No. 20-6752

Juan Tinoco-Garcia v. United States

Lower Court: Ninth Circuit
Docketed: 2021-01-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: due-process immigration immigration-law judicial-advisement non-citizen non-citizen-rights padilla-v-kentucky post-conviction-relief removal-proceedings
Latest Conference: 2021-02-19
Question Presented (from Petition)

Does an immigration judge's failure to advise an immigrant in removal proceedings of their apparent eligibility to seek post-conviction relief under Padilla v. Kentucky, 559 U.S. 356, 360 (2010), and its progeny violate a non-citizen's right to due process?

Question Presented (AI Summary)

Does an immigration judge's failure to advise an immigrant in removal proceedings of their apparent eligibility to seek post-conviction relief under Padilla v. Kentucky, 559 U.S. 356, 360 (2010), and its progeny violate a non-citizen's right to due-process

Docket Entries

2021-02-22
Petition DENIED.
2021-01-14
DISTRIBUTED for Conference of 2/19/2021.
2021-01-11
Waiver of right of respondent United States of America to respond filed.
2020-12-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 3, 2021)

Attorneys

Juan Tinoco-Garcia
Nora Kelly HirozawaFederal Defenders of San Diego, Inc., Petitioner
United States of America
Elizabeth B. PrelogarActing Solicitor General, Respondent