November 23, 2014

Tenth Circuit: Opinions, 7/19/10

The Tenth Circuit on Monday issued three published opinions and eight unpublished opinions.

Published

In Iliev v. Holder, Jr., the Court denied and dismissed the Petitioner’s appeal. The immigration court utilized the proper legal standard when analyzing Petitioner’s application for a hardship waiver. Additionally, the remaining elements of the appeal were dismissed as outside the Court’s jurisdiction.

In Mink v. Knox, the Court reversed the district court’s decision and found that Respondent district attorney may be liable for her actions against Petitioner leading up to a libel charge. Respondent does not qualify for qualified immunity as a government official working in that capacity; additionally, the lack of particularity in the warrant providing for seizure of Petitioner’s property lacked particularity in violation of Petitioner’s constitutional rights.

In Rocky Mountain Christian Church v. Board of County Commissioners of Boulder County, the Court affirmed the district court’s decision finding that Petitioner Board of County Commissioners’ denial of Respondent’s special use application violated the Religious Land Use and Institutionalized Persons Act. Petitioners failed to meet the burdens outline by the statute, including the substantial burden, equal terms, and unreasonable limitations provisions.

Unpublished

Fulcher v. City of Wichita

Zorig v. Holder, Jr.

Platta v. Janecka

Hallcy v. Milyard

United States v. Juarez-Lozano

United States v. Garrod

United States v. Brown

United States v. Meridyth

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