No. 25-5972

Ramiro Gomez-Reyes v. United States

Lower Court: Ninth Circuit
Docketed: 2025-10-28
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: categorical-approach criminal-statute federal-definition realistic-probability sentencing statutory-interpretation
Key Terms:
Immigration
Latest Conference: 2025-12-05
Question Presented (from Petition)

To establish that a "realistic probability" exists that a state statute applies to conduct not covered by a federal "crime of violence" definition for purposes of the categorical approach under Gonzales v. Duenas-Alvarez, 549 U.S. 183 (2007), must a defendant point to actual state prosecutions under the state statute of nonqualifying conduct?

Question Presented (AI Summary)

Whether a defendant must point to actual state prosecutions under a state statute to establish a 'realistic probability' of nonqualifying conduct for the categorical approach

Docket Entries

2025-12-08
Petition DENIED.
2025-11-13
DISTRIBUTED for Conference of 12/5/2025.
2025-11-07
Waiver of United States of right to respond submitted.
2025-11-07
Waiver of right of respondent United States to respond filed.
2025-10-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 28, 2025)

Attorneys

Ramiro Gomez-Reyes
Kara Lee HartzlerFederal Defenders of San Diego, Inc., Petitioner
United States
D. John SauerSolicitor General, Respondent