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The Fifth Circuit granted the Federal Public Defender's motion to withdraw from representing Jose Daniel Ramirez after finding no nonfrivolous issues for appeal. The court dismissed the appeal, leaving the underlying criminal conviction in place.
The Eleventh Circuit dismissed an appeal sua sponte because the district court's order compelling discovery was not a final decision. The court held that the order did not resolve any claims on the merits and is reviewable only after a final judgment.
The Fifth Circuit granted appointed counsel's motion to withdraw and dismissed the appeal after finding no nonfrivolous issues existed for review. The court concurred with the attorney's assessment that the case presented no grounds for a successful appeal.
The Ninth Circuit dismissed the petition for cancellation of removal, holding it lacks jurisdiction to review how the agency weighed medical evidence regarding asthma care in Mexico. The court affirmed the denial, finding the petitioner failed to prove that adequate medical treatment was unavailable for his sons in their home country.
The Ninth Circuit denied a petition for review regarding cancellation of removal, finding substantial evidence supported the agency's conclusion that the petitioner failed to prove exceptional hardship to his wife. The court also dismissed the appeal challenging voluntary departure, ruling that the discretionary nature of the decision precludes judicial review absent constitutional or legal questions.
The Ninth Circuit dismissed challenges to factual credibility findings regarding cancellation of removal, ruling that federal courts lack jurisdiction to review such determinations. The court also denied a motion to suppress evidence, finding the petitioner failed to establish a prima facie case of unreliability or egregious constitutional violation regarding the arrest record.
The Tenth Circuit reversed a district court's dismissal of a prisoner's excessive force claim, holding that video evidence did not blatantly contradict the plaintiff's allegation of twenty-three taser strikes. The court further ruled that the district court abused its discretion by dismissing the case under Heck v. Humphrey without providing the plaintiff notice to address the bar under his own version of events.
The Tenth Circuit reversed a district court's dismissal of a prisoner's Eighth Amendment medical care claims, holding that the lower court erred by applying a pleading standard to a statute of limitations defense that requires factual development. The court clarified that accrual of a deliberate indifference claim depends on when a plaintiff knew or should have known of the defendant's subjective state of mind, a determination inappropriate for resolution on a Rule 12(b)(6) motion.
The Tenth Circuit affirmed the dismissal of Adrian Livingston's Section 1983 claims, ruling that his post-acquittal detention was justified by good-faith reliance on an inaccurate detention system. The court rejected arguments regarding malicious prosecution, statute of limitations, and supervisory liability, finding no constitutional violations or policy failures by the county.
The Fifth Circuit dismissed a petition to reopen an in absentia removal order, holding that a subsequent Notice of Hearing cured defects in the initial Notice to Appear. The court affirmed the BIA's denial, finding the petitioner failed to rebut the presumption that he received proper notice of his missed hearing.
