No. 18-5191
Jose Paniagua-Paniagua v. United States
IFP
Tags: circuit-split collateral-review criminal-conviction criminal-convictions due-process fundamental-fairness immigration-law removal-order removal-proceedings retroactivity statutory-interpretation
Key Terms:
DueProcess Immigration JusticiabilityDoctri
DueProcess Immigration JusticiabilityDoctri
Latest Conference:
2018-10-12
Question Presented (from Petition)
Whether a court reviewing the fundamental fairness of a prior removal order under 8 U.S.C. § 1326(D) can consider the current understanding of the nature of a prior criminal conviction, or is it instead bound to apply the law as it was incorrectly applied at the time of the removal proceeding?
Question Presented (AI Summary)
Whether a court reviewing the fundamental fairness of a prior removal order under 8 U.S.C. § 1326(d) can consider the current understanding of the nature of a prior criminal conviction, or is instead bound to apply the law as it was incorrectly applied at the time of the removal proceeding
Docket Entries
2018-10-15
Petition DENIED.
2018-09-27
DISTRIBUTED for Conference of 10/12/2018.
2018-09-10
Brief of respondent United States in opposition filed.
2018-08-03
Motion to extend the time to file a response is granted and the time is extended to and including September 10, 2018.
2018-08-02
Motion to extend the time to file a response from August 9, 2018 to September 10, 2018, submitted to The Clerk.
2018-07-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 9, 2018)
Attorneys
Jose Paniagua-Paniagua
Ellis Murray Johnston III — Clarke Johnston Thorp & Rice PC, Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent