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Mar 4 2026
10th Cir. 5:25-CV-00052-R) Panel Decision

BANI MORENO v. ATTORNEY GENERAL, DHS/ICE/DOJ

The Tenth Circuit affirmed the dismissal of Bani Moreno's habeas petition challenging his 2022 removal, holding that he was not 'in custody' within the meaning of 28 U.S.C. § 2241 because he remained outside the United States. The court concluded that a non-citizen residing abroad lacks the requisite custody status to invoke federal habeas jurisdiction for immigration removal proceedings.

Constitutional Habeas Corpus - Federal Prisoner (28 USC 2255) Supervised Release
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Mar 4 2026
3rd Cir. 24-2777 Panel Decision

MICHAEL D. PENDERGRASS v. COMMISSIONER SOCIAL SECURITY

The Third Circuit affirmed the denial of Social Security disability benefits to Michael Pendergrass, ruling that substantial evidence supported the Administrative Law Judge's finding that Pendergrass was not disabled. The court held that the ALJ properly weighed medical evidence and considered Pendergrass's inconsistent treatment history in determining his residual functional capacity.

Civil Social Security
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Mar 4 2026
3rd Cir. 25-1594 Panel Decision

ANIBAL YOBANI SICAL-TOJ v. ATTORNEY GENERAL OF THE UNITED STATES OF AMERICA

The Third Circuit affirmed the denial of asylum and withholding of removal because the petitioner failed to establish membership in a cognizable particular social group. The court held that the proposed group definition was impermissibly defined by the persecution itself and lacked the requisite social distinctness under prevailing precedent.

Civil Immigration (Civil)
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Mar 3 2026
3rd Cir. 2:22-cv-02364 Panel Decision

INDUSTRIAL MAINTENANCE INDUSTRIES, LLC v. INTERNATIONAL PAINTERS AND ALLIED TRADES INDUSTRY PENSION FUND, A

The Third Circuit affirmed a district court ruling that barred a pension fund from collecting withdrawal liability because it failed to notify the employer as soon as practicable. The court held that this timeliness requirement is an independent statutory element of the claim, not a waivable defense subject to mandatory arbitration.

Civil ERISA / Employee Benefits Labor Summary Judgment
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Mar 3 2026
7th Cir. 23-1595 Panel Decision

MICHAEL J. CONNOR v. BRITTANY GREENE

The Seventh Circuit affirmed the denial of federal habeas relief, holding that the state court's finding that the petitioner would not have accepted a plea offer was not objectively unreasonable. The court ruled that the petitioner's steadfast claim of innocence throughout the proceedings rebutted his later testimony that he would have pleaded guilty if informed of the mandatory life sentence.

Constitutional Habeas Corpus - State Prisoner (28 USC 2254)
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Mar 3 2026
7th Cir. 25-1933 Panel Decision

ELIZABETH CHITWOOD v. ASCENSION HEALTH ALLIANCE, doing business as ASCENSION

The Seventh Circuit affirmed summary judgment for Ascension Health Alliance, ruling that an employee cannot claim FMLA interference or retaliation for absences reported after termination. The court held that the plaintiff failed to provide timely notice of her absences as required by company policy and federal regulations.

Civil Civil Rights - Employment Summary Judgment
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Mar 3 2026
10th Cir. 4:24-CR-00051-SEH-1) Panel Decision

UNITED STATES OF AMERICA v. MARCO DIONTE ATKINS

The Tenth Circuit affirmed Marco Atkins' convictions for assault and firearm offenses, ruling that any error in admitting a government agent's testimony about security footage did not affect the outcome of the trial. The court held that the evidence of guilt was so substantial that the jury would have convicted Atkins regardless of the agent's statements.

Criminal Firearms
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Mar 3 2026
5th Cir. 24-60473 Panel Decision

United States of America v. Andrew Ducksworth

The Fifth Circuit affirmed the conviction of a convicted felon for firearm possession, ruling that an officer had reasonable suspicion to frisk a paralyzed passenger after observing a weapon in the driver's lap. The court further held that a defendant's stipulation to a prior felony conviction satisfies the statutory element of a prior conviction punishable by imprisonment exceeding one year.

Criminal Firearms
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