Question Presented (from Petition)
Carlos Javier Pedroza-Rocha, like many noncitizen defendants, was ordered removed by an immigration judge after being served a document titled "notice to appear" that did not tell Mr. Pedroza when to appear for removal proceedings. The statute requires that noncitizens facing removal proceedings be served a notice to appear with a hearing time. 8 U.S.C. § 1229(a)(1)(G)(i). The government is trying to prosecute Mr. Pedroza for illegal reentry based on that putative removal order.
The questions presented are:
1. Did the immigration court lack authority to remove Mr. Pedroza because he was not served a notice to appear that had a hearing time?
2. In an illegal reentry prosecution, can the defendant attack the jurisdictional basis for a removal order outside the 8 U.S.C. § 1326(d) requirements for a collateral attack? If not, is § 1326(d) unconstitutional?
3. Is the § 1326(d)(1) requirement to exhaust administrative remedies excused when the appeal waiver is not considered or intelligent? If not, is § 1326(d) unconstitutional?
Question Presented (AI Summary)
Did the immigration court lack authority to remove Mr. Pedroza because he was not served a notice to appear that had a hearing time?
2020-04-23
DISTRIBUTED for Conference of 5/15/2020.
2020-04-22
Reply of petitioner Carlos Javier Pedroza-Rocha filed. (Distributed)
2020-03-26
Motion to delay distribution of the petition for a writ certiorari until April 23, 2020, granted.
2020-03-24
Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from April 2, 2020 to April 23, 2020, submitted to The Clerk.
2020-03-13
Brief of respondent United States in opposition filed.
2020-02-12
Motion to extend the time to file a response is granted and the time is further extended to and including March 13, 2020.
2020-02-10
Motion to extend the time to file a response from February 12, 2020 to March 13, 2020, submitted to The Clerk.
2019-12-27
Motion to extend the time to file a response is granted and the time is further extended to and including February 12, 2020.
2019-12-23
Motion to extend the time to file a response from January 13, 2020 to February 12, 2020, submitted to The Clerk.
2019-12-05
Motion to extend the time to file a response is granted and the time is extended to and including January 13, 2020.
2019-12-04
Motion to extend the time to file a response from December 12, 2019 to January 13, 2020, submitted to The Clerk.
2019-11-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 12, 2019)