June 1-3, 2022, opinions

(Still in catch-up mode here, so the opinions designated for publication will get the same brief treatment as the unpublished opinions …) Designated for publication Davis v. Lumpkin, 19-20873, appeal from S.D. Tex. Southwick, J. (Smith, Wiener, Southwick), prisoner suit Affirming in part dismissal of prisoner’s § 1983 action, vacating in part, and remanding. Bertrand … More June 1-3, 2022, opinions

April 27, 2022, opinions

Designated for publication Edwards Family Partnership, L.P. v. Johnson, 20-61011, appeal from S.D. Miss. Higginson, J. (Dennis, Higginson, Costa), bankruptcy Affirming in part, reversing in part, and remanding from district court’s order reversing in part and affirming in part the bankruptcy court’s orders arising from $17.8 million claimed by companies controlled by Dr. Charles Edwards … More April 27, 2022, opinions

March 14-18, 2022, opinions

Designated for publication U.S. v. Castro, 18-10137, appeal from N.D. Tex. Oldham, J. (Ho, Oldham, Wilson), habeas corpus Denying petition for rehearing, but withdrawing prior panel opinion and substituting new opinion that vacates Certificate of Appealability and dismisses appeal from denial of § 2255 petition. The Court held that it had the power to vacate … More March 14-18, 2022, opinions

March 1-4, 2022, opinions

Designated for publication Collins v. Yellen, 17-20364, appeal from S.D. Tex. per curiam (joined by Owen, Jones, Smith, Elrod, Southwick, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, JJ.); Haynes, J., dissenting, joined by Stewart, Dennis, Graves, Costa, JJ.); separation of powers After partial vacatur and remand by U.S. Supreme Court of en banc decision at … More March 1-4, 2022, opinions

October 21-25, 2021, opinions

Designated for publication Ghedi v. Mayorkas, 20-10995, appeal from N.D. Tex. Willett, J. (Stewart, Costa, Willett), Fourth Amendment, Administrative Procedures Act Affirming dismissal of plaintiff’s Fourth Amendment and APA claims against various federal officials in their official capacities arising from being subjected to air travel restrictions and inconveniences. While the Court disagreed with the district … More October 21-25, 2021, opinions

September 27-28, 2021 opinions

Designated for publication Rodriguez v. Garland, 20-60008, petition for appeal pf BIA order Higginbotham, J. (Higginbotham, Willett, Duncan), immigration Granting Uruguayan citizen’s petition for review of BIA order dismissing appeal from IJ’s denial of his motion to reopen removal proceedings and rescind his absentia removal order, and remanding for further proceedings consistent with Niz-Chavez v. … More September 27-28, 2021 opinions

June 17, 2021 opinions

Designated for publication SED Holdings, LLC v. St. John, 19-20841, appeal from S.D. Tex. Duncan, J. (Haynes, Duncan, Engelhardt), fraud, breach of contract, res judicata, judicial estoppel Affirming judgment of fraud, but finding damages excessive and remanding for remittitur, and vacating judgment of breach of contract, and remanding for further proceedings. This case arose from … More June 17, 2021 opinions