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JOGELLY PAOLA TURCIOS-FLORES; TOMAS DASAET
ARGUETA-TURCIOS; ANGEL ANDRES ARGUETATURCIOS,
Petitioners,
v.
MERRICK B. GARLAND, Attorney General,
Respondent. |
No. 22-3325 |
On Petition for Review from the Board of Immigration Appeals;
Nos. A 209 223 502; A 209 223 503; A 209 223 504.
Decided and Filed: May 5, 2023
Before: COLE, GIBBONS, and READLER, Circuit Judges.
_________________________
OPINION
_________________________
COLE, Circuit Judge. Jogelly Paola Turcios-Flores1 petitions for review of the Board of
Immigration Appeals’ order affirming the Immigration Judge’s denial of her applications for
asylum, withholding of removal, and protection under the Convention Against Torture. The
Board correctly denied Turcios-Flores’s application for protection under the Convention Against
Torture and her asylum application insofar as it relates to her membership in her husband’s
family. But because the Board’s decision with respect to two of Turcios-Flores’s additional
proposed social groups was not supported by substantial evidence, and because the withholding-of-removal analysis was flawed, we grant the petition in part, deny the petition in part, and
remand for further proceedings. |
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ASHETON S. MORGAN,
Plaintiff-Appellant,
v.
TONY TRIERWEILER, Warden; JOHN DAVIDS, Deputy
Warden; JARED BUCHIN,
Defendants-Appellees. |
No. 22-1786 |
Appeal from the United States District Court for the Western District of Michigan at Marquette.
No. 2:19-cv-00003—Jane M. Beckering, District Judge.
Argued: March 10, 2023
Decided and Filed: May 5, 2023
Before: GIBBONS, BUSH, and MATHIS, Circuit Judges.
_________________________
OPINION
_________________________
JOHN K. BUSH, Circuit Judge. Former inmate Asheton Morgan sued Michigan prison
officials for allegedly violating his free exercise rights by failing to provide him with meals
consistent with his religion. Morgan filed a grievance with the prison five days after he arrived
alleging the failure to provide the proper meals. But the district court granted summary
judgment to defendants based on Morgan’s failure to exhaust administrative remedies pursuant
to the Prison Litigation Reform Act of 1995, 110 Stat. 1321, as amended, 42 U.S.C. § 1997e et
seq. (PLRA). The PLRA requires prisoners to follow a prison’s grievance procedures before
challenging prison conditions in court. The district court held that Morgan’s grievance only
covered the failure to provide meals up until the date of the grievance, so Morgan should have
filed further grievances as to the alleged free exercise violation. But Morgan already put the
prison officials on notice of unconstitutional conduct, and therefore requiring repeat grievances
for the same course of conduct would exceed the requirements of the PLRA. Accordingly, we
REVERSE.
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
LEONEL MILLER HINOJOSA, JR. aka Leon Hinojosa,
Defendant-Appellant. |
Nos. 22-1044/1045 |
Appeal from the United States District Court
for the Western District of Michigan at Grand Rapids.
No. 1:19-cr-00279-1—Janet T. Neff, District Judge.
Decided and Filed: May 5, 2023
Before: SUTTON, Chief Judge; BATCHELDER and MURPHY, Circuit Judges.
_________________________
OPINION
_________________________
MURPHY, Circuit Judge. While on supervised release for a 2012 felon-in-possession
conviction, Leonel Hinojosa shot a man and robbed the man’s companion of drugs and money.
The federal government charged Hinojosa with a fresh set of crimes for this misconduct. A jury
convicted him of three offenses, and a district court sentenced him to 240 months’ imprisonment.
The court separately revoked Hinojosa’s supervised release and imposed a consecutive 24-month
sentence for his 2012 offense. In these consolidated appeals, Hinojosa challenges his
convictions and sentences. We affirm his convictions and the 24-month sentence for his
supervised-release violations. But the district court applied the wrong law when calculating
Hinojosa’s guidelines range for his new offenses. So we vacate his 240-month sentence and
remand for resentencing. |
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