No. 22-7330

Pedro Perez-Hernandez v. United States

Lower Court: Fifth Circuit
Docketed: 2023-04-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: citizenship citizenship-status civil-rights constitutional-violations criminal-procedure deportation due-process habeas-corpus immigration ineffective-counsel sentencing
Latest Conference: 2023-05-18
Question Presented (from Petition)

guilty of offense of "reentry" into United States, which was for Sixth Constitutional Amendment (Effective Assistance of Counsel). Where defense Trial-counsel fell short as described by The II Amendment.

Where failed to investigate how Petitioner was released as United States Citizen from McRae Correctional Facility.

Petitioner was released from McRae Corr. Fac. as U.S. Citizen by one T.C.E's Specialized agency (I.L.P.D) whom are attorneys experts in Citizenship to prevent persons like petitioner to be detained or removed. (I.L.P.D.) sent an e-mail to McRae Fac. stating, "Please remember that the below alien (Petitioner) will NOT be Taken into ICE custody as he was determined to have derived U.S. Citizenship status through his adopted-father."

deported without a final order by I.E. without allowed to received decision by B.I.A., as thus deprived for Judicial Review of proper Circuit Court of Appeals. Among Abuse of Discretion. Where Petitioner presented of sentencing a notice from B.I.A., that his motion and fee-waiver was granted should had sent to immigration Court.

Question Presented (AI Summary)

Whether petitioner's conviction for 'illegal reentry' was supported by sufficient evidence

Docket Entries

2023-05-22
Petition DENIED.
2023-05-03
DISTRIBUTED for Conference of 5/18/2023.
2023-05-01
Waiver of right of respondent United States to respond filed.
2023-04-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 22, 2023)

Attorneys

Pedro Perez-Hernandez
Pedro Perez-Hernandez — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent