Ojetta Rogeriee Thompson
How Judge Thompson rules, drawn from 65 signed orders. Every observation links to the order it came from.
How Judge Thompson decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Reversal under substantial-evidence review required the record to compel the opposite conclusion, not merely permit it.
“the evidence must not only support the contrary finding, but compel it.”
Compassionate release and habeas corpus remained distinct statutory paths, so arguments fitting one vehicle could not simply be transferred to the other.
“this does not alter the fact that habeas and compassionate release are distinct vehicles for relief.”
Extortion under color of official right did not require separate proof of fear when the government established the alternative official-right theory.
“The 'color of official right' and 'fear' prongs provide alternative, independently sufficient grounds for finding extortion; thus, adequate proof of one obviates any need for proof of the other.”
Procedural preferences
A sentencing judge could not give weight to arrests unsupported by convictions or independent proof that the alleged conduct occurred.
“The bottom line is that because the judge gave ‘weight’ to arrests not backed ‘by convictions or independent proof of conduct,’ Torres's sentence cannot stand.”
Without jurisdiction over the underlying interlocutory order, the court also lacked jurisdiction to review denials of motions asking the district court to reconsider it.
“Having no jurisdiction over the underlying decision to consolidate the motion for preliminary injunction with trial, we also lack jurisdiction over the district court's denials of Nwaubani's motions to reconsider its order. Accordingly, this appeal is dismissed.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“because Aresty has not shown that the district court abused its discretion in declining to find Aresty's federal claim timely on equitable-tolling grounds, and because Aresty's state claim is preempted by federal law, we affirm the dismissal of Aresty's complaint. So ordered.”
“After careful consideration of the record, the petition for review is denied.”
“Because the warrant and search were valid here, suppression is not warranted. ... The end result: we affirm the district court in full, and Farlow's conviction stands. So ordered.”
“Ayala has not established that she suffered past persecution or that she has a well-established fear of future persecution on account of a protected ground; she is therefore ineligible for asylum. Accordingly, we deny the petition for review and affirm the final order of removal.”
“Our work over, we deny Perera's petition for judicial review.”
“We therefore conclude the district court properly granted summary judgment in favor of defendants. Accordingly, we affirm.”
“Having no jurisdiction over the underlying decision to consolidate the motion for preliminary injunction with trial, we also lack jurisdiction over the district court's denials of Nwaubani's motions to reconsider its order. Accordingly, this appeal is dismissed.”
“For the reasons recorded above, we affirm Garay's sentence on the carjacking count, vacate his sentence on the firearm count, and remand for resentencing.”
“For the foregoing reasons, we affirm the district court's grant of HSI's motion for summary judgment and denial of Turner's motion to strike.”
“We affirm Buffis' conviction.”
“The bottom line: We deny Plaintiff's motion to supplement, reverse the decision of the district court, and remand the case with instructions to grant Defendants' motion to dismiss and compel arbitration. Costs to Defendants.”
“For the reasons detailed above, we affirm the BIA's order denying Tay-Chan's motion to reopen to adjust status and deny his petition for judicial review.”
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