11th Circuit Case Commentaries

Reopening After Derivative Asylum: Exhaustion, Timeliness, and Limits on Judicial Review

Date: Nov 4, 2026

Reopening After Derivative Asylum: Exhaustion, Timeliness, and Limits on Judicial Review Case: Ji Fung v. U.S. Attorney General Court: United States Court of Appeals for the Eleventh Circuit Date:...

IFP Eligibility Requires Poverty, Not Absolute Destitution, and Dismissal Grounds Must Permit Meaningful Review

Date: Nov 4, 2026

IFP Eligibility Requires Poverty, Not Absolute Destitution, and Dismissal Grounds Must Permit Meaningful Review Case: Larry L. Thomas, Jr. v. Major Ron James Court: United States Court of Appeals for...

Government-Required Training-Video Correction Counts as Labor Under the Miller Act

Date: Nov 4, 2026

Government-Required Training-Video Correction Counts as Labor Under the Miller Act Case: Southern Equipment & Services, LLC v. Windamir Development, Inc. Court: United States Court of Appeals for the...

Disciplinary Warnings After Muldrow: Actual Employment Harm and Retaliatory Causation

Date: Nov 4, 2026

Disciplinary Warnings After Muldrow: Actual Employment Harm and Retaliatory Causation Case: Steven Epperson v. The Hertz Corporation Court: United States Court of Appeals for the Eleventh Circuit...

Supervised-Release Revocation: Circumstantial Proof and Deterrence-Based Upward Variances

Date: Nov 4, 2026

Supervised-Release Revocation: Circumstantial Proof and Deterrence-Based Upward Variances Case: United States v. Cortez Green Court: United States Court of Appeals for the Eleventh Circuit Date:...

Specific Leadership Findings and Undisputed Losses Can Support Full Conspiracy Restitution

Date: Nov 4, 2026

Specific Leadership Findings and Undisputed Losses Can Support Full Conspiracy Restitution United States v. Malcolm Jeffrey United States Court of Appeals for the Eleventh Circuit No. 25-14537 |...

Sentence-Appeal Waivers Bar Ordinary Reasonableness Challenges Absent an Applicable Exception

Date: Nov 4, 2026

Sentence-Appeal Waivers Bar Ordinary Reasonableness Challenges Absent an Applicable Exception Case: United States v. Darryl Payne, No. 26-10590 Court: United States Court of Appeals for the Eleventh...

Affirmative Acceptance of a Criminal-History Calculation Bars a Later Appellate Challenge

Date: Nov 4, 2026

Affirmative Acceptance of a Criminal-History Calculation Bars a Later Appellate Challenge Case: United States v. Herman Steen Court: United States Court of Appeals for the Eleventh Circuit Date:...

Compassionate-Release Denials Require the Applicable Guideline and an Explanation Permitting Meaningful Review

Date: Nov 4, 2026

Compassionate-Release Denials Require the Applicable Guideline and an Explanation Permitting Meaningful Review Case: United States v. Leon Spikes, Sr., No. 26-10132 Court: United States Court of...

Entrapment Instructions Require Evidence of Government Pressure Beyond an Undercover Opportunity

Date: Nov 1, 2026

Entrapment Instructions Require Evidence of Government Pressure Beyond an Undercover Opportunity Case: United States v. Obdy Guerrero, No. 26-10313 Court: United States Court of Appeals for the...

Acceptance of Responsibility Under § 3E1.1: Unrelated Post-Plea Crime May Justify Denying a Reduction

Date: Oct 31, 2026

Acceptance of Responsibility Under § 3E1.1: Unrelated Post-Plea Crime May Justify Denying a Reduction Case: United States v. Chadwick Lemaine Court: United States Court of Appeals for the Eleventh...

Section 2255 Review: A Cognizability Ruling Can Resolve a Sentencing Claim, but a Procedural COA Must Identify a Constitutional Issue

Date: Oct 31, 2026

Section 2255 Review: A Cognizability Ruling Can Resolve a Sentencing Claim, but a Procedural COA Must Identify a Constitutional Issue Case: Dustin Lee McLellan v. United States Court: United States...

Section 924(c) Permits Cumulative Punishment; State-Drug Career-Offender Challenge Fails Plain-Error Review

Date: Oct 31, 2026

Section 924(c) Permits Cumulative Punishment; State-Drug Career-Offender Challenge Fails Plain-Error Review Case: United States v. Alex Winters Court: United States Court of Appeals for the Eleventh...

Title VII Pleading: Employer Liability, Comparator Facts, and Retaliatory Causation Must Be Plausibly Alleged

Date: Oct 31, 2026

Title VII Pleading: Employer Liability, Comparator Facts, and Retaliatory Causation Must Be Plausibly Alleged Case: Elijah Timothy Speed v. Reddy Ice LLC Court: United States Court of Appeals for the...

Invited Error and Unsettled SORNA Tier Law Limit Appellate Sentencing Challenges

Date: Oct 31, 2026

Invited Error and Unsettled SORNA Tier Law Limit Appellate Sentencing Challenges Case: United States v. Octavius Durdley Court: United States Court of Appeals for the Eleventh Circuit Date: October...

Personal Immigration Developments Do Not Satisfy the Changed-Country-Conditions Exception to Untimely Reopening

Date: Oct 31, 2026

Personal Immigration Developments Do Not Satisfy the Changed-Country-Conditions Exception to Untimely Reopening Case: Toral Baldevbhai Patel v. U.S. Attorney General Court: United States Court of...

Invited Error and Unsettled SORNA Tier Law Limit Appellate Sentencing Relief

Date: Oct 31, 2026

Invited Error and Unsettled SORNA Tier Law Limit Appellate Sentencing Relief Case: United States v. Octavius Durdley Court: United States Court of Appeals for the Eleventh Circuit Date: October 29,...

SORNA Sentencing Appeals: Invited Error and Unsettled Tier-Classification Law

Date: Oct 31, 2026

SORNA Sentencing Appeals: Invited Error and Unsettled Tier-Classification Law Case: United States v. Octavius Durdley Court: United States Court of Appeals for the Eleventh Circuit Date: October 29,...

Fact-Only Challenges to Federal and Florida Immunity Denials Fall Outside Interlocutory Appellate Jurisdiction

Date: Oct 31, 2026

Fact-Only Challenges to Federal and Florida Immunity Denials Fall Outside Interlocutory Appellate Jurisdiction Case: Yolanda Lopez v. Gabriela Llanes, No. 25-12239 Court: United States Court of...

Post-Removal Mootness and the Limits of Suspension Clause Review of Expedited Removal

Date: Oct 30, 2026

Post-Removal Mootness and the Limits of Suspension Clause Review of Expedited Removal Case: Yoel Pitaluga Nunez v. Field Office Director of U.S. Immigration and Customs Enforcement Miami Field Office...