Valdez-Valdez v. US (10th Cir. 5/13/08)

The 10th Cir reversed a conviction for transporting aliens, where the police pulled over a truck for driving under the speed limit. It found that moderately slow driving did not give police "reasonable suspicion" to pull over the truck.

Read opinion here: 

Yang v. Archuleta (10th Cir. 4/22/08)

O'BRIEN, McKay, Gorsuch

In federal habeas corpus petition, filed outside the one-year filing period, prisoner argued that lack of English was "extraordinary circumstance," justifying equitable tolling.  10th Cir rejects 2d and 9th cir caselaw, finds language barriers do not constitute an extraordinary circumstance. Contra Mendoza v. Carey, 449 F.3d 1065, 1069 (9th Cir. 2005); Diaz v. Kelly, 515 F.3d 149 (2d Cir. 2008).

http://ca10.washburnlaw.edu/cases/2008/04/07-1459.pdf

USA v. Ochoa-Colchado (10th Cir. 4/14/08)

BRISCOE, Seymour, Lucero

The Defendant was a Cancellation applicant, with an EAD and a Social Security number - he had firearms in his house.  Court said that the fact that his status was tolerated and that employment was authorized did not eliminate his status as one illegally present; distinguished those granted TPS, as there is a clear difference between being granted TPS and apply for LPR status.

http://ca10.washburnlaw.edu/cases/2008/04/07-4023.pdf

Falaniko v. Mukasey (10th Cir. 4/9/08) (unpublished)

PER CURIAM Briscoe, Baldock, Lucero

The 10th Cir issued a 14 page unpublished decision, analyzing 212(c), and rejecting the 2d Cir's approach in Blake v. Carbone, 489 F.3d 88, 94 (2nd Cir. 2007).  The 10th Cir agreed with the majority of circuits that the EqPro analysis must focus on the ground of removability / inadmissibility, and not simply the criminal offense.

Read unpublished order here: