6th Circuit Case Commentaries

Sixth Circuit Holds 8 U.S.C. § 1252(b)(1)’s 30-Day Immigration Petition Deadline Is Subject to Equitable Tolling

Date: May 2, 2026

Sixth Circuit Holds 8 U.S.C. § 1252(b)(1)’s 30-Day Immigration Petition Deadline Is Subject to Equitable Tolling Introduction In Jorge Oxlaj-Perez v. Todd Blanche, the Sixth Circuit addressed a...

Later Interpreter Disqualification Does Not Require Reopening Without Specific Mistranslation or Prejudice

Date: May 2, 2026

Later Interpreter Disqualification Does Not Require Reopening Without Specific Mistranslation or Prejudice Introduction In Efra Samba Deh v. Todd Blanche, the Sixth Circuit addressed whether...

Invited Error Bars First-Time Challenge to Large-Capacity-Magazine Enhancement Absent Manifest Injustice

Date: May 1, 2026

Invited Error Bars First-Time Challenge to Large-Capacity-Magazine Enhancement Absent Manifest Injustice Introduction In United States v. Ricky House, the Sixth Circuit affirmed a 96-month sentence...

Attorney Discipline Upheld Where Recusal, Notice, and Privilege Objections Show No Prejudice or Objective Bias

Date: May 1, 2026

Attorney Discipline Upheld Where Recusal, Notice, and Privilege Objections Show No Prejudice or Objective Bias Introduction In In re Van Irion, the Sixth Circuit affirmed disciplinary sanctions...

Money-Motivated Gang Extortion, Without Protected-Ground Motive, Does Not Establish Asylum Nexus

Date: May 1, 2026

Money-Motivated Gang Extortion, Without Protected-Ground Motive, Does Not Establish Asylum Nexus Introduction In Julio Francisco Sebastian v. Todd Blanche, the Sixth Circuit denied a petition for...

Sixth Circuit Adopts IIRIRA Substantial-Evidence Review for Cancellation-of-Removal Hardship Determinations

Date: May 1, 2026

Sixth Circuit Adopts IIRIRA Substantial-Evidence Review for Cancellation-of-Removal Hardship Determinations Introduction In Jose Baltazar Us v. Todd Blanche, the Sixth Circuit denied Jose Baltazar...

Flooding Takings Claims Require Foreseeable Government-Caused Invasion and a Government Possessory Interest in the Drain Easement

Date: Apr 30, 2026

Flooding Takings Claims Require Foreseeable Government-Caused Invasion and a Government Possessory Interest in the Drain Easement Case: Willienard Banks v. Charter Twp. of Bloomfield, Mich. (6th Cir....

Odor of Burnt Marijuana Justifies Prolonged Detention and Automobile-Exception Search; Credibility Findings Control Suppression Review

Date: Apr 30, 2026

Odor of Burnt Marijuana Justifies Prolonged Detention and Automobile-Exception Search; Credibility Findings Control Suppression Review 1. Introduction In United States v. Antoine Gaither (6th Cir....

No Bivens Extension for Post–Sentence-Reduction Overdetention; FTCA Six-Month Filing Deadline Strictly Enforced

Date: Apr 29, 2026

No Bivens Extension for Post–Sentence-Reduction Overdetention; FTCA Six-Month Filing Deadline Strictly Enforced Introduction In Charles Crenshaw v. Warden, Lorain Corr. Inst. (6th Cir. Apr. 28, 2026)...

Negative X-Rays Cannot Rebut Legal Pneumoconiosis Under the Fifteen-Year Presumption, and Issues Not Raised to the Benefits Review Board Are Forfeited

Date: Apr 29, 2026

Negative X-Rays Cannot Rebut Legal Pneumoconiosis Under the Fifteen-Year Presumption, and Issues Not Raised to the Benefits Review Board Are Forfeited 1. Introduction Sequoia Energy, LLC v. Amy...

Upward “Variance,” Not Guidelines “Departure”: No U.S.S.G. § 4A1.3 Findings Required When the District Court Moves Above the Plea-Range Based on § 3553(a)

Date: Apr 29, 2026

Upward “Variance,” Not Guidelines “Departure”: No U.S.S.G. § 4A1.3 Findings Required When the District Court Moves Above the Plea-Range Based on § 3553(a) 1. Introduction In United States v. Ernest...

Clear-Error Deference Governs § 3E1.1 Acceptance-of-Responsibility Determinations Even on Undisputed Facts

Date: Apr 29, 2026

Clear-Error Deference Governs § 3E1.1 Acceptance-of-Responsibility Determinations Even on Undisputed Facts United States v. Jaylen Simpson (6th Cir. Apr. 27, 2026) Appeal from the Western District of...

Reliable Testimony, “Same Course of Conduct,” and Burden-Shifting Sustain Drug-Weight Attribution and §2D1.1(b)(1) Firearm Enhancement

Date: Apr 26, 2026

Reliable Testimony, “Same Course of Conduct,” and Burden-Shifting Sustain Drug-Weight Attribution and §2D1.1(b)(1) Firearm Enhancement 1. Introduction In United States v. Curtis Phillips (6th Cir....

Sixth Circuit En Banc: “Actual Cash Value” Auto-Insurance Classes Challenging “Typical Negotiation” Adjustments Fail Rule 23(b)(3) Predominance; “Refund-the-Adjustment” Damages Models Violate the Rules Enabling Act

Date: Apr 26, 2026

Sixth Circuit En Banc: “Actual Cash Value” Auto-Insurance Classes Challenging “Typical Negotiation” Adjustments Fail Rule 23(b)(3) Predominance; “Refund-the-Adjustment” Damages Models Violate the...

Driscoll v. Smiley: Deadly Force in Welfare Checks After Barnes v. Felix—No “Moment-of-Threat” Shortcut and No Weapon Without Objective Indicia

Date: Apr 26, 2026

Driscoll v. Smiley: Deadly Force in Welfare Checks After Barnes v. Felix—No “Moment-of-Threat” Shortcut and No Weapon Without Objective Indicia 1. Introduction Case: Cory Driscoll v. Montgomery Cnty....

Qualified Immunity for Suicide-Prevention Welfare Checks: Objectively Reasonable Belief Justifies Warrantless Entry and Brief Display of Weapons

Date: Apr 26, 2026

Qualified Immunity for Suicide-Prevention Welfare Checks: Objectively Reasonable Belief Justifies Warrantless Entry and Brief Display of Weapons Mark W. Eurton, Jr. and Lauren E. Whisman v. Parker...

AEDPA Deference Controls: Excited-Utterance Confrontation Claims, Dual Harmless-Error Review (Brecht + AEDPA), and “Stray” Strickland Wording in Capital Habeas

Date: Apr 24, 2026

AEDPA Deference Controls: Excited-Utterance Confrontation Claims, Dual Harmless-Error Review (Brecht + AEDPA), and “Stray” Strickland Wording in Capital Habeas I. Introduction In Phillip Jones v. Tim...

Rule 11 Misstatement of § 924(c) “Use/Carry” Elements Is Not Plainly Reversible Without Prejudice

Date: Apr 24, 2026

Rule 11 Misstatement of § 924(c) “Use/Carry” Elements Is Not Plainly Reversible Without Prejudice I. Introduction United States v. JoiSade Wilford (6th Cir. Apr. 22, 2026) is an unpublished decision...

Forum-Directed Wage Garnishment Creates Specific Jurisdiction Over Out-of-State Debt-Collection Counsel

Date: Apr 24, 2026

Forum-Directed Wage Garnishment Creates Specific Jurisdiction Over Out-of-State Debt-Collection Counsel Case: Alexander Ross v. Robinson, Hoover & Fudge, PLLC Court: Court of Appeals for the Sixth...

Red Flags Do Not Automatically Defeat § 548(c) Good Faith; Actual-Notice Service of a Michigan Non-Periodic Garnishment Perfects a Lien Outside the § 547 Preference Period

Date: Apr 24, 2026

Red Flags Do Not Automatically Defeat § 548(c) Good Faith; Actual-Notice Service of a Michigan Non-Periodic Garnishment Perfects a Lien Outside the § 547 Preference Period 1. Introduction In Jeff A....