No. 20-5268
Luis Fernando Ramirez v. United States
Tags: collateral-attack due-process illegal-reentry immigration-law immigration-removal jurisdiction jurisdictional-challenge notice-to-appear removal-proceedings statutory-interpretation
Key Terms:
DueProcess Immigration
DueProcess Immigration
Latest Conference:
2020-09-29
Question Presented (from Petition)
1. Did the immigration court lack authority to remove Ramirez 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 § 1826(d) unconstitutional?
Question Presented (AI Summary)
Did the immigration court lack authority to remove Ramirez because he was not served a notice to appear that had a hearing time?
Docket Entries
2020-10-05
Petition DENIED.
2020-08-20
DISTRIBUTED for Conference of 9/29/2020.
2020-08-12
Waiver of right of respondent United States of America to respond filed.
2020-08-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 8, 2020)
Attorneys
Luis Fernando Ramirez
United States of America
Jeffrey B. Wall — Acting Solicitor General, Respondent