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

Petitioner is an illegal alien who was ordered removed in absentia. A decade and a half later, she moved to reopen her immigration proceedings on the ground that she never received notice of the time or location of her hearing. The immigration judge denied her motion. The Board of Immigration Appeals affirmed. The Petitioner complained that the United States informed her of her duty to provide address information where her notice to appear could be sent, but only in English, not Spanish.   The Fifth Circuit affirmed holding that the record indicates that she was warned in Spanish as well as English of the consequences of her failure to appear. And in any event, there is no legal authority to support her assertion that the United States is required to provide notice in any language other than English. View "Platero-Rosales v. Garland" on Justia Law

Plaintiffs Defense Distributed and the Second Amendment Foundation produce, and make accessible, information related to the 3D printing of firearms. The U.S. Government and various states have imposed restraints on the publication of that information. Plaintiffs have challenged those restraints in federal courts as violating the First Amendment. The instant case involves publication restraints that Defendant, first as Acting Attorney General, then as Attorney General, of New Jersey (“NJAG”), has placed on Plaintiffs.   On remand, the district court severed the claims against the State Department and NJAG and transferred the claims against NJAG to the District of New Jersey. On appeal, the Fifth Circuit held that that decision was a clear abuse of discretion and ordered the district court to vacate it sever-and-transfer order. The New Jersey court refused to transfer the case back to the Western District of Texas. In response, Plaintiffs moved, in the Western District of Texas, for a preliminary injunction against the publication restraints imposed by NJAG. The district court entered a short order holding that it lacked jurisdiction to consider claims against NJAG and dismissed the preliminary-injunction motion.   The Fifth Circuit affirmed the dismissal holding that the court no longer has the power to hear the case or grant the relief requested. The court explained that the expectation is that circuit courts direct “the transferor district court to request that the transferee district court return the case.” The refusal of the District of New Jersey to retransfer is unprecedented in that regard. The effect of that decision permits a New Jersey district court functionally to nullify a Fifth Circuit decision. View "Defense Distributed v. Platkin" on Justia Law

Plaintiffs appealed the district court’s grant of a motion to dismiss and motion for summary judgment for the State after Plaintiffs alleged numerous state and federal constitutional violations in connection with the State’s Facility Need Review program (“FNR” or “FNR program”).   The Fifth Circuit affirmed, holding that the FNR program survives rational basis review and the Supreme Court has foreclosed Plaintiffs’ Privileges or Immunities Clause claim. The court explained that the FNR program survives rational basis review because it advances the State’s legitimate interest in enhancing consumer welfare. LDH offers many legitimate reasons for its FNR regime. Of those reasons, Plaintiffs have the most difficulty defeating the contention that LDH uses. The court held in favor of the State because Plaintiffs failed to negate “every conceivable basis which might support” the FNR program. View "Newell-Davis v. Phillips" on Justia Law

The principal issue in this appeal of a 28 U.S.C. § 1782(a) discovery order is whether, in response to the ex parte order authorizing discovery by “interested parties” for use in foreign litigation, the respondents have a right to challenge the order’s validity pursuant to statutory requirements and the Supreme Court’s “Intel factors.”    The Fifth Circuit reversed and remanded, concluding that the district court here misconstrued the court’s precedent and erroneously rebuffed Respondents’ challenge on its face. The court explained that the uncontested facts suggest the possibility that (a) some of the sought discovery is accessible currently in the foreign courts; (b) Appellees’ object here is to obtain unredacted copies of that which may be protected by law in the Portuguese proceedings; and (c) therefore, the requests in many aspects pose an undue burden on the appellants. The court wrote it does not express an opinion on these points but notes that they were never thoroughly vetted in the district court because of the court’s refusal to reconsider the Intel factors and the truncated discussion of “interested parties” under Section 1728(a). Thus, by refusing to consider Appellants’ arguments and evidence challenging whether the Appellees satisfied the statutory criteria and the Intel factors to obtain Section 1782(a) discovery, the district court misapplied the law and abused its discretion. View "Banca Pueyo SA v. Lone Star Fund IX" on Justia Law

Following a bench trial, Appellant was convicted of smuggling bulk cash in violation of 31 U.S.C. Section 5332. He was sentenced to sixteen months of imprisonment and three years of supervised release. Defendant appealed his conviction and sentence, arguing that the district court erred in denying his motion to suppress evidence obtained from a stop and search at the border as he was leaving the United States and attempting to enter Mexico.   The Fifth Circuit affirmed. The court explained that the border-search exception allows “routine” searches and seizures without individualized suspicion or probable cause. Here, Appellant first argued that the canine sniff of his person required reasonable suspicion. The court wrote it did not because the canine sniff here was a routine border search and therefore did not require individualized suspicion. Appellant’s detention did not exceed the bounds of routine border searches and therefore did not require reasonable suspicion. Finally, the district court did not err in denying Appellant’s suppression motion View "USA v. Tenorio" on Justia Law

Plaintiff sued Walmart and several members of law enforcement for purported injuries relating to her arrest and incarceration in 2010. In response to motions to dismiss filed by the defendants, Judge Rebecca Doherty dismissed all asserted federal claims with prejudice and all asserted state-law claims without prejudice. Plaintiff did not appeal the dismissal. In 2021, the Clerk of the Western District of Louisiana contacted the parties to inform them that Judge Doherty had owned stock in Wal-Mart while presiding over this case. Under 28 U.S.C. Section 455(b)(4), Judge Doherty ought to have recused herself. On this basis, Plaintiff filed a motion for relief from judgment under Federal Rule of Civil Procedure 60, seeking a voided judgment and a new trial.   The Fifth Circuit affirmed the judgment of the district court. The court explained that there is no dispute that Judge Doherty should have recused herself from this case. The court wrote that Rule 60(b) decisions are reviewed for abuse of discretion. Applying that standard, the court saw no abuse in the district court’s determinations below. Judge Summerhays ably and succinctly applied the Liljeberg factors to the controversy. On fresh review, the court concluded likewise that after “a careful study … of the merits,” there is no “risk of injustice to the parties in th[is] particular case.” Judge Doherty’s ruling was based on firm legal principles, there is no evidence of bias or favor, and Plaintiff neither appealed Judge Doherty’s decision at the time nor refiled her state law claims in state court within the time permitted her. View "Roberts v. Wal-Mart Louisiana" on Justia Law

Defendant pleaded guilty to possessing a firearm after a felony conviction and was sentenced under 18 U.S.C. Section 924(e), the Armed Career Criminal Act (ACCA), to a mandatory minimum of 180 months in prison. He appealed, arguing that his prior Mississippi convictions for burglary do not qualify as crimes of violence under the ACCA and that the convictions, which occurred when he was a minor, are invalid because the juvenile court never properly transferred jurisdiction to the circuit court. The Government disagreed. It also moved to dismiss based on a waiver of appeal in Defendant’s plea agreement.   The Fifth Circuit concluded that Defendant’s arguments are without merit. Thus, the court pretermitted the waiver issue. The court also declined to consider an argument Defendant first raised in his reply brief. Accordingly, the court affirmed the judgment of the district court and denied the Government’s motion to dismiss. View "USA v. Thompson" on Justia Law

Two brothers from Nigeria petition this court to overturn the Board of Immigration Appeals’ refusal to allow their removal proceedings to be reopened. They argue their counsel’s ineffectiveness caused their application for asylum and other relief to be incomplete and therefore denied, and that counsel’s failures constituted extraordinary circumstances justifying reopening of their removal proceedings.   The Fifth Circuit denied the petitions. The court explained that it need not decide f ineffective assistance of counsel would be an extraordinary circumstance justifying equitable tolling of the deadline for seeking reopening. The failure to move in timely fashion to reopen was an independent basis for the BIA to deny relief. The court wrote it need not consider the issue of ineffective counsel as to the biometrics information. The could concluded that Petitioners have not shown any basis for equitable tolling of the filing deadline for reopening. View "Eneugwu v. Garland" on Justia Law

Petitioner petitioned for review of a final order of removal issued by the Board of Immigration Appeals, dismissing his appeal from the decision of the immigration judge (“IJ”) to deny his motion to reopen. Defendant principally contended that the IJ lacked authority to conduct the removal proceedings because the NTA was defective. Petitioner submitted an affidavit in which he stated that he received the NTA but that it did not contain the date and time of his removal proceedings. Now he contends that the court should remand the matter to the Board for reconsideration of his NTA challenge in light of Rodriguez v. Garland, 15 F.4th 351 (5th Cir. 2021).   The Fifth Circuit denied the petition. The court explained that here, Petitioner received the NTA and does not dispute that he also received the subsequent NOH. The fact that Petitioner received the NOH (or does not dispute receiving the NOH) makes Rodriguez distinguishable. View "Campos-Chaves v. Garland" on Justia Law

Appellant a Louisiana attorney representing oil spill claimants in the settlement program, was accused of funneling money to a settlement program staff attorney through improper referral payments. In a disciplinary proceeding, the en banc Eastern District of Louisiana found that Appellant’s actions violated the Louisiana Rules of Professional Conduct and suspended him from practicing law before the Eastern District of Louisiana for one year. Appellant appealed, arguing that the en banc court misapplied the Louisiana Rules of Professional Conduct and abused its discretion by imposing an excessive sanction.   The Fifth Circuit found that the en banc court misapplied Louisiana Rules of Professional Conduct Rule 1.5(e) and 8.4(a) but not Rule 8.4(d). Additionally, the en banc court did not abuse its discretion by imposing a one-year suspension on Appellant for his violation of 8.4(d). Accordingly, the court reversed the en banc court’s order suspending Appellant from the practice of law for one year each for violations of Rule 1.5(e) and 8.4(a). The court affirmed the en banc court’s holding that Appellant violated Rule 8.4(d). Finally, the court remanded to the en banc court for further proceedings. On remand, the court is free to impose on Appellant whatever sanction it sees fit for the 8.4(d) violation, including but not limited to its previous one-year suspension. View "In re Jonathan Andry" on Justia Law