No. 19-645

Arizona v. Hector Sebastion Nunez-Diaz

Lower Court: Arizona
Docketed: 2019-11-19
Status: Denied
Type: Paid
Amici (1) Experienced Counsel
Tags: criminal-procedure deportation immigration immigration-law lee-v-united-states legal-prejudice padilla-claim padilla-v-kentucky prejudice strickland-standard strickland-v-washington unauthorized-alien
Latest Conference: 2020-03-27
Question Presented (from Petition)

1. Whether Respondent is categorically barred from establishing Strickland prejudice for a Padilla/Lee claim because, as an unauthorized alien, he is without any legal right to remain in the United States.

2. Whether the Arizona Supreme Court erred in finding Strickland prejudice, where inter alia there was no evidence that Respondent had a viable defense either to the criminal charges or deportation.

Question Presented (AI Summary)

Whether unauthorized aliens can establish Strickland prejudice for Padilla/Lee claims

Docket Entries

2020-03-30
Petition DENIED.
2020-03-11
DISTRIBUTED for Conference of 3/27/2020.
2020-03-10
Reply of petitioner State of Arizona filed. (Distributed)
2020-02-20
Brief of respondent Hector Nunez-Diaz in opposition filed.
2020-01-17
Motion to extend the time to file a response from January 21, 2020 to February 20, 2020, submitted to The Clerk.
2020-01-17
Motion to extend the time to file a response is granted and the time is further extended to and including February 20, 2020.
2019-12-19
Brief amicus curiae of Landmark Legal Foundation filed.
2019-11-29
Motion to extend the time to file a response is granted and the time is extended to and including January 21, 2020.
2019-11-26
Motion to extend the time to file a response from December 19, 2019 to January 20, 2020, submitted to The Clerk.
2019-11-14
Petition for a writ of certiorari filed. (Response due December 19, 2019)
2019-10-07
Application (19A385) granted by Justice Kagan extending the time to file until November 14, 2019.
2019-10-03
Application (19A385) to extend the time to file a petition for a writ of certiorari from October 14, 2019 to November 14, 2019, submitted to Justice Kagan.

Attorneys

Hector Nunez-Diaz
Michael B. KimberlyMcDermott Will & Emery, Respondent
Landmark Legal Foundation
Michael James O'NeillLandmark Legal Foundation, Amicus
State of Arizona
Drew Curtis EnsignOffice of the Attorney General, Petitioner