| 25A952 |
Kristi Noem, Secretary, Department of Homeland Security, et al. v. Dahlia Doe, et al. |
Second Circuit |
2026-02-26 |
Application |
|
administrative-procedure-act executive-prerogative immigration-law judicial-review-preclusion secretary-of-homeland-security temporary-protected-status |
Question not identified. |
| 25-6900 |
Eliel Nunez Sanchez v. United States |
Ninth Circuit |
2026-02-25 |
Pending |
IFP |
administrative-remedies appeal-waiver due-process illegal-reentry immigration-law removal-order |
When a person waives the right to appeal an immigration judge's removal order, but that waiver is invalid, has the person exhausted available administ… |
| 25-966 |
Department of Labor, et al. v. Sun Valley Orchards, LLC |
Third Circuit |
2026-02-17 |
Pending |
|
administrative-law article-iii h-2a-visa-program immigration-law public-rights-doctrine separation-of-powers |
Whether Article III of the Constitution precludes Congress from assigning to the Secretary of Labor the initial adjudication of proceedings to collect… |
| 25-6714 |
Ivan Granillo v. United States |
Ninth Circuit |
2026-02-04 |
Pending |
IFP |
criminal-law federal-crime immigration-law mens-rea statutory-interpretation transportation |
What mens rea is required for the element that the defendant transport or move the noncitizen "in furtherance " of a violation of law ? |
| 25-899 |
Donald J. Trump, President of the United States, et al. v. O. Doe, et al. |
First Circuit |
2026-01-30 |
Pending |
|
citizenship-clause constitutional-interpretation executive-order fourteenth-amendment immigration-law statutory-construction |
Whether President Trump's Executive Order No. 14,160, 90 Fed. Reg. 8449 (Jan. 29, 2025), which identifies circumstances in which a person born in the … |
| 25A675 |
United States v. Leopoldo Rivera-Valdes |
Ninth Circuit |
2025-12-09 |
Application |
|
deportation due-process immigration-law notice-requirements removal-order statutory-notice |
Question not identified. |
| 25-656 |
In Re Rayon Payne |
|
2025-12-05 |
Denied |
Response Waived |
due-process immigration-law judicial-review jurisdictional-conflict procedural-default supervisory-authority |
1. Whether this Court should exercise its
supervisory authority under 28 U.S.C.
§165 1(a) to resolve a structural conflict
created when two federal… |
| 25A640 |
Tetiana Semeniuk v. Abdelrahman Abouelmagd |
Second Circuit |
2025-12-02 |
Denied |
|
asylum-confidentiality child-protection domestic-violence family-separation immigration-law passport-restrictions |
Question not identified. |
| 25A564 |
Baoming Chen v. Kristi Noem, Secretary of Homeland Security, et al. |
Second Circuit |
2025-11-14 |
Application |
|
agency-action circuit-split immigration-law judicial-review mootness voluntary-cessation |
Whether a "voluntary cessation of offensive conduct will only moot litigation if it is clear that the defendant has not changed course simply to depri… |
| 25-6088 |
Andis Noe Cortez-Zepeda v. United States |
Fifth Circuit |
2025-11-12 |
Pending |
IFP |
administrative-procedure aggravated-felony due-process expedited-removal immigration-law statutory-interpretation |
A noncitizen, unlawfully present in the United States, may be deported through an expedited removal if an immigration officer finds that the noncitize… |
| 25-5962 |
Ismael Adan Ortiz-Rodriguez v. United States |
Fifth Circuit |
2025-10-27 |
Pending |
IFP |
administrative-procedure aggravated-felony due-process expedited-removal immigration-law statutory-interpretation |
A noncitizen, unlawfully present in the United States, may be deported through an expedited removal if an immigration officer finds that the noncitize… |
| 25-429 |
Pamela Bondi, Attorney General v. Muk Choi Lau |
Second Circuit |
2025-10-08 |
Granted |
Amici (1) |
immigration-law inadmissibility-grounds lawful-permanent-resident parole removal-proceedings statutory-interpretation |
Whether, to remove an LPR who committed an offense listed in Section 1182(a)(2) and was subsequently paroled into the United States, the government mu… |
| 25-365 |
Donald J. Trump, President of the United States, et al. v. Barbara, et al. |
First Circuit |
2025-09-29 |
Granted |
Amici (64)Relisted (2) |
birthright-citizenship citizenship-clause constitutional-interpretation executive-order fourteenth-amendment immigration-law |
The Citizenship Clause of the Fourteenth Amendment provides that those "born * * * in the United States, and subject to the jurisdiction thereof," are… |
| 25-364 |
Donald J. Trump, President of the United States, et al. v. Washington, et al. |
Ninth Circuit |
2025-09-29 |
Pending |
Relisted (2) |
birthright-citizenship citizenship-clause constitutional-interpretation executive-order fourteenth-amendment immigration-law |
The Citizenship Clause of the Fourteenth Amendment provides that those "born * * * in the United States, and subject to the jurisdiction thereof," are… |
| 25-363 |
Victor Manuel Castro-Aleman, aka Alfredo Quinones Olmo v. United States |
Fourth Circuit |
2025-09-26 |
Denied |
Amici (2) |
discretionary-relief due-process fundamental-unfairness immigration-law judicial-procedure removal-proceedings |
Whether an immigration judge's failure to inform an alien of the right to seek discretionary relief from removal violates due process and thus can con… |
| 25-5716 |
Jesus Meraz-Ramirez v. United States |
Fifth Circuit |
2025-09-24 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure felony-conviction immigration-law jury-trial sentencing-enhancement |
Whether the existence of a pre-removal felony conviction under 8 U.S.C. § 1326(b) is an element of an enhanced offense that must be proven to a jury b… |
| 25-5365 |
Omar Alonso Pazos-Montes v. United States |
Fifth Circuit |
2025-08-14 |
Denied |
Response WaivedIFP |
criminal-procedure due-process felony-conviction immigration-law jury-trial sentencing-enhancement |
Whether the existence of a pre-removal felony conviction under 8 U.S.C. § 1326(b) is an element of an enhanced offense that must be proven to a jury b… |
| 25-5109 |
In Re Maria Dolores Navarro Martin |
|
2025-07-15 |
Denied |
IFP |
discretionary-power due-process federal-declaratory-judgment immigration-law jurisdiction statutory-interpretation |
1. The question presented is whether the District Court had jurisdiction of this
suit under the Federal Declaratory Judgment Act.
2. Whether The Att… |
| 25-5093 |
Hector Manuel Nunez-Cardenas v. United States |
Fifth Circuit |
2025-07-14 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure felony-conviction immigration-law jury-trial sentencing-enhancement |
Whether the existence of a pre-removal felony conviction under 8 U.S.C. § 1326(b) is an element of an enhanced offense that must be proven to a jury b… |
| 25-5 |
Kristi Noem, Secretary of Homeland Security, et al. v. Al Otro Lado, a California Corporation, et al. |
Ninth Circuit |
2025-07-01 |
Granted |
Amici (16)Response RequestedResponse WaivedRelisted (3) |
asylum-application border-entry immigration-law immigration-officer statutory-interpretation u.s.-mexico-border |
The Immigration and Nationality Act, 8 U.S.C. 1101 et seq., provides that an alien who "arrives in the United States" may apply for asylum and must be… |
| 24-1288 |
Monika Kapoor v. Vincent F. DeMarco, United States Marshal for the Eastern District of New York, et al. |
Second Circuit |
2025-06-17 |
Denied |
|
convention-against-torture extradition habeas-corpus immigration-law judicial-review suspension-clause |
1. Whether Congress has stripped the federal courts of habeas jurisdiction over CAT claims by individuals facing extradition.
2. Whether application … |
| 24-7432 |
Eleazar Diaz-Balleza v. United States |
Fifth Circuit |
2025-06-16 |
Denied |
Response WaivedIFP |
criminal-procedure due-process felony-conviction immigration-law jury-trial sentencing-enhancement |
Whether the existence of a pre-removal felony conviction under 8 U.S.C. § 1326(b) is an element of an enhanced offense that must be proven to a jury b… |
| 24-7148 |
Julia Greenberg v. United States |
Second Circuit |
2025-05-07 |
Denied |
Response WaivedIFP |
criminal-statute document-fraud false-statement federal-criminal-law immigration-law statutory-interpretation |
Whether the first paragraph of 18 U.S.C.A. §1546(a) reaches "authentic" immigration documents that are generated following a false statement (as oppos… |
| 24-1060 |
Leticia T. Moreno, et al. v. Court of Appeal of California, Second Appellate District, Division Seven, et al. |
California |
2025-04-08 |
Denied |
|
alien-registration confidentiality federal-preemption immigration-law regulatory-authority standing |
Federal law fully occupies the field of alien registration. Arizona v. United States, 567 U.S. 387, . 401 (2012). Congress, the Attorney General, and … |
| 24-6922 |
Lorenzo Vazquez-Alba v. United States |
Fifth Circuit |
2025-04-03 |
Denied |
Response WaivedIFP |
federal-criminal-law illegal-entry immigration-law judicial-procedure sentencing statutory-interpretation |
Did the district court properly enter judgment under both 8 U.S.C. § 1326(a) and (b)(2)? |
| 24-6595 |
Martin Guadalupe Cardiel-Ruiz v. United States |
Ninth Circuit |
2025-02-19 |
Denied |
Response WaivedIFP |
administrative-appeal collateral-attack due-process immigration-law judicial-review removal-proceedings |
Under Mendoza-Lopez, does a defendant satisfy § 1326(d)(1) (requiring only the exhaustion of "available" administrative remedies) and § 1326(d)(2) (re… |
| 24-834 |
Evgeny Pistrak v. Kseniia Golubeva |
Washington |
2025-02-05 |
Denied |
Response Waived |
federal-preemption immigration-law maintenance-obligations spousal-support state-court supremacy-clause |
1. Whether the Supremacy Clause and federal immigration law preempt a state court from imposing maintenance obligations solely because a spouse lacks … |
| 24-817 |
Edward Lasseville v. Superior Court of California, Los Angeles County, et al. |
California |
2025-01-31 |
Denied |
Response Waived |
alien-registration federal-preemption homeland-security immigration-law national-security state-regulation |
Whether federal preemption bars California's Immigration Consultants Act from regulating practitioners and others assisting in alien registration. |
| 24-777 |
Douglas Humberto Urias-Orellana, et al. v. Pamela Bondi, Attorney General |
First Circuit |
2025-01-23 |
Granted |
Amici (9)Relisted (2) |
administrative-law asylum-eligibility board-of-immigration-appeals immigration-law judicial-review refugee-status |
Whether a federal court of appeals must defer to the BIA's judgment that a given set of undisputed facts does not demonstrate mistreatment severe enou… |
| 24-6345 |
Mark Jones v. United States |
Ninth Circuit |
2025-01-21 |
Denied |
Response WaivedIFP |
civil-violation criminal-statute guilty-plea immigration-law ninth-circuit statutory-interpretation |
1. Whether "in violation of law" in 8 U.S.C. § 1324(a)(1)(A)(ii) is limited to criminal immigration violations (and does not include civil immigration… |
| 24-6316 |
Antonio Ulises Barrera-Mackorty v. United States |
Ninth Circuit |
2025-01-15 |
Denied |
IFP |
constitutional-law due-process immigration-law naturalization statutory-interpretation vagueness-doctrine |
Is Question No. 15 on the naturalization application (N-400), when considered in conjunction with 18 U.S.C. § 1425, void for vagueness and thus a viol… |
| 24A674 |
Executive Office for Immigration Review, et al. v. Al Otro Lado, Inc., et al. |
Ninth Circuit |
2025-01-10 |
Presumed Complete |
|
administrative-procedure-act asylum-seekers border-policy class-action-relief immigration-and-nationality-act immigration-law |
Question not identified. |
| 24-6245 |
Brad A. Smith v. United States |
First Circuit |
2025-01-08 |
Denied |
Response WaivedIFP |
fifth-amendment fourth-amendment immigration-law interrogation-rights knock-and-talk sixth-amendment |
Did authorities violate The Fourth, Fifth, andSixth Amendments to The United States Constitution when seeking to perform a "knock- and-talk" interroga… |
| 24-599 |
United States, ex rel. Gregor Lesnik, et al. v. ISM VUZEM, d.o.o., et al. |
Ninth Circuit |
2024-12-03 |
Denied |
|
administrative-procedure false-claims-act government-obligation immigration-law statutory-interpretation visa-fraud |
Whether knowingly applying impermissibly for the less expensive B1 visas, rather than alternative petition-based visas, was knowingly and improperly "… |
| 24-547 |
Maria E. Smith v. Merrick B. Garland, Attorney General, et al. |
Seventh Circuit |
2024-11-15 |
Denied |
Response Waived |
administrative-procedure agency-discretion citizenship-petition due-process immigration-law record-inspection |
Did the agency violate Mrs. Smith's due process rights by requiring that she rebut what it asserted was derogatory information but summarizing that in… |
| 24A444 |
Antonio Ulises Barrera-Mackorty v. United States |
Ninth Circuit |
2024-11-04 |
Presumed Complete |
|
constitutional-vagueness criminal-procedure federal-statute immigration-law naturalization supreme-court-jurisdiction |
Question not identified. |
| 24A403 |
Oscar Silva Perez, et al. v. United States District Court for the Eastern District of Texas |
Fifth Circuit |
2024-10-24 |
Denied |
|
administrative-stay asylum enforcement homeland-security immigration migrants |
Question not identified. |
| 24-5790 |
Inmer Isai Mayorga-Jacinto v. United States |
Ninth Circuit |
2024-10-21 |
Denied |
Response WaivedIFP |
constitutional-law equal-protection immigration-law legislative-intent racial-discrimination statutory-interpretation |
Whether a legislature can cleanse the taint of a racially discriminatory law by silent reenactment or amendment when the law was originally adopted fo… |
| 24-5766 |
Gilberto Nicolas Campos v. United States |
Ninth Circuit |
2024-10-16 |
Denied |
Response WaivedIFP |
constitutional-law equal-protection immigration-law legislative-intent racial-discrimination statutory-interpretation |
The government prosecuted Gilberto Campos under a statute with undisputed racist origins. Congress criminalized illegal reentry into the United States… |
| 24-401 |
Ashok Kumar Cheejati, et al. v. Antony J. Blinken, Secretary of State, et al. |
Fifth Circuit |
2024-10-10 |
Denied |
|
administrative-procedure agency-action immigration-law judicial-review statutory-interpretation withholding-claims |
1. Whether there is clear and convincing evidence that Congress intended 8 U.S.C. § 1252(a)(2)(B)(ii) to preclude judicial review of unlawful withhold… |
| 24A337 |
Ayton Sanchez Romero v. Merrick Garland, Attorney General |
Ninth Circuit |
2024-10-08 |
Denied |
|
discretionary-action due-process immigration judicial-review nationality-act removal |
Question not identified. |
| 24-5681 |
Jacob Poole v. USCIS Pittsburgh Field Office |
Third Circuit |
2024-10-01 |
Denied |
Response WaivedIFP |
child-trafficking citizenship-revocation human-rights immigration-law medical-torture paramilitary-groups |
1. There are no military guards beating the Petitioner, restraining him, no persons hitting him bloody, keeping him behind locked doors visibly, shout… |
| 24-5614 |
Hussein Kadhim Abood Khalaf v. United States |
Eighth Circuit |
2024-09-23 |
Denied |
Response WaivedIFP |
deportation-consequences immigration-law ineffective-assistance moral-turpitude padilla-standard plea-bargain |
1. When deportation consequences posed by a criminal charge are not clear, do attorneys render ineffective assistance by telling an indigent client th… |
| 24-303 |
Julian Javier Pimienta Dominguez v. Maria del Carmen Rendon Quijada |
Arizona |
2024-09-17 |
Denied |
Response Waived |
domicile-requirements federal-preemption immigration-law nonimmigrant-visa territorial-jurisdiction visa-status |
Whether federal law precludes the holder of a TD nonimmigrant visa from establishing domicile in Arizona. |
| 24-5520 |
Cyril Nnadozie Okoli v. Shanita R. Tucker, et al. |
First Circuit |
2024-09-11 |
Denied |
Response WaivedIFP |
administrative-review agency-action due-process equal-protection immigration-law statutory-interpretation |
1)Whether the USCIS misinterpretation of 8 U.S.C. § 1154(c) is the permissible interpretation of the statute.
2)Whether 8 U.S.C. § 1154(c) required t… |
| 24-5455 |
Nelson Alexis Colato-Gallardo v. United States |
Ninth Circuit |
2024-09-04 |
Denied |
Response WaivedIFP |
constitutional-law equal-protection immigration-law legislative-intent racial-discrimination statutory-interpretation |
Whether a legislature can cleanse the taint of a racially discriminatory law by silent reenactment or amendment when the law was originally adopted fo… |
| 24-5417 |
Joshual Lamar Davis v. Ian Maxfield, et al. |
Fourth Circuit |
2024-08-29 |
Denied |
IFP |
administrative-law constitutional-law due-process federal-jurisdiction immigration-law statutory-interpretation |
Question not identified. |
| 24-184 |
Xuejie He v. United States, et al. |
Second Circuit |
2024-08-20 |
Denied |
Response WaivedRelisted (2) |
civil-rights due-process en-banc-review equal-protection fourteenth-amendment immigration-law |
The Proceeding involves a question of exceptional importance. The denial of Petition for a hearing or rehearing En banc for Proceedings directly on re… |
| 24-5281 |
Alexander A. Fels v. Joseph R. Biden, Jr., President of the United States, et al. |
Seventh Circuit |
2024-08-08 |
Denied |
Response WaivedIFP |
constitutional-rights deportation due-process equal-protection immigration-law legal-status |
1) IS THE CURE STA ON 14 ARITODALS EQNERAL AGENC! ULU.d ) AN VREOEN DEVELOP MEST ANSWERING THE vst of MEOCHHE MALITVASA BY ALC THE RESIDES OF THE Ho v… |
| 24-5130 |
Devon Nunes v. Merrick B. Garland, Attorney General |
Third Circuit |
2024-07-23 |
Denied |
Response WaivedIFP |
administrative-law equitable-tolling immigration-law ineffective-assistance-of-counsel judicial-review numerical-limits statutory-motion statutory-motions-to-reopen |
The deadline to file a statutory motion to reopen under 8 U.S.C. § 1229a(c)(7) is subject to equitable tolling; all the courts of appeals are in agree… |
| 24-5129 |
Sergio Estrada-Maduena v. United States |
Ninth Circuit |
2024-07-23 |
Denied |
Response WaivedIFP |
civil-rights constitutional-review due-process equal-protection immigration-law legislative-intent racial-discrimination statutory-interpretation village-of-arlington-heights |
Whether a legislature can cleanse the taint of a racially discriminatory law by silent reenactment or amendment when the law was originally adopted fo… |
| 23-7732 |
Jose Edgar Hernandez v. Texas |
Texas |
2024-06-17 |
Denied |
Relisted (2)IFP |
administrative-law civil-rights constitutional-law constitutional-rights due-process free-speech immigration-law judicial-review migrants-rights standing takings |
The OCR text provided is too degraded and illegible to accurately extract the "Question(s) Presented" section. While a "QUESTION(S) PRESENTED" header … |
| 23A1091 |
Jackson Peter Chiwanga v. Merrick B. Garland, Attorney General |
Fifth Circuit |
2024-06-06 |
Denied |
|
aggravated-felony domestic-assault federal-interpretation fifth-circuit immigration-law state-criminal-law |
Whether federal authorities can ignore a State classification of its own law when determining whether a conviction constitutes an aggravated felony un… |
| 23-1270 |
Pierre Yassue Nashun Riley v. Pamela Bondi, Attorney General |
Fourth Circuit |
2024-06-04 |
Judgment Issued |
Amici (13)Relisted (2) |
board-of-immigration-appeals convention-against-torture immigration-law jurisdictional-deadline petition-for-review removal-proceedings |
Petitioner Pierre Riley, ineligible for cancellation of removal or discretionary relief from removal, sought deferral in withholding-only proceedings,… |
| 23-7634 |
Claudio Salas-Bautista v. United States |
Ninth Circuit |
2024-06-04 |
Denied |
Response WaivedIFP |
civil-rights discrimination-analysis due-process equal-protection immigration judicial-review legislative-intent racial-discrimination racist-statute statutory-interpretation |
Whether a legislature can cleanse the taint of a racially discriminatory law by silent reenactment or amendment when the law was originally adopted fo… |
| 23-7560 |
David Darnell Whitehead v. United States |
Fourth Circuit |
2024-05-24 |
Denied |
Response WaivedIFP |
alien-smuggling border-crossing criminal-intent criminal-procedure designated-port-of-entry illegal-immigration immigration-law mens-rea port-of-entry statutory-interpretation sufficiency-of-evidence |
I. IN AN ILLEGAL ALIEN SMUGGLING CASE, WHAT CONSTITUTES
BRINGING TO OR ENTERING THE UNITED STATES "AT A PLACE
OTHER THAN A DESIGNATED PORT OF ENTRY", … |
| 23-7456 |
Eric Romero-Lobato v. United States |
Ninth Circuit |
2024-05-10 |
Denied |
Response WaivedIFP |
8-usc-1252b compelling-circumstances deportation deportation-order immigration-law in-absentia in-absentia-proceeding minority-status noncitizen-status presumption-of-regularity statutory-interpretation |
L. Whether the minority status of a noncitizen at the time an in absentia deportation order is issued falls among the compelling circumstances suffici… |
| 23-7347 |
J. Guadalupe Figueroa-Juarez v. United States |
Ninth Circuit |
2024-04-30 |
Denied |
Response WaivedIFP |
civil-rights due-process equal-protection immigration immigration-law legislative-intent mass-incarceration racial-discrimination statutory-interpretation |
Whether a legislature can cleanse the taint of a racially discriminatory law by silent reenactment or amendment when the law was originally adopted fo… |
| 23-7299 |
In Re Devon Armond Gayles |
|
2024-04-24 |
Denied |
IFP |
administrative-procedure civil-rights constitution constitutional-rights deportation due-process immigration-law nationality-and-status non-citizen-status original-jurisdiction supreme-court-review treaties |
Question not identified. |
| 23-7222 |
Evaristo Contreras Silva v. United States |
Fifth Circuit |
2024-04-15 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-firearm-possession criminal-law firearms immigration immigration-status intent-element mens-rea rehaif-standard rehaif-v-united-states statutory-interpretation |
Whether, in prosecutions under 18 U.S.C. § 922(g)(5), the Government must–in order to separate wrongful acts from innocent acts–offer direct evidence … |
| 23-7217 |
Julio Ruiz Chuta v. United States |
Eleventh Circuit |
2024-04-12 |
Denied |
Response WaivedIFP |
criminal-law criminal-penalties de-minimis de-minimis-exception family-friend financial-gain human-smuggling immigration immigration-law sentencing statutory-interpretation |
Whether a prosecution under the enhanced penalties of 8 U.S.C. § 1324(a)(2)(B)(ii) can be sustained where the "private financial gain" involved is a d… |
| 23-7208 |
Abiy Yifru v. United States |
Federal Circuit |
2024-04-11 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights consular-discretion counsel due-process employment-contract immigration immigration-law property-interest takings takings-clause |
A consular officer issued a visa to an alien, without executing the application under oath as required by statute. Nevertheless, the officer exacted h… |
| 23-1027 |
In Re Palani Karupaiyan |
|
2024-03-19 |
Denied |
|
administrative-law civil-procedure civil-rights corporate-governance corporate-misconduct due-process employment-discrimination immigration-law outsourcing-practices standing treasury-recovery visa-fraud |
Petitioners' prayed over 8 reliefs were as Writ of Mandamus, Prohibition or alternative so the questions were part of three test condition requirement… |
| 23-7026 |
Pedro Valencia-Ayala v. United States |
Ninth Circuit |
2024-03-19 |
Denied |
Response WaivedIFP |
civil-rights constitutional-review discriminatory-purpose equal-protection immigration-law legislative-intent mass-incarceration racial-discrimination statutory-interpretation |
Whether a legislature can cleanse the taint of a racially discriminatory law by silent reenactment or amendment when the law was originally adopted fo… |
| 23A815 |
Las Americas Immigrant Advocacy Center, et al. v. Steven McCraw, Director, Texas Department of Public Safety, et al. |
Fifth Circuit |
2024-03-04 |
Denied |
|
detention due-process expedited-removal fourteenth-amendment immigration judicial-review |
Question not identified. |
| 23-6851 |
Praxedis Saul Portillo-Gonzalez v. United States |
Ninth Circuit |
2024-02-28 |
Denied |
Response WaivedIFP |
administrative-remedies collateral-attack due-process exhaustion-of-remedies immigration immigration-law judicial-review removal-order |
In United States v. Mendoza-Lopez, 481 U.S. 828 (1987), this Court held that noncitizens have a due process right to collaterally attack their removal… |
| 23-929 |
Hugo Abisai Monsalvo Velazquez v. Pamela Bondi, Attorney General |
Tenth Circuit |
2024-02-27 |
Judgment Issued |
Amici (3)Relisted (2) |
administrative-procedure deadline-calculation immigration-law post-decision-motion removal-proceedings voluntary-departure |
When a noncitizen's voluntary-departure period ends on a weekend or public holiday, is a motion to reopen filed the next business day sufficient to av… |
| 23-928 |
Yun Zheng, aka Wendy Zheng, and Yan Qiu Wu, aka Jason Wu v. United States |
Sixth Circuit |
2024-02-27 |
Denied |
|
circuit-split harboring-aliens harmless-error immigration-law jury-instruction jury-instructions mens-rea neder-v-united-states |
(i) Whether a jury instruction under 8 U.S.C. § 1324(a)(1)(A)(ii), which prohibits the "harbor[ing]" of anyone who is in the United States illegally, … |
| 23-6596 |
Kenneth Roshaun Reid v. United States District Court for the District of South Carolina |
Fourth Circuit |
2024-01-26 |
Denied |
Response WaivedIFP |
board-of-immigration-appeals child-status-protection-act criminal-procedure discretion discretionary-review fair-sentencing-act immigration-law plain-error priority-date retroactivity sentencing statutory-interpretation |
Question not identified. |
| 23-746 |
Dmitry Nikolenko v. Luiza Nikolenko |
Texas |
2024-01-10 |
Denied |
Relisted (2) |
civil-procedure due-process equal-protection fourteenth-amendment immigration international-comity personal-jurisdiction subject-matter-jurisdiction |
1) Whether the Texas court violated the Fourteenth Amendment Due Process Clause and interna-tional comity when it exercised subject matter jurisdictio… |
| 23-6366 |
Jose Martin Islas v. DHS/ICE Office of Chief Counsel-ATD |
Eleventh Circuit |
2023-12-27 |
Denied |
Response WaivedIFP |
civil-rights criminal-appeal due-process equal-protection immigration visa-petition |
1. A person who is physical present in the United States, whose criminal appeal is pending in a state court, has a visa petition pending, and is not a… |
| 23-6237 |
Gregory I. Ezeani v. William Anderson, Warden, et al. |
Third Circuit |
2023-12-12 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights detention due-process federal-prisoner healthcare-denial immigration immigration-detention medical-negligence medical-treatment retaliation |
Briefly, the plaintiff who is a native and citizen of Nigeria arrived in United states from Canada for engineering graduate studies. The plaintiff is … |
| 23-6221 |
Gustavo Carrillo-Lopez v. United States |
Ninth Circuit |
2023-12-11 |
Denied |
Response WaivedIFP |
constitutional-law criminal-law due-process equal-protection fifth-amendment immigration legislative-intent mass-incarceration race-discrimination racial-discrimination statutory-interpretation |
Whether a legislature can cleanse the taint of a racially discriminatory law by silent reenactment or amendment when the law was originally adopted fo… |
| 23-6219 |
Manuel Rodrigues-Barios v. United States |
Ninth Circuit |
2023-12-11 |
Denied |
Response WaivedIFP |
civil-rights constitutional-law due-process equal-protection federal-criminal-law immigration legislative-intent mass-incarceration racial-discrimination statutory-interpretation |
Whether a legislature can cleanse the taint of a racially discriminatory law by silent reenactment or amendment when the law was originally adopted fo… |
| 23-6206 |
Ken Ejimofor Ezeah v. United States |
Tenth Circuit |
2023-12-08 |
Denied |
Response WaivedIFP |
28-usc-2241 28-usc-2255 custody habeas-corpus immigration-law judicial-review noncitizen-rights removal-order savings-clause statutory-interpretation successive-petitions |
DOES THE DORMANT COMMERCE CLAUSE IN SECTION 12(C) ALLOW THE COURT JURISDICTION OVER A PERSON'S GOODS, PATENT, CUSTOM AUTHORITY, SINCE 22 U.S.C. SECTIO… |
| 23-583 |
Amina Bouarfa v. Alejandro Mayorkas, Secretary of Homeland Security, et al. |
Eleventh Circuit |
2023-11-30 |
Judgment Issued |
Amici (9)Relisted (3) |
administrative-law circuit-split immigration-law judicial-review nondiscretionary-criteria revocation visa-petition |
Whether a visa petitioner may obtain judicial review when an approved petition is revoked on the basis of nondiscretionary criteria. |
| 23-348 |
Kristen H. Colindres, et al. v. Department of State, et al. |
District of Columbia |
2023-10-03 |
Denied |
Relisted (3) |
civil-rights constitutional-law constitutional-limitations consular-nonreviewability due-process equal-protection free-speech immigration immigration-law judicial-review standing |
Whether the doctrine of consular nonreviewability insulates from judicial review a consular decision that lacks both a facially legitimate and bona fi… |
| 23-334 |
Department of State, et al. v. Sandra Muñoz, et al. |
Ninth Circuit |
2023-09-29 |
Judgment Issued |
Amici (16)Relisted (2) |
constitutional-rights consular-nonreviewability consular-officer due-process immigration-law immigration-nationality-act standing statutory-interpretation visa-application visa-denial |
Under the Immigration and Nationality Act (INA), 8 U.S.C. 1101 et seq., the decision to grant or deny a visa application rests with a consular officer… |
| 23-5502 |
Juan Antonio Hernandez-Lopez v. United States |
Fifth Circuit |
2023-09-01 |
Denied |
Relisted (2)IFP |
constitutional-law discriminatory-purpose disparate-impact due-process equal-protection immigration-law racial-discrimination statutory-interpretation |
When a law is originally adopted for an impermissible racially discriminatory purpose and continues to have a disparate impact, do subsequent amendmen… |
| 23-115 |
Fathi Elltaif Saad Elldakli, et al. v. Merrick B. Garland, Attorney General, et al. |
Fifth Circuit |
2023-08-04 |
Denied |
|
administrative-procedure-act agency-action citizenship-and-immigration-services final-agency-action immigration-law judicial-review removal-proceedings status-adjustment |
Whether a status-adjustment decision by the United States Citizenship and Immigration Services constitutes final agency action within the meaning of t… |
| 23-5275 |
Ambrosio Nolasco-Ariza v. United States |
Fifth Circuit |
2023-08-03 |
Denied |
Response RequestedResponse WaivedRelisted (3)IFP |
constitutional-law discriminatory-purpose disparate-impact due-process equal-protection fifth-amendment immigration-and-nationality-act immigration-law racial-discrimination statutory-interpretation undesirable-aliens-act |
1. When a law is originally adopted for an impermissible racially discriminatory purpose and continues to have a disparate impact, do subsequent amend… |
| 23-5207 |
Omar Alfonso Alas v. United States |
Fourth Circuit |
2023-07-26 |
Denied |
IFP |
18-usc-16a categorical-approach crime-of-violence crimes-of-violence immigration mens-rea physical-force sentencing-guidelines statutory-interpretation |
Whether a crime with a mens rea of extreme recklessness
has, "as an element, the use, attempted use, or threatened
use of physical force against the… |
| 23-5099 |
Dustin Jolly v. United States |
Sixth Circuit |
2023-07-13 |
Denied |
Response WaivedIFP |
categorical-approach circuit-split criminal-law criminal-sentencing deportation immigration immigration-law statutory-interpretation supreme-court-precedent |
The Sixth Circuit has declined to apply the Supreme Court's decisions in Lopez v. Gonzales, 549 U.S. 47 (2006), Carachuri-Rosendo v. Holder, 560 U.S. … |
| 23-22 |
Save Jobs USA v. Department of Homeland Security, et al. |
District of Columbia |
2023-07-06 |
Denied |
|
administrative-law agency-authority department-of-homeland-security employment-authorization executive-power immigration-law major-questions-doctrine nonimmigrant-visas statutory-interpretation |
1. Are the statutory terms defining nonimmigrant visas in 8 U.S.C. § 1101(a)(15) mere threshold entry requirements that cease to apply once an alien i… |
| 23-16 |
Axel Rietschin v. Dominika Rietschin |
Washington |
2023-07-05 |
Denied |
Response WaivedRelisted (3) |
civil-court civil-procedure due-process family-law federal-jurisdiction immigration-law immigration-status marriage-proceedings non-immigrant-aliens state-jurisdiction statutory-interpretation |
Can a State civil Court assert jurisdiction in private matters over non-immigrant aliens admitted temporarily under 8 U.S.C. § 1184? |
| 22-7795 |
Gregory Ifesinachi Ezeani v. Laura B. Zuchowski, Director, United States Citizenship and Immigration Services, Vermont Service Center |
Second Circuit |
2023-06-15 |
Denied |
IFP |
14th-amendment 4th-amendment 8th-amendment administrative-law administrative-procedure appeal-suppression civil-rights constitutional-rights due-process federal-officials immigration-law |
Briefly, the plaintiff who is a native and citizen of Nigeria arrived in United states from Canada for engineering graduate studies. The plaintiff sin… |
| 22-7677 |
Francis Okiemute Akpore v. United States |
Eleventh Circuit |
2023-05-31 |
Denied |
Response WaivedIFP |
civil-rights constitutional-protections due-process federal-tort-claims-act immigration immigration-law jurisdiction obstruction-of-justice removal removal-proceedings subject-matter-jurisdiction |
Does 8 U.S.C. 1252(g) strip the district court of subject matter jurisdiction to hear a noncitizen's FTCA claim of wrongful removal in violation of a … |
| 22-7616 |
Milton Mendoza v. United States |
Ninth Circuit |
2023-05-23 |
Denied |
Response WaivedIFP |
administrative-law immigration-law immigration-removal notice-to-appear removal-proceedings separation-of-powers statutory-interpretation time-and-place ultra-vires |
Whether a putative notice to appear that does not contain the time and place of removal proceedings, in violation of 8 U.S.C. § 1229(a)(1)(G), is ultr… |
| 22-7604 |
Harbans Singh v. United States |
Ninth Circuit |
2023-05-19 |
Denied |
IFP |
confrontation-clause criminal-procedure due-process hearsay immigration interpreter-testimony sixth-amendment |
Whether an interpreter's hearsay statements are subject to Confrontation Clause analysis, particularly when the statements themselves constitute the c… |
| 22-7541 |
Luis Nunez-Romero v. United States |
Ninth Circuit |
2023-05-12 |
Denied |
Response WaivedIFP |
8-usc-1229 administrative-law due-process immigration-law immigration-removal notice-to-appear removal-order removal-proceedings statutory-interpretation ultra-vires |
Whether a putative notice to appear that does not contain the time and place of removal proceedings, in violation of 8 U.S.C. § 1229(a)(1)(G), is ultr… |
| 22-1071 |
Washington Alliance of Technology Workers v. Department of Homeland Security, et al. |
District of Columbia |
2023-05-04 |
Denied |
Amici (7) |
8-usc-1101 administrative-law department-of-homeland-security due-process employment-authorization immigration immigration-law immigration-procedure nonimmigrant-visas statutory-interpretation |
1. Are the statutory terms defining nonimmigrant visas in 8 U.S.C. § 1101(a)(15) mere threshold entry requirements that cease to apply once an alien i… |
| 22-7434 |
In Re Thomas Kuna-Jacob |
|
2023-05-01 |
Denied |
IFP |
asylum civil-rights constitutional-law detention due-process immigration |
Question not identified. |
| 22-7330 |
Pedro Perez-Hernandez v. United States |
