June 17, 2019

Tenth Circuit: Opinions, 6/4/10

The Tenth Circuit on Friday issued two published opinion and four unpublished opinions.


In Thomas v. Durastanti, the Court reversed the district court’s decision denying Petitioner Durastanti qualified immunity. Petitioner, an agent with the federal Bureau of Alcohol, Tobacco, Firearms and Explosives, did not use unconstitutionally excessive force in drawing his weapon. Petitioner’s actions were reasonable under the circumstances and the use of deadly force was not objectively unreasonable; an officer’s reasonable, even if mistaken, perception that a vehicle may be used as a weapon may allow for the use of deadly force based on the totality of the circumstances.

In United States v. Adame-Orozco, the Court affirmed the district court’s conviction of Petitioner for illegally reentering the United States after a prior deportation. Petitioner was never deprived of the opportunity for judicial reviewing his federal deportation proceedings. Under 8 U.S.C. § 1326(d), a deportation order may be appealed to the Board of Immigration Appeals, and in turn appealed to a federal court. However, the statute does not guarantee judicial review in state court of Petitioner’s underlying state felony convictions. Additionally, the statute does not require a stay of federal deportation proceedings so long as some appellate or collateral review of Petitioner’s state felony convictions happens to be ongoing.


Murphy v. Colorado Dept. of Corrections

Glover v. Mabrey

Howard v. Birchfield

Pellino v. Province

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