Justia U.S. 5th Circuit Court of Appeals Opinion Summaries

Marilu Calderon-Uresti, a native of Mexico, entered the United States unlawfully in 2011 after previously being returned to Mexico by immigration authorities. She sought permanent residency through Special Immigrant Juvenile Status, but her application was denied when she reached adulthood. In 2018, she was arrested for a misdemeanor DWI, and Immigration and Customs Enforcement served her with a notice to appear for removal proceedings. Shortly after, she married a U.S. citizen and applied for cancellation of removal under two schemes: the Violence Against Women Act (VAWA) “special rule cancellation” for battered spouses, and “regular rule cancellation.” She testified to an immigration judge (IJ) that her husband had physically and emotionally abused her, but she did not provide corroborating evidence such as police reports or hospital records.The Immigration Judge found Calderon-Uresti’s testimony credible but determined she was ineligible for VAWA special rule cancellation because she failed to provide reasonably available corroborating evidence of battery or extreme cruelty. The IJ also found her ineligible for regular rule cancellation due to not meeting the ten-year residency requirement. The IJ ordered her removal but granted voluntary departure. Calderon-Uresti appealed to the Board of Immigration Appeals (BIA), arguing her credible testimony should suffice and that corroborating evidence was not reasonably available. The BIA dismissed her appeal, agreeing she had not met her burden for special rule cancellation and did not address her hardship claim.The United States Court of Appeals for the Fifth Circuit reviewed the BIA’s decision. The court held that the BIA’s finding—that Calderon-Uresti failed to meet the statutory eligibility for VAWA special rule cancellation due to lack of corroborating evidence—was supported by substantial evidence. The court also held it lacked jurisdiction to consider her regular rule cancellation arguments because she had not exhausted them administratively before the BIA. The petition for review was denied. View "Calderon-Uresti v. Bondi" on Justia Law

A native and citizen of the Dominican Republic, the petitioner was admitted to the United States as a lawful permanent resident in 2007. In 2022, he pleaded guilty in the United States District Court for the Middle District of Florida to conspiracy to commit money laundering under 18 U.S.C. § 1956(h). The judgment included a forfeiture order stating that at least $3,934,518 was obtained and laundered by the petitioner as a result of his participation in the conspiracy. In 2023, the Department of Homeland Security initiated removal proceedings, alleging that the petitioner was removable as an aggravated felon because his offense involved more than $10,000.An Immigration Judge found the petitioner removable as charged, relying on the conviction records, including the forfeiture order. The petitioner applied for cancellation of removal, but the Immigration Judge concluded he was ineligible due to the aggravated felony conviction. On appeal to the Board of Immigration Appeals, the petitioner argued that the forfeiture order did not meet the evidentiary standard required to establish that his conviction was an aggravated felony, as it did not specify the amount directly attributable to his conduct. The Board, applying the circumstance-specific approach endorsed by the Supreme Court in Nijhawan v. Holder, found that the forfeiture order was sufficient to establish that the funds involved exceeded $10,000 and dismissed the appeal.The United States Court of Appeals for the Fifth Circuit reviewed the Board’s decision de novo. The court held that an unrebutted forfeiture order entered solely against an alien, finding a specific amount of laundered funds attributable to the alien’s conduct of conviction, can constitute clear and convincing evidence that the amount of funds required by 8 U.S.C. § 1101(a)(43)(D) is met. The court denied the petition for review. View "Reyes v. Bondi" on Justia Law

A Texas law, Senate Bill 12, regulates sexually oriented performances on public property and in the presence of minors. The law defines such performances as visual acts featuring nudity or sexual conduct that appeal to the prurient interest in sex. Several organizations and individuals involved in drag performances brought a pre-enforcement challenge, arguing that the law facially violates the First Amendment. The plaintiffs included groups that host pride festivals and drag events, as well as individual performers and entertainment companies.The United States District Court for the Southern District of Texas held a two-day bench trial. After reviewing the evidence, the district court found that the law was a facially unconstitutional restriction on speech and issued a permanent injunction preventing the Attorney General of Texas, certain district attorneys, counties, and a city from enforcing the law.On appeal, the United States Court of Appeals for the Fifth Circuit reviewed whether each plaintiff had standing to seek injunctive relief against each defendant. The Fifth Circuit found that most plaintiffs did not intend to engage in conduct arguably proscribed by the law and therefore lacked standing. Only one plaintiff, 360 Queen Entertainment, LLC, demonstrated standing to seek an injunction against the Attorney General, as its performances arguably included conduct regulated by the statute and minors were sometimes present.The Fifth Circuit vacated the district court’s injunction and remanded the case. The court instructed the district court to dismiss claims against all defendants except the Attorney General and to reconsider the facial challenge to Section One of the law under the framework set forth in Moody v. NetChoice, LLC. The court emphasized that a facial challenge requires showing that a substantial number of the law’s applications are unconstitutional in relation to its legitimate sweep. View "Woodlands Pride v. Paxton" on Justia Law

A Guatemalan national was convicted of possession of a controlled substance in Illinois and, in 2004, was found removable from the United States based on that conviction. He was removed to Guatemala that year but later reentered the country illegally. In 2021, Illinois enacted a law allowing individuals to seek vacatur of convictions that could have immigration consequences. The petitioner sought and obtained vacatur of his possession conviction in December 2023, citing procedural and substantive deficiencies in the original proceedings.After the state court vacated his conviction, the petitioner filed a motion to reopen his removal proceedings with the Board of Immigration Appeals in January 2024, arguing that the vacatur eliminated the sole ground for his removability. The Board denied the motion, finding it untimely and concluding that the petitioner was not entitled to equitable tolling because he had not demonstrated due diligence in pursuing his rights. The Board also denied his motion for reconsideration.The United States Court of Appeals for the Fifth Circuit reviewed the Board’s decisions under a highly deferential abuse-of-discretion standard. The court held that the Board did not abuse its discretion in denying the motion to reopen, as the petitioner failed to show that he acted with reasonable diligence either after the Illinois law was enacted or after learning of his ability to seek vacatur. The court also found no abuse of discretion in the denial of the motion for reconsideration, as the petitioner’s arguments were essentially the same as those previously rejected. The Fifth Circuit therefore denied both petitions for review. View "Rosa Arevalo v. Bondi" on Justia Law

Ramona Craig applied for Social Security disability benefits and, after her application was denied, she filed suit challenging that denial. The key issue in her case was whether she had properly exhausted her administrative remedies before seeking judicial review. The magistrate judge specifically warned Craig that she needed to present sufficient evidence of exhaustion prior to proceeding with her lawsuit. Despite these warnings, Craig did not provide the necessary evidence before the district court entered final judgment.The United States District Court for the Western District of Texas reviewed Craig’s case and dismissed it without prejudice, finding that she had failed to demonstrate exhaustion of administrative remedies. After the district court entered its final judgment, Craig submitted an additional document intended to establish exhaustion, but this filing occurred after the judgment was entered.On appeal, the United States Court of Appeals for the Fifth Circuit considered whether it could review Craig’s post-judgment filing. The Fifth Circuit held that, under Rule 10(a) of the Federal Rules of Appellate Procedure, the record on appeal does not include documents filed in the district court after the entry of final judgment. The court further declined to exercise its discretion to take judicial notice of the post-judgment filing. The Fifth Circuit affirmed the district court’s dismissal without prejudice, holding that the district court lacked subject matter jurisdiction because Craig failed to establish exhaustion of administrative remedies based on the filings made before final judgment. The court clarified that Craig may file a new case or seek to reopen the existing case if she wishes to pursue her claims. View "Craig v. Bisignano" on Justia Law

The plaintiff resided at an apartment complex with his son, who was arrested for aggravated armed robbery by the local police department. After the arrest, the police informed the apartment management, which then evicted both the plaintiff and his son based on a lease provision prohibiting criminal conduct. The plaintiff sought information about his son’s arrest from the city and police department under the Texas Public Information Act, but his request was denied after the city consulted the Texas Attorney General and invoked a law-enforcement exception.In the United States District Court for the Southern District of Texas, the plaintiff filed suit against the city, the police department, the apartment complex, a debt collection agency, and the Texas Attorney General, alleging violations of the U.S. Constitution, the Fair Debt Collection Practices Act, and Texas law. All defendants either appeared, filed answers, or moved to dismiss. The plaintiff moved for default judgment against each defendant, but the district court denied those motions and granted the defendants’ motions to dismiss. On appeal, the plaintiff only challenged the denial of default judgment, as he did not brief arguments regarding the dismissals and thus forfeited them.The United States Court of Appeals for the Fifth Circuit reviewed only the denial of default judgment for abuse of discretion. The court held that default judgment was not warranted because the city, police department, and debt collector had all appeared or answered, and the Attorney General had not been properly served. The court also found that arguments regarding attorney conflict and judicial bias were either forfeited or unsupported. The Fifth Circuit affirmed the district court’s denial of default judgment. View "Clark v. City of Pasadena" on Justia Law

Darell Montrell Trotter was charged with conspiracy to distribute fentanyl. Although the indictment alleged that his conduct caused the death of an individual, DS, the plea agreement did not include this allegation. The agreement stipulated that Trotter would be sentenced within the applicable range under the U.S. Sentencing Guidelines, but acknowledged that the court was not bound by these stipulations. The presentence investigation report calculated a Guidelines range of 135–168 months, and recommended a sentence at the bottom of the range. Trotter initially objected to the report but withdrew his objections and agreed with the recommended sentence. At sentencing, the Government presented testimony from DS’s father and argued that the Guidelines underrepresented the severity of Trotter’s conduct, urging the court to consider an upward variance.The United States District Court for the Eastern District of Texas sentenced Trotter to 168 months’ imprisonment, the top of the Guidelines range, and five years of supervised release. The court did not reference the prosecutor’s remarks in its sentencing decision. Trotter appealed, arguing that the Government breached the plea agreement by undermining the agreed-upon Guidelines range and advocating for a sentence above it.The United States Court of Appeals for the Fifth Circuit reviewed the case under the plain error standard. The court found that the Government breached the plea agreement by advocating for a sentence above the Guidelines range, that this breach affected Trotter’s substantial rights, and that correcting the error was necessary to preserve the fairness and integrity of judicial proceedings. The Fifth Circuit vacated the district court’s judgment and remanded the case, allowing Trotter to either seek specific performance of the plea agreement before a new judge or withdraw from the plea agreement. View "United States v. Trotter" on Justia Law

Several former students and their parents challenged a school district’s policy restricting the length of male students’ hair, alleging that the policy constituted race and sex discrimination and violated constitutional and statutory rights. The school district amended its hair policy during the 2019–2020 school year, removing language that previously allowed certain hairstyles, such as cornrows or locs, if they complied with other requirements. The plaintiffs argued that the enforcement of this policy infringed upon their rights under the Fourteenth Amendment, the First Amendment, Title VI, Title IX, and Texas law.The case was initially heard in the United States District Court for the Southern District of Texas. During discovery, the plaintiffs sought to depose the superintendent and a former board president. The school district moved for a protective order, asserting legislative privilege to prevent inquiries into the subjective motivations of board members regarding the hair policy. The district court partially denied the motion, establishing a procedure where deponents could assert the privilege but would still be required to answer, with disputed portions of testimony marked confidential for later review. The district court declined to rule on the privilege’s applicability until specific questions were asked during depositions.On appeal, the United States Court of Appeals for the Fifth Circuit reviewed whether the district court erred in its handling of the legislative privilege and the protective order. The Fifth Circuit held that none of the appellants—including the school district, the board of trustees, and the individual former officials—had standing to appeal the district court’s order because the privilege holders had not personally invoked the privilege or participated adequately in the proceedings. As a result, the Fifth Circuit dismissed the appeal for lack of jurisdiction and also dismissed the pending motion to stay as moot. View "Arnold v. Barbers Hill Independent School District" on Justia Law

An inpatient rehabilitation facility employed a sales representative who raised concerns about the facility’s use of nonclinical personnel in the preadmission screening process required for Medicare reimbursement. The sales representative was terminated after five months of employment. Shortly thereafter, she filed a qui tam action under the False Claims Act, alleging that the facility presented false claims to Medicare, used false records to obtain payment, and conspired to submit false claims. She amended her complaint multiple times, and the government declined to intervene in the case.The United States District Court for the Southern District of Texas reviewed the second amended complaint after the defendant moved to dismiss under Rule 12(b)(6). The magistrate judge recommended dismissal of all claims, finding the complaint insufficiently plausible and lacking the particularity required by Rules 8(a) and 9(b). The magistrate judge also recommended denying leave to further amend the complaint as futile under Rule 16. The district court adopted these recommendations, entered final judgment, and dismissed the case with prejudice. The plaintiff timely appealed.The United States Court of Appeals for the Fifth Circuit reviewed the district court’s dismissal de novo and the denial of leave to amend for abuse of discretion. The Fifth Circuit held that the complaint failed to plead sufficient facts to support the elements of a False Claims Act violation, specifically the falsity of the claims and the connection between the alleged conduct and the submission of false claims. The court also found that amendment would be futile, as the plaintiff had already amended her complaint twice without remedying the deficiencies. The Fifth Circuit affirmed the district court’s dismissal of the claims with prejudice. View "Gentry v. Encompass Health Rehabilitation Hospital of Pearland, L.L.C." on Justia Law

Hiran Management, a small karaoke restaurant in Houston, Texas, employed eight front-of-house workers who became dissatisfied with their manager’s practices, including being assigned extra duties without increased pay and inconsistent compensation for “shift supervisor” roles. After a contentious meeting with management, the employees walked out, went on strike, and presented a list of demands. The employer subsequently terminated all eight striking employees.Following these terminations, the National Labor Relations Board (NLRB) filed an administrative complaint, alleging that Hiran Management violated section 8(a)(1) of the National Labor Relations Act (NLRA) by firing the employees for engaging in protected concerted activity. An administrative law judge (ALJ) ruled in favor of the NLRB, and the Board adopted the ALJ’s findings with minor adjustments. The Board ordered Hiran to cease its unfair labor practices, reinstate the employees, and compensate them for lost earnings and all other direct or foreseeable pecuniary harms resulting from the terminations.Hiran Management petitioned the United States Court of Appeals for the Fifth Circuit for review, while the NLRB sought enforcement of its order. The Fifth Circuit held that the NLRB lacks statutory authority under the NLRA to award full compensatory damages for all direct or foreseeable pecuniary harms, as such damages are legal rather than equitable remedies. The court granted Hiran’s petition in part, denied the NLRB’s enforcement petition in part, and remanded the case for further proceedings consistent with its opinion, limiting the NLRB’s remedial authority to equitable relief such as reinstatement and backpay. View "Hiran Management v. National Labor Relations Board" on Justia Law