Tag: jurisdiction

February 8, 2023, opinions

February 9, 2023

Designated for publication Engelhardt, J. (Graves, Willett, Engelhardt), criminal, vagueness, timeliness, jurisdiction, Miranda rights Reversing judgment suppressing defendants’ statements made during an interview and dismissing counts against defendants arising from international bribery scheme, and remanding for further proceedings. The Court reversed the district court’s judgment that it lacked subject-matter jurisdiction under the Foreign Corrupt Practices … More February 8, 2023, opinions

February 2, 2023, opinions

February 3, 2023

Designated for publication Wilson, J. (Jones, Ho, Wilson), Ho, J., concurring; criminal, Second Amendment Vacating conviction for possession of a firearm by someone subject to a domestic violence restraining order, declaring 18 USC § 922(g)(8) facially unconstitutional in light of N.Y. State Rifle & Pistol Ass’n, Inc. v. Bruen, 142 S. Ct. 2111 (2022). After … More February 2, 2023, opinions

December 15, 2022, opinions

December 16, 2022

Designated for publication Ho, J. (Richman, Ho, Engelhardt), Richman, C.J., concurring; immigration Denying Salvadoran citizen’s petition for review of BIA order affirming IJ’s denial of motion to reopen proceedings for removal in absentia. The Court held that the IJ did not err in finding that the failure to provide the petitioner with a Notice to … More December 15, 2022, opinions

December 12, 2022, opinions

December 13, 2022

Unpublished per curiam (Higginbotham, Graves, Ho), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Clement, Southwick, Engelhardt), jurisdiction, sanctions Affirming dismissal of suit for lack of federal question or diversity jurisdiction, but vacating sanction of pre-filing injunction as to future suits and remanding for considering less stringent sanctions or a sanction warning. … More December 12, 2022, opinions

September 8, 2022, opinions

September 9, 2022

Designated for publication Richman, C.J. (Richman, Barksdale, Duncan), qualified immunity Denying petition for rehearing en banc, withdrawing February 15, 2022, panel opinion and substituting new opinion, again reversing the denial of qualified immunity on the plaintiff’s excessive force claims and rendering judgment dismissing those claims, but expressing no opinion on unlawful arrest and bystander injury … More September 8, 2022, opinions

August 16, 2022, opinions

August 17, 2022

Designated for publication Huskey v. Jones, 19-60588, appeal from N.D. Miss. Stewart, J. (Higginbotham, Stewart, Wilson), prisoner suit Reversing summary judgment dismissing plaintiff’s suit arising from conduct while he was incarcerated at the Mississippi State Penitentiary. The Court held that the plaintiff showed a genuine issue of fact as to the availability of administrative remedies. … More August 16, 2022, opinions

April 20, 2022, opinions

April 21, 2022

Designated for publication Vista Health Plan, Inc. v. U.S. Department of Health and Human Services, 20-50963, appeal from W.D. Tex. Wilson, J. (Higginbotham, Stewart, Wilson), Affordable Care Act, finality of judgment Withdrawing panel opinion from March 17, 2022, which affirmed district court’s summary judgment in favor of HHS defendants on plaintiff insurer’s challenge to HHS … More April 20, 2022, opinions

March 10-11, 2022, opinions

March 21, 2022

Designated for publication Fakhuri v. Garland, 19-60275, petition for review of BIA order Smith, J. (Smith, Costa, Wilson), immigration Denying in part and dismissing in part Jordanian citizen’s (and legal permanent resident’s) petition for review of BIA order sustaining IJ’s determination that Tennessee conviction of money laundering was an “aggravated felony” supporting removal, on basis … More March 10-11, 2022, opinions