings. Plaintiff brought claim for fraudulent transfer in a real … More Take the Fifth: Dec. 15, 2020 opinions

Take the Fifth: Dec. 11 and 14, 2020 opinions

December 15, 2020

Designated for publication Stelly v. Duriso, 19-20160, appeal from S.D. Tex. Haynes, J. (Jones, Haynes, Ho), Ho. J., concurring in part; intentional infliction of emotional distress, employment discrimination Vacating district court’s default judgment in favor of plaintiff on intentional infliction of emotional distress (“IIED”) claim against individual defendant in lawsuit against unions and maritime association … More Take the Fifth: Dec. 11 and 14, 2020 opinions