Designated for publication Ovalles v. Rosen, 17-60438, petition for review of BIA order Jones, J. (Jones, Smith, Elrod), immigration, equitable tolling On remand from the Supreme Court, denying petition for review of BIA order denying motion to reopen and failing to apply equitable tolling. The Court had originally dismissed the petition for review for lack … More Take the Fifth: Jan. 1 – 11, 2021 opinions
Unpublished Velazquez v. U.S., 19-10138, appeal from N.D. Tex. per curiam (Barksdale, Elrod, Ho), Federal Tort Claims Act, prisoner suit, jurisdiction Affirming 12(b)(1) dismissal of federal prisoner’s FTCA claim for injuries received responding to a fellow inmate’s calls for assistance, as the Inmate Accident Compensation Act provided the exclusive remedy. Jones v. Lubbock County Hospital … More Take the Fifth: Nov. 18, 2020 opinions
Designated for publication U.S. v. McKinney, 19-50801, appel from W.D. Tex. Southwick, J. (Owen, Davis, Southwick), criminal, search and seizure Vacating conviction and sentence based on conditional guilty plea to being a felon in possession of a firearm, holding that district court erred in denying motion to suppress evidence of discovery of firearm by an … More Take the Fifth: Nov. 16, 2020 opinions
Designated for publication Mi Familia Vota v. Abbott, 20-50907, appeal from W.D. Tex. per curiam (Owen, Davis, Southwick), election law, Covid-19, mask mandate On October 27, 2020, on a remand from the Fifth Circuit, the district court issued a preliminary injunction of one provision of Governor Abbott’s declaration regarding COVID-19-related election procedures in Texas–specifically, a … More Take the Fifth: Oct. 28, 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
Basic Capital Management, Inc. v. Dynex Capital, Inc., et al., 19-11272, appeal from N.D. Tex., designated for publication King, J. (King, Stewart, Southwick), commercial, fraudulent transfer, alter ego, limitations, res judicata Affirming 12(b)(6) dismissal on time-bar and res judicata grounds of plaintiffs’ complaint asserting claims fraudulent transfer and alter ego. Plaintiffs had gained a $55 … More Take the Fifth: Oct. 2, 2020 opinions
Texas Alliance for Retired Americans v. Hughs, 20-40643, Designated for Publication per curiam (Clement, Elrod, Haynes), elections law Staying district court’s preliminary injunction of enforcement of Texas House Bill 25, which would eliminate straight-ticket voting. HB25’s straight-ticket voting ban became effective September 1, 2020; District Court enjoined HB25 on September 25; early voting in Texas … More Take the Fifth: Sept. 30, 2020 opinions
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