No. 19-7410
Victor Manuel Mora-Galindo v. United States
Tags: collateral-attack due-process illegal-reentry immigration-court-jurisdiction immigration-law immigration-removal jurisdiction jurisdictional-challenge notice-to-appear procedural-due-process removal-proceedings statutory-interpretation
Latest Conference:
2020-04-24
Question Presented (from Petition)
1. Did the immigration court lack authority to remove Mora 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?
Question Presented (AI Summary)
Whether the immigration court lacked authority to remove the petitioner because he was not served a notice to appear that had a hearing time
Docket Entries
2020-04-27
Petition DENIED.
2020-04-09
DISTRIBUTED for Conference of 4/24/2020.
2020-03-25
Brief of respondent United States in opposition filed.
2020-02-20
Motion to extend the time to file a response is granted and the time is extended to and including March 25, 2020.
2020-02-19
Motion to extend the time to file a response from February 24, 2020 to March 25, 2020, submitted to The Clerk.
2020-01-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 24, 2020)
Attorneys
United States
Noel J. Francisco — Solicitor General, Respondent
Victor Manuel Mora-Galindo