Every decision we've summarized from United States Court of Appeals for the Fifth Circuit.
The United States Court of Appeals for the Fifth Circuit affirmed a district court's denial of a motion for relief from judgment. The appellate court held that the motion could not be used to relitigate jurisdictional arguments or extend the time for appeal.
The United States Court of Appeals for the Fifth Circuit affirmed the revocation of a defendant's supervised release term. The court rejected the argument that the consecutive sentence was substantively unreasonable.
The United States Court of Appeals for the Fifth Circuit denied a petition for review of a Board of Immigration Appeals decision upholding the denial of asylum and related protections. The court held that the Board acted within its discretion by dismissing the applicant's claims due to a failure to provide corroborating evidence.
The Fifth Circuit denied a petition for review of a Board of Immigration Appeals order dismissing an appeal from an immigration judge's denial of a motion to reopen. The court found the petitioner failed to show the Board abused its discretion because she did not timely file her motion and failed to establish extraordinary circumstances.
The United States Court of Appeals for the Fifth Circuit has ordered this case to be heard en banc. The court further ordered that this matter be consolidated with a separate case for oral argument purposes only.
The Fifth Circuit affirmed a district court's award of attorney fees to a defendant whose plaintiffs filed a frivolous lawsuit to recover property they deeded to evade creditors. However, the court vacated the portion of the award covering appellate fees because the request was filed more than fourteen days after judgment.
The United States Court of Appeals for the Fifth Circuit has ordered an initial hearing en banc for this First Amendment case. The court also consolidated this matter with a related appeal for oral argument purposes.
The United States Court of Appeals for the Fifth Circuit affirmed the dismissal of a pro se plaintiff's complaint for failure to state a claim. The court held that the plaintiff failed to identify cognizable legal claims to redress his alleged harms despite multiple opportunities to amend.
The Fifth Circuit reversed a district court dismissal, holding that the plaintiffs' efforts to serve process were sufficient to create a genuine issue of material fact regarding diligence. The court clarified that Texas law requires ordinary diligence, not the highest degree of effort, and that delays may be excused by reasonable explanations.
The Fifth Circuit affirmed the conviction of a defendant charged with possessing an unregistered silencer. The court held that while silencers are protected arms under the Second Amendment, the defendant failed to show the National Firearms Act was applied abusively.