John Malcolm Duhé Jr.
Judge Duhé no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Duhé decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Denial of the opportunity to be heard is itself sufficient prejudice to establish a due-process violation.
“By showing that he was denied the opportunity to be heard before the Board of Immigration Appeal, Petitioner has shown substantial prejudice.”
May affirm on any ground supported by the summary-judgment record, not just the trial court's reasoning.
“When reviewing an order granting summary judgment, this Court is not limited to the trial court's conclusion, but can affirm a trial court's judgment on any ground supported by the summary judgment record.”
Procedural preferences
Adheres strictly to the rule of orderly precedent, declining to revisit a prior panel holding absent en banc or Supreme Court intervention.
“In this Circuit, one panel may not overrule the decision, right or wrong, of a prior panel in the absence of an intervening contrary or superseding decision by the Court en banc or the Supreme Court.”
Resolves jurisdiction as a threshold question before considering any merits arguments.
“As a threshold matter, however, we must address the question of jurisdiction.”
Cautions
Treats qualified immunity as protecting even mistaken but reasonable probable-cause judgments.
“Even if officers of reasonable competence could disagree on this issue, the Appellees are still entitled to qualified immunity.”
Applies the Strickland prejudice standard rigorously, weighing potential mitigating evidence as double-edged before finding no reasonable probability of a different outcome.
“We are not persuaded that had all this evidence been introduced, a different sentence is a reasonably likely result.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The judgment of conviction is REVERSED and the cause REMANDED.”
“Because we find that Petitioner was deprived of a significant liberty interest without due process, we reverse and remand.”
“We REVERSE the dismissal of his claims and REMAND the matter for further proceedings.”
“Because Offshore breached the charter, we reverse the order vacating seizure, and remand to the district court for further proceedings.”
“We reverse the order of the district court and remand the case for trial.”
“We therefore VACATE the judgment of sentence, and REMAND the matter for resentencing in the light of this opinion.”
“We VACATE the judgment, REVERSE in part and REMAND with instructions.”
“We REVERSE and RENDER in part, and AFFIRM in part.”
“Accordingly, the judgment of the district court is REVERSED and VACATED and this case is REMANDED to the district court with instructions to dismiss for lack of jurisdiction.”
“His appeal is, therefore, DISMISSED.”
“Because Okoro was found deportable under INA § 241(a)(2)(A)(ii) and because both predicate offenses were covered under § 241(a)(2)(A)(i), we find we have no jurisdiction to review his final order of deportation.”
“For the foregoing reasons, the decision of the district court is AFFIRMED.”
A historical record
Judge Duhé no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.