July 19, 2019

Archives for December 5, 2012

New Ralph L. Carr Colorado Judicial Center To Welcome First Residents — the Colorado Supreme Court, Court of Appeals, Supreme Court Library, and Office of the State Court Administrator

On Monday, December 3, 2012, the Colorado State Judicial Branch announced that the Colorado Supreme Court, Colorado Court of Appeals, Supreme Court Library, and Office of the State Court Administrator will be moving into the newly constructed Ralph L. Carr Colorado Judicial Center on December 15 and 16, 2012.

In anticipation of the move, the Supreme Court and Court of Appeals will close at 4 p.m. on Friday, December 14. They will reopen in their new location on Wednesday, December 19. Any deadlines for filings on December 17 or 18 in either court are automatically extended to December 19. The Supreme Court will not announce any decisions on December 17 and the Court of Appeals will not announce any decisions on December 20.

The Supreme Court and Court of Appeals will stop checking out records on Friday, December 7, and will not accept records for return or filing until Friday, December 21. Any records with a due date during this time period are automatically extended until December 21.

The Supreme Court Library closed on November 23, and will also reopen on December 19. The Office of the State Court Administrator will close on Friday, December 14, and will reopen on Monday, December 17.

Additionally, a media tour of the new Justice Center is being planned for Tuesday, December 11. Details will follow on the State Judicial website. For more information regarding the move to the new Justice Center, click here.

Finalists Selected for Judgeship in El Paso County Court

On Monday, December 3, 2012, the Fourth Judicial District Nominating Commission announced its selection of three finalists to fill a vacancy on the El Paso County Court bench. The vacancy was created when Judge Marla Prudek was appointed to the District Court in the Fourth Judicial District, effective November 9, 2012.

The three nominees are Michael Feeney of Colorado Springs, Laura Findorff of Castle Rock, and Sheilagh McAteer of Colorado Springs. The nominees were selected on Friday, November 30, 2012.

Under the Colorado Constitution, the governor has 15 days from December 3, 2012 to appoint one of the nominees as El Paso County Court Judge. Comments regarding any of the nominees may be sent to the governor via email. Contact information for the nominees may be found here.

Tenth Circuit: Petitioner Has No Fifth Amendment Liberty or Property Interest in Obtaining Purely Discretionary Relief from Deportation

The Tenth Circuit issued its opinion in Aguilar-Aguilar v. Napolitano on Monday, December 3, 2012.

In August 2010, the Department of Homeland Security (DHS) started “regular” removal proceedings against Aguilar-Aguilar (“Petitioner”), a citizen of Mexico. Petitioner conceded his removability as an alien present in the United States without being admitted, and also because California convicted him in 2009 of an aggravated felony. Petitioner told the immigration judge, however, that he was in the process of seeking discretionary relief the form of adjustment of status to lawful permanent resident. However, as an alien without lawful residency who had been convicted of an aggravated felony, Petitioner was amenable to “expedited” removal proceedings. A Final Administrative Removal Order (FARO) was issued directing his removal to Mexico without a hearing.

Petitioner asked the Tenth Circuit to review the FARO, because he claimed it was issued in violation of his Fifth Amendment right to procedural due process.  Petitioner sought to present evidence to convince DHS to terminate expedited removal proceedings and allow him to obtain a decision of his status on the merits of his application before a judge.

To claim a violation of his right to procedural due process, Petitioner must have a liberty or property interest in the outcome of the proceedings. The outcome Petitioner sought in this case was the chance to present evidence to obtain a decision on the merits of his application. Petitioner has a constitutionally protected interest in such outcome only if the regulations provide substantive criteria limiting DHS’s discretion to deny him that outcome. Because neither § 1228(b) nor 8 C.F.R. § 238.1 limited DHS’s discretion to deport Petitioner without a hearing,  he had no liberty or property interest in obtaining discretionary relief on the merits.


Tenth Circuit: Unpublished Opinions, 12/3/12

On Monday, December 3, 2012, the Tenth Circuit Court of Appeals issued one published opinion and six unpublished opinions.

Solomon v. Timberlake

Brainard v. BAC Home Loans Servicing

Fundamental Administrative Services v.  Patton

Ochoa v. Trammell

Hill v. Daniels

Martinez-Carbajal v. Holder

No case summaries are provided for unpublished opinions. However, published opinions are summarized and provided by Legal Connection.