Designated for publication Planned Parenthood Gulf Coast, Inc. v. Phillips, 18-30699, appeal from M.D. La. Elrod, J. (Higginbotham, Elrod, Ho), abortion law, § 1983, sovereign immunity Affirming in part and reversing in part district court’s denial of motion to dismiss on sovereign immunity grounds suit by Planned Parenthood against the director of the Louisiana Department … More July 15, 2021 opinions
Designated for publication U.S. v. Gaspar-Felipe, 19-50997, appeal from W.D. Tex. Duncan, J. (Jones, Costa, Duncan), criminal, sentencing, Confrontation Clause, sufficiency of evidence Affirming convictions and 78-month sentence for defendant’s role in an alien smuggling operations in which the person being smuggled died. The Court held that there was no Confrontation Clause violation in the … More July 13, 2021 opinions
Designated for publication Adeeko v. Garland, 19-60703, petition for review of BIA order Wilson, J. (Clement, Haynes, Wilson), Haynes, J., concurring; immigration Denying petition for review of BIA order affirming IJ’s order of removal of Nigerian citizen after the Department of Homeland Security charged him as being removable upon his conviction of online solicitation of … More July 1, 2021 opinions
Designated for publication Huawei Technologies USA, Inc. v. Federal Communications Commission, 19-60896, petition for review of FCC Order Duncan, J. (Elrod, Duncan, Wilson), administrative law, Administrative Procedures Act, ripeness, vagueness, Due Process Denying petition for review of FCC order barring recipients of federal telephone and internet service subsidies from purchasing equipment or services from companies … More June 18 and 21, 2021 opinions
Designated for publication Canfield v. Lumpkin, 18-10431, appeal from N.D. Tex. Owen, C.J. (Owen, Higginbotham, Willett), Higginbotham, J., dissenting; habeas corpus, ineffective assistance of counsel Affirming the district court’s denial of petitioner’s habeas claims based on ineffective assistance of counsel for failure to investigate and challenge a juror who displayed partiality during voir dire. The … More Take the Fifth: May 21 and 24, 2021 opinions
Designated for publication Maniar v. Garland, 18-60667, petition for review of BIA order Ho, J. (Barksdale, Elrod, Ho), immigration Denying in part and dismissing in part petition to review BIA order upholding IJ’s removal order on the basis that the petitioner had committed an aggravated felony. The Court held that the petitioner’s conviction of conspiracy … More Take the Fifth: May 20, 2021 opinions
Designated for publication U.S. v. McClaren, 17-30524, appeal from E.D. La. Stewart, J. (Stewart, Higginson, Wilson), criminal, sufficiency of evidence, Batson challenge “Defendants Delwin McClaren, Dedrick Keelen, Jawan Fortia, Bryan Scott, and Lionel Allen were convicted of numerous crimes related to their participation in a New Orleans street gang. We AFFIRM their convictions in part … More Take the Fifth: May 18, 2021 opinions
Designated for publication Lillie v. Office of Financial Institutions State of Louisiana, 19-30705, appeal from M.D. La. Smith, J. (Smith, Graves, Ho), securities law Affirming denial of continuance for further discovery and grant of summary judgment to defendants (“SEI”) that were associated with Stanford International Bank, Ltd. in Robert Stanford’s Ponzi scheme, based on conclusion … More Take the Fifth: May 14-17, 2021 opinions
Designated for publication Nguyen v. Garland, 19-60342, petition for review of BIA order Graves, J. (Jones, Clement, Graves), immigration Denying Vietnamese citizen’s petition for review of BIA decision that affirmed the ruling of an immigration judge who had found that Mr. Nguyen was subject to removal from the United States because he had been convicted … More Take the Fifth: May 12, 2021 opinions
Designated for publication U.S. v. Gas Pipe, Inc., 19-11145, appeal from N.D. Tex. Higginson, J. (Haynes, Higginson, Oldham), criminal, sufficiency of evidence, fraud, sentencing Affirming conviction for conspiracy to defraud the United Stated for defrauding the FDA by mislabeling or selling synthetic cannabinoids marked as “not meant for human consumption” as “spice” for smoking; and … More Take the Fifth: May 6 and 7, 2021 opinions
