No. 22-6110
Luis David Huerta-Carranza v. United States
Response WaivedIFP
Tags: criminal-law criminal-prosecution due-process immigration-court immigration-proceedings jurisdiction notice-to-appear removal-order statutory-interpretation
Latest Conference:
2023-01-06
Question Presented (from Petition)
1. Whether a defective notice to appear that omits the statutorily required time-and-place information fails to confer jurisdiction on the immigration court and renders a removal order void.
2. Whether it violates due process and the separation-of-powers doctrine to establish an element of a criminal § 1326 offense with a removal order based on a notice to appear that omitted the statutorily required time-and-place information.
Question Presented (AI Summary)
Whether a defective notice to appear that omits the statutorily required time-and-place information fails to confer jurisdiction on the immigration court and renders a removal order void
Docket Entries
2023-01-09
Petition DENIED.
2022-12-01
DISTRIBUTED for Conference of 1/6/2023.
2022-11-23
Waiver of right of respondent United States of America to respond filed.
2022-11-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 19, 2022)
Attorneys
Luis Huerta-Carranza
Lynn Palmer Bailey — Federal Public Defender, Petitioner
United States of America
Elizabeth B. Prelogar — Solicitor General, Respondent