No. 22-7243
Mario Roberto Bonilla-Diaz v. United States
IFP
Tags: due-process equal-protection fifth-amendment illegal-reentry immigration-law in-absentia removal-order sentencing-guideline sentencing-guidelines
Latest Conference:
2023-09-26
Question Presented (from Petition)
I. Whether Mr. Bonilla-Diaz's in absentia removal order, which issued when he was ten years old and forms the basis for his illegal reentry conviction, is subject to rescission or otherwise invalid.
II. Whether United States Sentencing Guideline (U.S.S.G) § 2L1.2(b)(8), which applies exclusively to noncitizens and increases the range of imprisonment, violates procedural due process and the equal protection guarantee of the Fifth Amendment.
Question Presented (AI Summary)
Whether Mr. Bonilla-Diaz's in absentia removal order, which issued when he was ten years old and forms the basis for his illegal reentry conviction, is subject to rescission or otherwise invalid
Docket Entries
2023-10-02
Petition DENIED.
2023-07-27
DISTRIBUTED for Conference of 9/26/2023.
2023-07-10
Memorandum of respondent United States in opposition filed.
2023-06-05
Motion to extend the time to file a response is granted and the time is further extended to and including July 10, 2023.
2023-06-02
Motion to extend the time to file a response from June 9, 2023 to July 10, 2023, submitted to The Clerk.
2023-05-03
Motion to extend the time to file a response is granted and the time is extended to and including June 9, 2023.
2023-05-02
Motion to extend the time to file a response from May 10, 2023 to June 9, 2023, submitted to The Clerk.
2023-04-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 10, 2023)
Attorneys
Mario Bonilla-Diaz
Lynn Palmer Bailey — Federal Public Defender, Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent