6th Circuit Case Commentaries

Private-Actor Asylum Claims: Nonreporting Is Not Dispositive, but Reversal Requires Compelling Evidence

Date: Oct 17, 2026

Private-Actor Asylum Claims: Nonreporting Is Not Dispositive, but Reversal Requires Compelling Evidence Case: Sandra Cabrera-Lopez v. Todd Blanche, No. 25-3773 Court: United States Court of Appeals...

Marijuana Odor Remains Probable Cause Despite State Reform: Discovery and Jury-Instruction Limits on Reversal

Date: Oct 17, 2026

Marijuana Odor Remains Probable Cause Despite State Reform: Discovery and Jury-Instruction Limits on Reversal Case: United States v. Devante Garrett, No. 25-5779 Court: United States Court of Appeals...

General Dangerousness Can Support Felon Disarmament Without Proof of Firearm-Specific Violence

Date: Oct 17, 2026

General Dangerousness Can Support Felon Disarmament Without Proof of Firearm-Specific Violence Case: United States v. Michael Bloomfield, No. 25-3961 Court: United States Court of Appeals for the...

Expanded Injury Accounts and Missing Accessible Corroboration Support Denial of Immigration Relief

Date: Oct 17, 2026

Expanded Injury Accounts and Missing Accessible Corroboration Support Denial of Immigration Relief Case: Baichao Li v. Todd Blanche, No. 26-3001 Court: United States Court of Appeals for the Sixth...

Pervasive Prison Mold and Clearly Established Rights: Defendant-Specific Facts Are Essential

Date: Oct 17, 2026

Pervasive, Health-Threatening Prison Mold Violates Clearly Established Rights—But Each Official’s Deliberate Indifference Must Be Plausibly Pleaded Case: Paula Bailey v. Mich. Dep't of Corr., No....

A Locked Console Does Not Defeat the Firearm–Drug-Trafficking Enhancement When Access Is Reasonably Inferred

Date: Oct 17, 2026

A Locked Console Does Not Defeat the Firearm–Drug-Trafficking Enhancement When Access Is Reasonably Inferred Case: United States v. Tony Johnson Court: United States Court of Appeals for the Sixth...

Credible Gang Threats Do Not Alone Establish Governmental Inability or Unwillingness to Protect

Date: Oct 16, 2026

Credible Gang Threats Do Not Alone Establish Governmental Inability or Unwillingness to Protect Case: Gerson Gerardo Rosales-Camaja v. Todd Blanche Court: United States Court of Appeals for the Sixth...

Insurance Rescission and Claim Preclusion: Related Contract Claims Are Barred, While Negligence Requires an Independent Duty

Date: Oct 16, 2026

Insurance Rescission and Claim Preclusion: Related Contract Claims Are Barred, While Negligence Requires an Independent Duty Case: Michigan 32, LLC v. Travelers Ins. Co. Court: United States Court of...

General Risk-Control Approval Does Not Bar Rescission for a False Fire-Alarm Representation

Date: Oct 16, 2026

General Risk-Control Approval Does Not Bar Rescission for a False Fire-Alarm Representation Case: Northfield Ins. Co. v. Michigan 32, LLC Court: United States Court of Appeals for the Sixth Circuit...

Pretrial Diversion Is No Categorical Shield from Felon Disarmament Under the Second Amendment

Date: Oct 16, 2026

Pretrial Diversion Is No Categorical Shield from Felon Disarmament Under the Second Amendment Case: United States v. Dalonta Crudup, No. 26-5293 Court: United States Court of Appeals for the Sixth...

Rule 29 Waiver, Circumstantial Proof of Promotional Intent, and Clear-Error Review of Perjury Enhancements

Date: Oct 16, 2026

Rule 29 Waiver, Circumstantial Proof of Promotional Intent, and Clear-Error Review of Perjury Enhancements Case: United States v. Irfan Gill Court: United States Court of Appeals for the Sixth...

Post-Inspection Performance Waivers Can Bar Claims Arising from Later Website Migration

Date: Oct 15, 2026

Post-Inspection Performance Waivers Can Bar Claims Arising from Later Website Migration Case: Joon Bum Yoo v. Grupo MContigo S.L. Court: United States Court of Appeals for the Sixth Circuit Decision...

BIA Briefing Controls Exhaustion of False-Citizenship Intent Challenges

Date: Oct 15, 2026

BIA Briefing Controls Exhaustion of False-Citizenship Intent Challenges Case: Ruslan Guryanov v. Todd Blanche Court: United States Court of Appeals for the Sixth Circuit Date: October 14, 2026 Case...

Felon Disarmament Without Actual Injury: Assessing Dangerousness Through Conduct and Criminal History

Date: Oct 15, 2026

Felon Disarmament Without Actual Injury: Assessing Dangerousness Through Conduct and Criminal History Case: United States v. Lamell Parker Court: United States Court of Appeals for the Sixth Circuit...

Administrative Search Warrants and Obstruction Arrests: Qualified Immunity When the Duty to Unlock Is Unsettled

Date: Oct 15, 2026

Administrative Search Warrants and Obstruction Arrests: Qualified Immunity When the Duty to Unlock Is Unsettled Case: Elizabeth Fox v. City of Jackson, Mich. Court: United States Court of Appeals for...

Adding One Day for Good-Time Eligibility Does Not Violate Tapia: Supervised-Release Revocation Sentencing

Date: Oct 15, 2026

Adding One Day for Good-Time Eligibility Does Not Violate Tapia: Supervised-Release Revocation Sentencing Case: United States v. Cleve CJ Westbrook III Court: United States Court of Appeals for the...

Bankruptcy Attorney Suspensions Require Specific Findings and a Justified Sanction

Date: Sep 24, 2026

Bankruptcy Attorney Suspensions Require Specific Findings and a Justified Sanction Case: In re: Clark & Washington, P.C., No. 25-8020 (Sixth Circuit Bankruptcy Appellate Panel, Sept. 22, 2026)....

Tennessee Building Burglary Qualifies Under the ACCA: United States v. Markel Strong

Date: Sep 24, 2026

Tennessee Building Burglary Qualifies Under the ACCA: United States v. Markel Strong Introduction In United States v. Markel Strong, decided September 22, 2026, the Sixth Circuit considered whether a...

Cancellation of Removal: Factual Hardship Findings Are Unreviewable, but the Legal Hardship Standard Remains Reviewable

Date: Sep 24, 2026

Cancellation of Removal: Factual Hardship Findings Are Unreviewable, but the Legal Hardship Standard Remains Reviewable Patience Fofo Allotey v. Todd Blanche | U.S. Court of Appeals for the Sixth...

Post-Expiration Conduct Cannot Support Supervised-Release Revocation After Rico (No Absconder Tolling)

Date: Sep 23, 2026

Post-Expiration Conduct Cannot Support Supervised-Release Revocation After Rico (No Absconder Tolling) Introduction In United States v. Hassan-Nur Mohamed (6th Cir. Sept. 18, 2026), the Sixth Circuit...