Tenth Circuit· 9/15/2022

Pacheco v. El Habti

Citations

48 F.4th 1179

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

rejecting petitioner’s arguments that (1) actual innocence excuses her jurisdictional claim from AEDPA’s statute of limitations, and (2) McGirt announced a new rule of constitutional law
finding no prejudice to support a claim of ineffective assistance because “although the interpreter was unqualified, [the petitioner] was not prejudiced because no specific mistranslations by the interpreter were identified”
discussing the actual-innocence exception and concluding it did not apply to excuse the untimeliness of a petitioner’s McGirt claim because “[petitioner’s] actual-innocence claim is not based on evidence regarding what she did, but on where she did it”
“When Congress enacted the limitations period in AEDPA, it discerned no reason to provide a blanket exception for jurisdictional claims.”
“McGirt announced no new constitutional right.”

Source: CourtListener parenthetical corpus (CC0).

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Cited by

3 cases in this archive cite this case.

Cites

45 cases in this archive are cited by this case; the 20 most cited are listed.

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