No. 18-5642

Miroslav Fejfar v. United States

Lower Court: Ninth Circuit
Docketed: 2018-08-17
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: animal-sci-prod-v-hebei-welcome-pharm asylum civil-rights criminal-procedure due-process extradition foreign-criminal-procedure foreign-law immigration statutory-interpretation withholding-of-removal
Key Terms:
DueProcess HabeasCorpus Immigration
Latest Conference: 2018-09-24
Question Presented (from Petition)

Whether the plain language of the relevant statutes and the Due Process

Clause prohibit extradition of an alien who has claimed in immigration court

a reasonable fear of persecution but has not yet been provided with the

opportunity to be heard on his claim for withholding of removal; and

Based on the reasoning in Animal Sci. Prod., Inc. v. Hebei Welcome Pharm.

Co., 138 S. Ct. 1865 (2018), whether a federal extradition court's inquiry

Question Presented (AI Summary)

Whether due process and the plain meaning of the statute on withholding of removal require that pending asylum issues be heard and resolved before extradition can be executed

Docket Entries

2018-10-01
Petition DENIED.
2018-09-07
Application (18A184) denied by The Chief Justice.
2018-09-06
Supplement to application filed.
2018-08-30
DISTRIBUTED for Conference of 9/24/2018.
2018-08-27
Waiver of right of respondent United States to respond filed.
2018-08-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 17, 2018)
2018-08-13
Application (18A184) for a stay pending the disposition of the petition for a writ of certiorari, submitted to The Chief Justice.

Attorneys

Miroslav Fejfar
Stephen Reese SadyOregon Federal Public Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent