Designated for publication per curiam (Jones, Dennis, Douglas), immigration Denying Honduran citizen’s petition for review of BIA order denying motion to reopen removal proceedings for adjustment of status based on marriage to U.S. citizen. The Court held that the petitioner was never previously validly admitted to the U.S. as a nonimmigrant because, while he had … More March 4, 2024, opinions
Designated for publication per curiam (voting against en banc rehearing: Richman, Jones, Smith, Southwick, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson; voting for en banc rehearing: Stewart, Elrod, Haynes, Graves, Higginson, Douglas, Ramirez); Elrod, J., dissenting (joined by Stewart, Graves, Higginson, Douglas, JJ.); Douglas, J., dissenting (joined by Graves, Higginson, JJ., and by Elrod, J., as … More February 29, 2024, opinions
Designated for publication Dennis, J. (Stewart, Dennis, Higginson), Higginson, J., dissenting; False Claims Act Affirming dismissal for lack of subject-matter jurisdiction of former employee’s False Claims Act claims against former employer, claiming retaliation for reporting fraudulent misrepresentations made to the Navy, and summary judgment dismissal of remaining claim; holding that “the district court correctly held … More February 14-16, 2024, opinions
Designated for publication Douglas, J. (Graves, Higginson, Douglas), Fair Labor Standards Act Granting petition for panel rehearing, and substituting new opinion in place of August 16, 2023, panel opinion that had affirmed the district court’s order certifying a collective action under the FLSA for a claim by the facility’s drug rehabilitation patients who were assigned … More February 9, 2024, opinions
Designated for publication Southwick, J. (Southwick, Haynes, Higginson), Higginson, J., dissenting, sec. 1983, standing On holding that plaintiff lacked standing, vacating district court’s judgment that plaintiff–incarcerated capital inmate–had shown that a provision of Texas’s DNA testing statute was unconstitutional and that he was entitled to DNA testing, and remanding for dismissal of action for lack … More February 8, 2024, opinions
Designated for publication per curiam (Richman, Jones, Stewart, Southwick, Haynes, Graves, Higginson, Engelhardt, Wilson, Douglas, Ramirez, JJ., voting against en banc rehearing; Smith, Elrod, Willett, Ho, Duncan, Oldham, JJ., voting for en banc rehearing); Clement, J., concurring in denial of rehearing en banc (joined by Jones, Stewart, Graves, Higginson, Engelhardt, Wilson, Douglas, Ramirez); Ho, J., … More February 5-7, 2024, opinions
Designated for publication Wilson, J. (Southwick, Engelhardt, Wilson), criminal, First Step Act, habeas corpus Affirming denial of sentence reduction under the First Step Act in defendants’ successive § 2255 petition. The Court held that § 403 of the First Step Act was not applicable to reduce the mandatory minimum sentence where the initial sentence had … More February 2, 2024, opinions
Designated for publication Graves, J. (Graves, Higginson, Ho), Ho, J., would affirm (but no dissenting opinion filed); prisoner suit Reversing summary judgment in favor of prisoner officials on basis of failure to exhaust administrative remedies with regard to Texas state prisoner’s § 1983 suit alleging that prison officials failed to prevent his assault by another … More January 31, 2024, opinions
Designated for publication Douglas, J. (King, Willett, Douglas), Lanham Act, trademark infringement The Court affirmed a finding of infringement of Rolex’s trademarks by an aftermarket modifier of vintage Rolex watches. The Court found that the defendant’s aftermarket modifications were so extensive that it would be a “misnomer” to attach the Rolex marks, and that it … More January 26, 2024, opinions
Unpublished per curiam (Richman, Haynes, Duncan), qualified immunity Affirming summary judgment dismissal of excessive force and false arrest claims on qualified immunity grounds, reversing denial of qualified immunity on fabrication of evidence claim, and remanding for entry of summary judgment dismissing all claims. per curiam (Clement, Engelhardt, Ramirez), prisoner suit Dismissing as frivolous appeal from … More January 19, 2024, opinions
