Tag Archives: Judge Timothy Tymkovich

10th Circuit: REAL ID Act deprives courts of jurisdiction to consider untimely habeas petitions

Lina Thoung came to the United States illegally in 2002, and fraudulently obtained citizenship here in 2007. In 2012, her fraud came to light, and she pleaded guilty and stipulated to a removal order, but could not then be deported … Continue reading

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Tenth Circuit rejects challenge to donor disclosure requirement in Colorado election law

The Independence Institute wanted to run a television ad right before the 2014 general election that criticized Colorado’s failure to audit its health insurance exchange, and which asked viewers to contact the governor (who was then up for re-election) to … Continue reading

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Tenth Circuit holds worker can’t convert early retirement pension to a disability pension

For those of you who like ERISA, yesterday the Tenth Circuit decided Martinez v. Plumbers & Pipefitters National Pension Plan, affirming a decision that an employee was not entitled to convert an early retirement pension to a disability pension. Judge … Continue reading

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Judge Timothy Tymkovich to be new Chief Judge of the Tenth Circuit

This morning Chief Judge Mary Beck Briscoe announced that she will step down as chief judge of the Tenth Circuit, effective September 30, 2015, according to this news release on the Tenth Circuit’s website. Judge Timothy Tymkovich will serve as … Continue reading

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10th Circuit: New Mexico county’s challenge to election injunction is moot

A lot of problems occurred in the City of Rio Rancho during the 2012 general election. Long lines as a result of too few voting locations drove many potential voters to give up in frustration. Several voters filed a Section … Continue reading

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10th Circuit: If you think someone’s stealing your beer, take your claim to the bar before it’s barred

Eric Alden knew something funny was going on at the Wyoming liquor store that he managed and operated. In 2005, the store’s accountant notified him that beer purchases had exceeded beer sales for some time. Mr. Alden also learned about significant discrepancies … Continue reading

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Tenth Circuit denies en banc review in Guarantee Clause case

Yesterday the Tenth Circuit voted to deny en banc review in Kerr v. Hickenlooper. Judges Hartz, Tymkovich, Holmes, and Gorsuch dissented. To recap, the Guarantee Clause is located in Article IV, Section 4 of the United States Constitution, and provides … Continue reading

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