Every decision we've summarized from United States Court of Appeals for the Fifth Circuit.
The Fifth Circuit denied a petition for review seeking to reopen removal proceedings based on alleged ineffective assistance of counsel. The court held that the petitioner failed to prove prejudice because he could not demonstrate he was eligible for a statutory waiver of inadmissibility.
The Fifth Circuit affirmed summary judgment for Dr. Aaron Shaw, holding that the plaintiff failed to prove he had subjective knowledge of a substantial risk of serious harm to the pretrial detainee. The court ruled that because the Medical Director did not personally review the specific email detailing the inmate's symptoms, he lacked the requisite awareness to establish a constitutional violation.
The Fifth Circuit affirmed the dismissal of Robert Prosper's civil rights claims, ruling that his complaint failed to state a plausible claim against the named officer or the municipalities. The court held that the district court properly dismissed the case because the plaintiff did not allege sufficient facts to establish municipal liability or a special relationship required for a due process claim.
The Fifth Circuit affirmed Elijah Brown's bank fraud sentence while vacating and remanding the restitution order for recalculation. The court rejected challenges to the vulnerable victim and role enhancement adjustments, finding the district court's application of the Sentencing Guidelines plausible and supported by the record.
The Fifth Circuit denied asylum, withholding of removal, and Convention Against Torture protection to a Honduran petitioner whose claim relied on a single incident of threats. The court held that the isolated nature of the incident and the lack of immediacy failed to establish the sustained pattern required for past persecution or a well-founded fear of future harm.
The Fifth Circuit affirmed that a Chapter 7 trustee cannot earn commissions on surplus distributions made to an entity functioning as the debtor's stand-in. The court held that such payments fall under the statutory category for returning equity to the debtor, which is explicitly excluded from the trustee's compensation calculation.
The Fifth Circuit denied a petition for review of a BIA order denying cancellation of removal, holding that jurisdiction is barred over factual hardship findings. The court further ruled that aliens possess no due process rights regarding discretionary relief and that the petitioner failed to meet the legal standard for exceptional and extremely unusual hardship.
The United States Court of Appeals for the Fifth Circuit granted a motion by appointed counsel to withdraw from representing the defendant. The court dismissed the appeal after finding no nonfrivolous issues for review.
The Fifth Circuit denied Sandeep Singh's petition for review, upholding an adverse credibility finding by the Immigration Judge. The court held that substantial evidence supported the agency's conclusion that Singh's passport was altered and his supporting affidavits were suspiciously similar.
The Fifth Circuit held that members of the Gulf of Mexico Fishery Management Council are officers under the Appointments Clause due to their veto power over the Secretary of Commerce. The court severed the unconstitutional veto authority and affirmed the district court's grant of summary judgment in favor of the government.