Articles Tagged with Tenth Circuit

Published on:

United States v. Enrique Rivera De La Cruz,
703 F.3d 1193, Case No. 11-5114 (10th Cir. 2013)

Oh what a beautiful morning,
Oh what a beautiful day,
I’ve got a wonderful feeling,
Everything’s going my way.NEW Oklahoma_0

Oh What a Beautiful Mornin’, from the musical Oklahoma, Music by Richard Rodgers, Lyrics by Oscar Hammerstein, II, © 1943 by Williamson Music.


One morning in February of 2011, three Immigration and Customs Enforcement (ICE) agents were staking out Gill’s Truck Wash in Tulsa, Oklahoma looking for Juan Guel-Rivera who they suspected was in the United States illegally. Guel-Rivera was believed to work at the truck wash so the agents arrived before it opened.

A car with dark tinted windows drove up to the truck wash. One of the  three agents got a one to two second glimpse of the driver and believed it might be Guel-Rivera so they stopped the car. Enrique Rivera De La Cruz was the driver of the car, his brother Armando was in the front-passenger seat, and De La Cruz’ wife, mother-in-law and sister-in-law were in the back seat. As Armando, his sack lunch in hand, exited the vehicle, the agents ordered De La Cruz to turn off the vehicle, to place the keys to the car on its roof and to exit the car. De La Cruz did as he was told but Armando attempted to run away.

Continue reading →