Tag: immigration

Take the Fifth: Nov. 25, 2020 opinions

November 26, 2020

Unpublished Leyva v. Barr, 17-60686, petition for review of BIA order per curiam (Owen, Jones, Stewart), immigration Affirming decision of BIA dismissing appeal of IJ decision ordering removal and denying motion to reopen. Scott v. Texas Department of Criminal Justice, 19-40923, appeal from E.D. Tex. per curiam (Higginbotham, Jones, Costa), prisoner suit, frivolous Affirming dismissal … More Take the Fifth: Nov. 25, 2020 opinions

Take the Fifth: Nov. 19 and 20, 2020 opinions

November 23, 2020

Designated for publication Joseph v. Bartlett, 19-30014, appeal from E.D. La. Willett, J. (Elrod, Willett, Oldham), Oldham, J., concurring; excessive force, qualified immunity Affirming district court’s denial of qualified immunity-based summary judgment in favor of two defendant officers who repeatedly tased and struck a young man (who subsequently died), reversing the district court’s qualified immunity … More Take the Fifth: Nov. 19 and 20, 2020 opinions

Take the Fifth: Nov. 13, 2020 opinions

November 16, 2020

Designated for publication U.S. v. Batiste, 19-30927, appeal from E.D. La. Engelhardt, J., (Graves, Costa, Engelhardt), criminal, sentencing, First Step Act Affirming in part sentence of imprisonment and denial of sentence-reduction under the First Step Act, but remanding in part the portion of the sentence regarding the term of supervised release for the district court … More Take the Fifth: Nov. 13, 2020 opinions

Take the Fifth: Nov. 12, 2020 opinions

November 13, 2020

Designated for publication Richardson v. Hughs, 20-50774, appeal from W.D. Tex. Smith, J. (Higginbotham, Smith, Oldham), intervention, election law Denying motion to intervene on appeal, by plaintiff in similar but separate case. This motion arises from two lawsuits challenging Texas’s signature-verification scheme for absentee ballots. Noting that, “[p]erhaps because there is no rule explicitly allowing … More Take the Fifth: Nov. 12, 2020 opinions

Take the Fifth: Nov. 9 and 10, 2020 opinions

November 11, 2020

Designated for publication U.S. v. Cooper, 19-50119, appeal from W.D. Tex. Elrod, J. (Elrod, Duncan, Wilson), criminal, guilty plea Affirming conviction on use or possession of a firearm in furtherance of a drug trafficking offense, where defendant had pled guilty, finding sufficient factual bases to support plea; but remanding to correct that plea was to … More Take the Fifth: Nov. 9 and 10, 2020 opinions

Take the Fifth: Nov. 2-6, 2020 opinions

November 9, 2020

Designated for publication Pizza Inn, Inc. v. Clairday, 19-11302, appeal from N.D. Tex. Smith, J. (Smith, Clement, Oldham), breach of contract, equitable intervention doctrine Reversing district court’s upholding of jury verdict in favor of franchisee, applying equitable intervention doctrine and awarding damages and attorneys’ fees to franchisee for pizza franchise’s refusal to renew contract when … More Take the Fifth: Nov. 2-6, 2020 opinions

Take the Fifth: Oct. 27, 2020 opinions

October 28, 2020

Designated for publication U.S. v. Ramirez, 19-20098, appeal from S.D. Tex. Oldham, J. (Smith, Clement, Oldham), criminal, sentencing Affirming the district court’s sentencing of defendant to 300 months’ imprisonment for health care fraud. Court held that there was no error in district court’s reliance on presentencing report to impose a 26-point adjustment to defendant’s sentencing … More Take the Fifth: Oct. 27, 2020 opinions

Take the Fifth: Oct. 26, 2020 opinions

October 27, 2020

Designated for publication Londono-Gonzalez v. Barr, 16-60766, petition for review of BIA order, on remand from U.S. Supreme Ct. Elrod, J. (Higginbotham, Elrod, Duncan), immigration, equitable tolling Denying petition for review of BIA order. Court held that “uncertain legal terrain does not create an obstacle that stands in the way of an individual meeting the … More Take the Fifth: Oct. 26, 2020 opinions

Take the Fifth: Oct. 23, 2020 opinions

October 26, 2020

Designated for publication In the Matter of: Ward, 18-10469, appeal from N.D. Tex. Owen, C.J. (Owen, Clement, Ho), bankruptcy, timeliness Affirming district court’s judgment that the bankruptcy court did not err in finding creditors’ complaint seeking denial of debtor’s discharge was timely and in entering an order denying discharge under 11 U.S.C. § 727(a)(4)(A) and … More Take the Fifth: Oct. 23, 2020 opinions

Take the Fifth: Oct. 22, 2020 opinions

October 23, 2020

Designated for publication Whole Woman’s Health v. Paxton, 17-51060, appeal from W.D. Tex., designated for publication Dennis, J. (Stewart, Dennis, Willett), Willett, J., dissenting; abortion law; Opinion originally released on October 13, 2020; released in “MODIFIED” form on Oct. 22 in order to append Judge Willett’s dissent; Take the Fifth‘s original summary of the majority … More Take the Fifth: Oct. 22, 2020 opinions