No. 18-5550

Mario Lopez-Pacheco v. United States

Lower Court: Ninth Circuit
Docketed: 2018-08-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: administrative-law civil-procedure civil-rights due-process executive-power immigration immigration-review judicial-discretion mendoza-lopez-standard noncitizen-rights prejudice standing statutory-interpretation
Latest Conference: 2018-09-24
Question Presented (from Petition)

In United States v. Mendoza-Lopez, 481 U.S. 828 (1987), this Court held that a defendant may not be convicted of illegal reentry after a prior order of removal under 8 U.S.C. § 1326 if the defendant can show the prior removal order was invalid. Circuit law, however,

Question Presented (AI Summary)

Whether a noncitizen who is not afforded the opportunity to apply for available relief has suffered prejudice

Docket Entries

2018-10-01
Petition DENIED.
2018-08-23
DISTRIBUTED for Conference of 9/24/2018.
2018-08-15
Waiver of right of respondent United States to respond filed.
2018-08-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 10, 2018)

Attorneys

Mario Lopez-Pacheco
Harini P. RaghupathiFederal Defenders of San Diego, Inc., Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent