No. 20-7969
Refugio Agustin-Pineda v. United States
Response WaivedIFP
Tags: administrative-procedure due-process immigration-law immigration-proceedings jurisdiction jurisdictional-requirements notice-to-appear removal-proceedings statutory-interpretation
Latest Conference:
2021-06-03
Question Presented (from Petition)
1. Whether the government may commence removal proceedings by serving a noncitizen with a "notice to appear" that fails to specify the hearing's time and place.
2. Whether the failure to include the time and place of an immigration hearing in the initial notice to appear results in the immigration court lacking jurisdiction such that any orders therein are not useable in a subsequent criminal proceeding under 8 U.S.C. Sect. 1326.
Question Presented (AI Summary)
Whether the government may commence removal proceedings by serving a noncitizen with a 'notice to appear' that fails to specify the hearing's time and place
Docket Entries
2021-06-07
Petition DENIED.
2021-05-19
DISTRIBUTED for Conference of 6/3/2021.
2021-05-14
Waiver of right of respondent United States to respond filed.
2021-05-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 9, 2021)
Attorneys
Refugio Agustin-Pineda
Dan B. Johnson — Law Office of Dan B. Johnson PS, Petitioner
United States
Elizabeth B. Prelogar — Acting Solicitor General, Respondent