Tag: immigration

December 17, 2025, opinions

December 18, 2025

Designated for publication per curiam (en banc denial from Richman, Graves, Ramirez, JJ.) (voting for rehearing: Elrod, C.J., Jones, Smith, Oldham, JJ.; voting against rehearing: Stewart, Richman, Southwick, Haynes, Graves, Higginson, Willett, Ho, Duncan, Englehardt, Wilson, Douglas, Ramirez, JJ.) (oral argument on original panel hearing), Ho, J., concurring in denial of rehearing; Oldham, J., dissenting … More December 17, 2025, opinions

December 15, 2025, opinions

December 16, 2025

Designated for publication per curiam (King, Jones, Wilson) (oral argument), insurance, certification Affirming dismissal of claims against Uber’s insurer by Uber passenger for hit-and-run accident, on basis of Louisiana law allowing transportation network companies to reject uninsured motorist coverage; and denying motion to certify question to the Louisiana Supreme Court. The plaintiff, Santo Guerrera, sued … More December 15, 2025, opinions

December 12, 2025, opinions

December 16, 2025

Designated for publication Wiener, J. (Wiener, Engelhardt, Oldham) (oral argument), criminal, sufficiency of evidence, judicial estoppel Affirming convictions of conspiracy and healthcare fraud involving the hospice care reimbursement benefit available through Medicare. The Fifth Circuit affirmed the convictions of Kristal Glover-Wing for one count of conspiracy and three counts of healthcare fraud arising out of … More December 12, 2025, opinions

December 9, 2025, opinions

December 12, 2025

Designated for publication Jones, J. (Jones, Stewart, Ramirez) (oral argument), Medicaid Vacating summary judgment for plaintiff hospitals in challenge to Department of Health and Human Services regulation “that penalizes hospitals in states that have pursued alternatives to Medicaid expansion,” and remanding for further proceedings. A group of Texas hospitals challenged a 2023 regulation issued by … More December 9, 2025, opinions

December 4, 2025, opinions

December 10, 2025

Designated for publication Smith, J. (Smith, Stewart, Haynes) (no oral argument), bankruptcy Affirming bankruptcy court’s dismissal of creditor’s claim for contribution. The court affirmed the bankruptcy court (and district court) in rejecting Spin’s claim that it should be paid under a receivables-sale agreement with Jet Oilfield Services (“Jet”). Under the agreement, Spin paid Jet $3,000,000 … More December 4, 2025, opinions

December 2, 2025, opinions

December 3, 2025

Designated for publication Clement, J. (Clement, Graves, Ho) (no oral argument), criminal, sentencing Vacating sentence in part and remanding for conformance of the written judgment of terms of supervised release with oral pronouncement. The Fifth Circuit confronted a recurring post-Diggles question: what should be done when a written judgment includes unpronounced discretionary conditions of supervised … More December 2, 2025, opinions

December 1, 2025, opinions

December 2, 2025

Designated for publication Rodriguez, J. (Jones, Graves, Rodriguez, by designation) (oral argument withdrawn), Graves, J., dissenting in part; criminal, Second Amendment, sentencing Affirming conviction and 70-month sentence for possession of a firearm by a felon. McCree was arrested after fleeing from police and discarding a loaded Glock while carrying five rocks of crack cocaine and … More December 1, 2025, opinions

November 26, 2025, opinions

November 28, 2025

Published decisions per curiam (Smith, Haynes, Oldham) (no oral argument), Haynes, J., dissenting in footnote; immigration Denying motion for stay of removal, on basis that “[e]quitable relief—even if it is ‘temporary’ or ‘short’—is never a matter of right or convenience.” In a footnote, Judge Haynes expressed her disagreement, and “would grant a short temporary stay … More November 26, 2025, opinions

November 25, 2025, opinions

November 28, 2025

Designated for publication Smith, J. (Smith, Dennis, Richman) (oral argument), Dennis, J., dissenting in part; criminal, sentencing Affirming conviction and sentence for possession of a firearm as an alien admitted under a nonimmigrant visa. The Fifth Circuit affirmed Moctar Ahmadou’s conviction and 78-month sentence for possessing a firearm as a nonimmigrant under 18 U.S.C. § … More November 25, 2025, opinions

November 24, 2025, opinions

November 25, 2025

Designated for publication Duncan, J. (Smith, Graves, Duncan) (no oral argument), diversity jurisdiction, commercial litigation Affirming that diversity jurisdiction exists, and affirming summary judgment for lender/plaintiff holding defendants liable as guarantors for loans made by Appellees Cadence Bank and Century Bank. The Banks made two large loans to Bridgelink Engineering LLC (which the Johnsons managed) … More November 24, 2025, opinions