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The Tenth Circuit held that defense counsel violated the Sixth Amendment by failing to advise a defendant that his guilty plea to a drug offense would result in practically inevitable deportation. The court reversed the district court's denial of the habeas motion and remanded for a determination of prejudice.
The Tenth Circuit affirmed the district court's denial of a pro se prisoner's motion to reopen a dismissed civil rights lawsuit under Federal Rule of Civil Procedure 60(b). The appellate court found no abuse of discretion where the plaintiff repeatedly failed to amend a deficient complaint or respond to court orders over a period of nearly ten months.
The Fourth Circuit dismissed an appeal because the district court's order denying a motion for default judgment is not a final or appealable interlocutory order. Consequently, the appellate court lacks jurisdiction to hear the case under federal statutes governing appellate review.
The Tenth Circuit affirmed summary judgment for the City of Tulsa, ruling that a plaintiff failed to prove that the city's stated reason for hiring a less qualified candidate was pretext for age and race discrimination. The court held that procedural irregularities in the hiring process and the city's subsequent policy changes did not demonstrate discriminatory animus where the employer honestly believed the candidate possessed superior leadership experience.
The Fourth Circuit dismissed Reshod Jamar Everett's appeal from the denial of his federal habeas corpus motion because he failed to obtain a certificate of appealability. The court independently reviewed the record and found that Everett did not make the requisite showing that reasonable jurists could find the district court's assessment of his constitutional claims debatable.
The Fifth Circuit granted the Federal Public Defender's motion to withdraw from representing Berenice Sanchez after determining the appeal raised no nonfrivolous issues. The court dismissed the criminal appeal in accordance with the standards set forth in Anders v. California.
The Fourth Circuit dismissed an appeal challenging a district court's venue transfer order because the order was not a final, appealable judgment. The court also ruled that the appellant's notice of appeal was filed one day late, failing to meet the mandatory 60-day deadline for cases involving government parties.
The Fifth Circuit affirmed the dismissal of Robert Phillips' pro se complaint, holding that his allegations failed to state plausible claims for relief under federal civil rights statutes. The court concluded that Phillips did not adequately allege discrimination based on race or a protected characteristic, as his termination was allegedly motivated by his refusal to purchase illegal drugs.
The Fourth Circuit dismissed an appeal because the district court's order to file a second amended complaint was not a final, appealable order. The appellate court lacked jurisdiction to hear the case under federal statutes governing final judgments and interlocutory orders.
The Third Circuit denied in part and dismissed in part a petition challenging an Immigration Judge's rulings on administrative closure, continuance, and voluntary departure. The court held that the petitioner failed to show the first two rulings affected the outcome of his removal, while the third was barred from judicial review by statute.
