10th Circuit Case Commentaries

Constitutional Challenges Belong Under § 2255, Not Compassionate Release: United States v. Jones

Date: Oct 25, 2026

Constitutional Challenges Belong Under § 2255, Not Compassionate Release Commentary on United States v. Jones, No. 24-5034, United States Court of Appeals for the Tenth Circuit, October 23, 2026....

Moreno v. Bondi: Diligence and Prejudice Requirements Limit Ineffective-Assistance Challenges to Removal Proceedings

Date: Oct 24, 2026

Moreno v. Bondi: Diligence and Prejudice Requirements Limit Ineffective-Assistance Challenges to Removal Proceedings Court: United States Court of Appeals for the Tenth Circuit Date: October 23, 2026...

United States v. Luker: Settled Law Forecloses a Certificate of Appealability on Ineffective-Assistance Claims

Date: Oct 24, 2026

United States v. Luker: Settled Law Forecloses a Certificate of Appealability on Ineffective-Assistance Claims Court: United States Court of Appeals for the Tenth Circuit Date: October 23, 2026 Case...

Documented Tribal Privacy and Cultural Harms Can Justify Prohibiting National-Park Air Tours

Date: Oct 24, 2026

Documented Tribal Privacy and Cultural Harms Can Justify Prohibiting National-Park Air Tours Case: Adams v. FAA, No. 25-9526 Court: United States Court of Appeals for the Tenth Circuit Decision:...

Preserving Disability Appeals and Reviewing RFC Findings for Substantial Evidence

Date: Oct 24, 2026

Preserving Disability Appeals and Reviewing RFC Findings for Substantial Evidence Case: Maxfield v. Bisignano Court: United States Court of Appeals for the Tenth Circuit Decided: October 22, 2026...

United States v. Warner: Cumulative Circumstances Can Justify an Investigatory Stop and Proportionate Protective Force

Date: Oct 24, 2026

Cumulative Circumstances Can Justify an Investigatory Stop and Proportionate Protective Force United States v. Warner United States Court of Appeals for the Tenth Circuit No. 25-2149 — October 22,...

Individualized CAT Claims, Discretionary Severance, and Appellate Briefing Waiver: Chilingarian v. Blanche

Date: Oct 23, 2026

Individualized CAT Claims, Discretionary Severance, and Appellate Briefing Waiver Case: Chilingarian v. Blanche Court: United States Court of Appeals for the Tenth Circuit Date: October 20, 2026...

Public-Employee Retaliation Claims: Public Criticism of Unauthorized Spending Need Not Be Pleaded Verbatim

Date: Oct 23, 2026

Public-Employee Retaliation Claims: Public Criticism of Unauthorized Spending Need Not Be Pleaded Verbatim Case: Stimatze v. Board of Commissioners Geary County, Kansas Court: United States Court of...

Individual CAT Eligibility, BIA Severance, and Appellate Briefing Waiver: Chilingarian v. Blanche

Date: Oct 23, 2026

Individual CAT Eligibility Permits Separate Disposition of Family Claims; Inadequate Briefing Forecloses Appellate Review Case: Chilingarian v. Blanche Court: United States Court of Appeals for the...

Family Ties Do Not Create Derivative CAT Protection: Individualized Risk, Severance, and Appellate Waiver

Date: Oct 23, 2026

Family Ties Do Not Create Derivative CAT Protection: Individualized Risk, Severance, and Appellate Waiver Case: Chilingarian v. Blanche Court: United States Court of Appeals for the Tenth Circuit...

No New Six-Month Presumption for Immigration Re-Detention: Enforcing Prompt-Interview Safeguards

Date: Oct 23, 2026

No New Six-Month Presumption for Immigration Re-Detention: Enforcing Prompt-Interview Safeguards Case: Abedi v. Carter, No. 25-3179 Court: United States Court of Appeals for the Tenth Circuit...

Separate Final Bankruptcy Appellate Judgments Do Not Merge: Limits on Reviewing Unappealed Stay Relief

Date: Oct 22, 2026

Separate Final Bankruptcy Appellate Judgments Do Not Merge: Limits on Reviewing Unappealed Stay Relief Case: Lopez v. Jenkins Court: United States Court of Appeals for the Tenth Circuit Date: October...

ADEA Pretext: Disagreement with Performance Assessments Does Not Alone Undermine an Employer’s Honest Belief

Date: Oct 22, 2026

ADEA Pretext: Disagreement with Performance Assessments Does Not Alone Undermine an Employer’s Honest Belief Case: Feldkamp v. University of Kansas Hospital Authority, No. 25-3185 Court: United...

Individual CAT Eligibility, Family-Case Severance, and the Consequences of Inadequate Appellate Briefing

Date: Oct 22, 2026

Individual CAT Eligibility, Family-Case Severance, and the Consequences of Inadequate Appellate Briefing Case: Chilingarian v. Blanche Court: United States Court of Appeals for the Tenth Circuit...

United States v. Jaghoori: The Second Amendment Does Not Protect False Actual-Buyer Statements in Firearm Purchases

Date: Oct 22, 2026

The Second Amendment Does Not Protect False Actual-Buyer Statements in Firearm Purchases Case: United States v. Jaghoori, No. 25-3192 Court: United States Court of Appeals for the Tenth Circuit...

Correcting Potentially False Testimony Under Napue: Express Acknowledgment of Negative Laboratory Results Can Suffice

Date: Oct 22, 2026

Correcting Potentially False Testimony Under Napue: Express Acknowledgment of Negative Laboratory Results Can Suffice Case: United States v. Smith, No. 26-5020 Court: United States Court of Appeals...

Appellate Briefing Waiver and the Limits of Review of Later Filing Restrictions

Date: Oct 18, 2026

Appellate Briefing Waiver and the Limits of Review of Later Filing Restrictions Case: Wakat v. Lamar Advertising Co. and related appeals, Nos. 25-5127, 25-5134, 25-5135, and 25-5137 Court: United...

Unbriefed Dismissal Challenges Are Waived; Later, Separately Entered Filing Restrictions Require Their Own Appeal

Date: Oct 18, 2026

Unbriefed Dismissal Challenges Are Waived; Later, Separately Entered Filing Restrictions Require Their Own Appeal Case: Wakat v. Okie Smoke.com Dispensary, decided together with three related appeals...

Appellate Briefing Waiver and the Need to Separately Appeal Later Filing Restrictions

Date: Oct 18, 2026

Appellate Briefing Waiver and the Need to Separately Appeal Later Filing Restrictions Case: Wakat v. Plainview Salvage, decided together with three related appeals Court: United States Court of...

Unbriefed Dismissal Challenges Are Waived; Separate Filing Restrictions Require a Proper Appeal

Date: Oct 18, 2026

Unbriefed Dismissal Challenges Are Waived; Separate Filing Restrictions Require a Proper Appeal Case: Wakat v. Robson and related appeals Court: United States Court of Appeals for the Tenth Circuit...