October 13-14, 2021 opinions

Designated for publication Hawkins v. U.S. Department of Housing and Urban Development, 20-20281, appeal from S.D. Tex. Wiener, J. (Wiener, Dennis, Duncan), Duncan, J., dissenting; Administrative Procedure Act, Fair Housing Act Reversing district court’s dismissal of plaintiffs’ APA and FHA claims against HUD, holding that HUD is bound by its prior self-imposed obligation to provide … More October 13-14, 2021 opinions

October 12, 2021 opinions

Designated for publication Securities and Exchange Commission v. Blackburn, 20-30464, appeal from E.D. La. Costa, J. (Dennis, Higginson, Costa), securities law Affirming the district court’s summary judgment in favor of the SEC against three defendants for selling unregistered securities and misleading investors in operating a penny stock company, and affirming remedy of disgorgement of defendants’ … More October 12, 2021 opinions

October 6, 2021 opinions

Designated for publication U.S. v. Gardner, 20-50481, appeal from W.D. Tex. Higginbotham, J. (Higginbotham, Stewart, Wilson), criminal, guilty plea Vacating conviction for possession with intent to distribute a mixture or substance containing a detectable amount of methamphetamine, and remanding for district court to hold an evidentiary hearing on defendant’s motion to withdraw his guilty plea. … More October 6, 2021 opinions

October 5, 2021 opinions

Designated for publication Lefebure v. D’Aquilla, 19-30702, c/w 19-30989, appeal from M.D. La. Ho, J. (Owen, Graves, Ho), Graves, J., dissenting; standing Treating petition for rehearing en banc as a petition for panel rehearing, and denying petition for panel rehearing, but withdrawing Feb. 9, 2021 opinion and substituting with new opinion with same result–reversing judgment … More October 5, 2021 opinions

October 1-4, 2021 opinions

Designated for publication Goldring v. U.S., 20-30723, appeal from E.D. La. Engelhardt, J. (Jones, Southwick, Engelhardt), tax Affirming in part and reversing in part district court’s summary judgment in favor of government dismissing taxpayers’ refund claims in their entirety. In separate litigation, one of the taxpayers had prevailed in a suit to have her stock … More October 1-4, 2021 opinions

September 30, 2021 opinions

Designated for publication Adams v. All Coast, L.L.C., 19-30907, appeal from W.D. La. per curiam (Smith, Clement, Oldham), Fair Labor Standards Act, maritime law Denying petition for en banc rehearing (Judges Jones and Elrod voting for rehearing; Chief Judge Owen and Judges Smith, Stewart, Dennis, Southwick, Haynes, Graves, Higginson, Costa, Willett, Ho, Duncan, Engelhardt, Oldham, … More September 30, 2021 opinions

September 29, 2021 opinions

Designated for publication Johnson v. BOKF National Association, 18-11375, appeal from N.D. Tex. Dennis, J. (Higginbotham, Dennis, Ho), Ho, J., concurring in judgment only; banking law Affirming district court’s dismissal of putative class action against bank alleging that extended overdraft charges were usurious interest under the National Bank Act, for failure to state a claim. … More September 29, 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

September 24, 2021 opinions

Designated for publication Abushagif v. Garland, 19-60807, petition for review of BIA order Smith, J. (Smith, Higginson, Engelhardt), immigration Granting in part, denying in part, and remanding to the BIA to assess the Libyan citizen’s petition for assessment of his claim for protection under the Convention Against Torture (denying petition for review of denial of … More September 24, 2021 opinions

September 23, 2021 opinions

Unpublished U.S. v. Portillo-Garcia, 20-40722, appeal from S.D. Tex. per curiam (Southwick, Oldham, Wilson), criminal, sentencing Affirming 35-month sentence on conviction of being an alien who had previously been removed and was found in the United States. Smith v. Lumpkin, 20-50261, appeal from W.D. Tex. per curiam (Jolly, Willett, Engelhardt), prisoner suit Affirming dismissal of … More September 23, 2021 opinions