July 29, 2021 opinions

Designated for publication Vazquez-Guerra v. Garland, 18-60828, petition for review of BIA order Ho, J. (Smith, Graves, Ho), immigration Denying petition for review of Mexican citizen’s petition for review of BIA order dismissing appeal of IJ order denying asylum and withholding of removal for her and her minor daughter based on an expressed fear that … More July 29, 2021 opinions

Take the Fifth: Feb. 11 and 12, 2021 opinion

Designated for publication DM Arbor Court, Ltd. v. City of Houston, 20-20194, appeal from S.D. Tex. Costa, J. (Davis, Southwick, Costa), ripeness Vacating district court’s dismissal of suit on ripeness grounds, and remanding for further proceedings. Plaintiff had brought suit challenging the refusal by the City to grant permits for repairs to apartments that had … More Take the Fifth: Feb. 11 and 12, 2021 opinion

Take the Fifth: Dec. 7 and 8, 2020 opinions

Designated for publication U.S. v. Lipscomb, 18-11168, appeal from N.D. Tex. Clement, J. (Clement, Ho, Duncan), habeas corpus, Armed Career Criminal Act Vacating district court’s grant of § 2255 petition and remanding to reinstate original sentence. Petitioner had been convicted as a felon in possession of a firearm after being apprehended with a sawed-off shotgun … More Take the Fifth: Dec. 7 and 8, 2020 opinions

Take the Fifth: Oct. 9, 2020 opinions

U.S. v. Strother, 19-40361, appeal from E.D. Tex., designated for publication Higginson, J. (Higgonbotham, Jones, Higginson), criminal, sentencing, guilty plea Affirming conviction and sentence. Defendant had pled guilty to possession of a firearm by a felon. Thereafter, his counsel successfully moved to withdraw as counsel, and defendant filed a pro se motion to withdraw his … More Take the Fifth: Oct. 9, 2020 opinions