U.S. Court of Appeals for the Fifth Circuit, 2024

In Re: Oscar Silva Perez

In Re: Oscar Silva Perez
U.S. Court of Appeals for the Fifth Circuit · Decided November 1, 2024

In Re: Oscar Silva Perez

Opinion

Case: 24-40671 Document: 61-2 Page: 1 Date Filed: 11/01/2024

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED ____________ November 1, 2024 No. 24-40671 Lyle W. Cayce ____________ Clerk In re Oscar Silva Perez; Natalie Taylor; Justin Doe; Salvador Doe; Cindy Siqueiros Maduena; Jessika Ocampo Hernandez; Ricardo Ocampo Hernandez; Genaro Vicencio Palomino; Foday Turay; Jaxhiel Turay; Carmen Miranda Zayas; Coalition for Humane Immigrant Rights, Petitioners. ______________________________ Petition for Writ of Mandamus to the United States District Court for the Eastern District of Texas USDC No. 6:24-CV-306 ______________________________ PUBLISHED ORDER Before Jones, Duncan, and Douglas, Circuit Judges.

Per Curiam: FRAP 46(c) provides that a court of appeals may discipline an attor- ney who practices before it for failure to comply with any court rule. Under 5th Cir. R. 46.3, attorneys are required to cite in their entry of appearance form “all pending related cases and any cases on the docket of the Supreme Court, or this or any other United States Court of Appeals, which involve a similar issue or issues.” In this case, counsel for petitioners failed to list a related appeal, case No. 24-40571, in their Notice of Form for Appearance.

The court directed counsel to show cause why the court should not impose Case: 24-40671 Document: 61-2 Page: 2 Date Filed: 11/01/2024

No. 24-40671

disciplinary action for such omission. In response, counsel assert that failure to list the case was an inadvertent oversight and resulted in no prejudice, and that there is a “colorable argument” that they were not required to list the appeal. Counsel ensure that this omission will not be made again.

Counsel are ADMONISHED that such omission violated a rule of this court and falls below the standard expected of counsel appearing before this court. Counsel are WARNED that failure to comply with court rules in the future may result in sanctions and/or referral to the Chief Judge for con- sideration of disciplinary action.

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