Designated for publication Wilson, J. (King, Higginson, Wilson) (no oral argument), immigration, Religious Freedom Restoration Act, res judicata Withdrawing December 15, 2025, opinion and substituting new opinion affirming dismissal of challenge to denial of visa for foreign student plaintiff sought to sponsor under the Religious Freedom Restoration Act, but in change from original panel opinions … More February 12-13, 2026, opinions
Designated for publication Douglas, J. (Dennis, Oldham, Douglas) (oral argument), Oldham, J., dissenting; maritime law Affirming issuance of maritime lien against vessel to secure payment for marine fuel oil bunkers. The dispute centers on an unpaid delivery of marine fuel (“bunkers”) to the Liberian-flagged cargo vessel ARGOS M. Three Fifty Markets, a UK-based commodity trading … More February 2, 2026, opinions
Designated for publication per curiam (Southwick, Higginson, Douglas) (no oral argument), sec. 1983, personal torts, municipal liability, prosecutorial immunity Affirming dismissal of claims for negligence and arising under sec. 1983 against various defendants, arising from serious car accident. The appellants, Madelyn Marina Quiroz and her mother, sued a host of defendants after Madelyn was catastrophically … More December 30-31, 2025, opinions
Designated for publication Jones, J. (King, Jones, Oldham) (oral argument), bankruptcy, jurisdiction, breach of contract Reversing bankruptcy court’s dismissal of breach of contract action, and remanding to bankruptcy court with instructions to remand to state court. The Fifth Circuit reverses a bankruptcy court’s Rule 12(c) dismissal and a district court affirmance, holding the bankruptcy court … More November 13, 2025, opinions
Designated for publication Engelhardt, J. (Dennis, Southwick, Engelhardt) (oral argument), Dennis, J., dissenting in part; First Amendment, sovereign immunity, standing Vacating injunction entered on First Amendment pre-enforcement challenge brought by drag performer and organizations against Texas law regulating “sexually oriented performances on public property and in the presence of minors”; and remanding for further proceedings. … More November 6, 2025, opinions
Designated for publication Engelhardt, J. (Wiener, Engelhardt, Oldham) (oral argument withdrawn), immigration Denying Guatemalan citizen’s petitions for review of BIA denials of his motion to reopen removal proceedings and motion to reconsider. The Fifth Circuit denied Oscar Rene Rosa Arevalo’s petitions for review of the Board of Immigration Appeals’ denials of his motions to reopen … More November 5, 2025, opinions
Designated for publication en banc, First Amendment, Establishment Clause, Free Exercise Clause, ripeness, standing, sovereign immunity, en banc Ordering initial hearing en banc, with the en banc rehearing argument of Roake v. Brumley. Stewart, J. (Jones, Stewart, Ramirez) (oral argument), criminal, sufficiency of evidence Affirming conviction of coercing and enticing a minor to engage in … More October 28, 2025, opinions
Designated for publication Stewart, J. (Jones, Stewart, Ramirez) (oral argument), criminal, sufficiency of evidence, testimony, jury instruction Affirming conviction of bank fraud, conspiracy to commit bank fraud, and making false entries in bank records. A federal jury convicted Ashton J. Ryan, Jr.—former President/CEO of First NBC Bank and Chair of its Board—of conspiracy to commit … More October 17, 2025, opinions
Designated for publication per curiam (en banc); en banc, First Amendment, Establishment Clause, Free Exercise Clause, ripeness, standing, sovereign immunity Granting en banc rehearing of June 20, 2025, panel opinion (Dennis, Haynes, Ramirez; Dennis, J., concurring) affirming district court judgment of facial unconstitutionality and preliminary injunction of state law requiring display of Ten Commandments in … More October 6, 2025, opinions
Willett, J. (Dennis, Willett, Duncan), remand Reversing waiver-based order of remand based on defendant’s participation in state court proceedings. The Fifth Circuit revisited a waiver-based remand dispute after the en banc court had cleared out circuit precedent that the panel had held tied its hands on an earlier review. Edward Festeryga, sued in Texas state … More September 11, 2025, opinions