Fifth Circuit |
2023-04-20 |
Denied |
Response WaivedIFP |
citizenship citizenship-status civil-rights constitutional-violations criminal-procedure deportation due-process habeas-corpus immigration ineffective-counsel sentencing |
guilty of offense of "reentry" into United States, which was for Sixth Constitutional Amendment (Effective Assistance of Counsel). Where defense Trial… |
| 22-7269 |
Melchor Karl T. Limpin v. Robert B. C. McSeveney, Judge, United States Immigration Court, et al. |
Ninth Circuit |
2023-04-13 |
Denied |
Response WaivedIFP |
civil-rights due-process equal-protection fifth-amendment fourth-amendment immigration immigration-law probable-cause warrant-clause |
(1) Whether the statute 8 U.S.C. § 1226(a) ("On a warrant issued by the Attorney General, an alien may be arrested. ..") is constitutionally impermiss… |
| 22-7243 |
Mario Roberto Bonilla-Diaz v. United States |
Eleventh Circuit |
2023-04-10 |
Denied |
IFP |
due-process equal-protection fifth-amendment illegal-reentry immigration-law in-absentia removal-order sentencing-guideline sentencing-guidelines |
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… |
| 22-7109 |
In Re Freddie A. Land |
|
2023-03-24 |
Denied |
Relisted (2)IFP |
administrative-law asylum due-process equal-protection immigration statutory-interpretation |
Question not identified. |
| 22-7095 |
Efrain Avila-Flores v. United States |
Fourth Circuit |
2023-03-24 |
Denied |
IFP |
8-usc-1326d administrative-procedure circuit-split due-process fundamental-fairness fundamental-unfairness immigration-law removal-proceedings statutory-interpretation |
Whether a failure to advise an unrepresented alien in removal proceedings about relief for which he is apparently eligible, is a defect that can rende… |
| 22-884 |
Merrick B. Garland, Attorney General v. Varinder Singh |
Ninth Circuit |
2023-03-14 |
Judgment Issued |
Relisted (2) |
administrative-law due-process immigration-law in-absentia-order notice-requirement notice-requirements removal-proceeding removal-proceedings rescission statutory-interpretation |
Under 8 U.S.C. 1229a(b)(5), a noncitizen may be ordered removed in absentia when he "does not attend a [removal] proceeding" "after written notice req… |
| 22-6962 |
Antonio Rosas-Ramirez v. United States |
Ninth Circuit |
2023-03-07 |
Denied |
Response WaivedIFP |
administrative-procedure claim-processing-rule enforcement-action executive-branch immigration-law immigration-removal legislative-rule notice-to-appear statutory-requirement statutory-requirements |
In order to initiate immigration removal proceedings under 8 U.S.C. § 1229(a), the government must serve a single notice to appear (NTA) containing al… |
| 22-6479 |
Felix Agustin Dominguez-Bido, aka Sealed Defendant 1, aka Felix Dominguez v. United States |
Second Circuit |
2023-01-06 |
Denied |
Response WaivedIFP |
8-usc-1229 due-process illegal-reentry immigration-law niz-chavez-v-garland notice-to-appear pereira-v-sessions removal-proceedings statutory-interpretation |
Whether the Government may commence removal proceedings by serving a noncitizen with a "notice to appear" that does not specify the date, time, and pl… |
| 22-582 |
United States v. Jose Felipe Hernandez-Calvillo, et al. |
Tenth Circuit |
2022-12-22 |
GVR |
Relisted (2) |
constitutional-challenge constitutional-law criminal-law criminal-prohibition first-amendment free-speech immigration immigration-law overbreadth-doctrine statutory-interpretation |
Whether the federal criminal prohibition against conspiring to encourage or induce unlawful immigration, in violation of 8 U.S.C. 1324(a)(1)(A)(iv) an… |
| 22-6347 |
Manuel Alejandro Sanchez v. United States |
Ninth Circuit |
2022-12-20 |
Denied |
Response WaivedIFP |
8-usc-1229 bastide-hernandez-v-united-states due-process immigration-court-jurisdiction immigration-law nix-chaves-v-barr notice-to-appear pereira-v-sessions removal-proceedings statutory-interpretation subject-matter-jurisdiction |
1. Whether the United States' initiating removal proceedings against a noncitizen with a "Notice to Appear" that fails to include the date and time of… |
| 22-547 |
Randall E. Rollins v. Joseph R. Biden, Jr., President of the United States, et al. |
Fifth Circuit |
2022-12-14 |
Denied |
Response Waived |
civil-rights constitutional-interpretation constitutional-law executive-action federal-jurisdiction immigration immigration-policy judicial-review national-security separation-of-powers treason |
1. Did the court below err in not considering the
overriding emergency issue that the United States of
America is currently being invaded by illegal… |
| 22-6281 |
Juan Carlos Bastide-Hernandez v. United States |
Ninth Circuit |
2022-12-12 |
Denied |
Response WaivedIFP |
8-usc-1229 circuit-court-rulings circuit-split immigration-law notice-to-appear removal-proceedings statutory-interpretation subject-matter-jurisdiction |
Whether the United States' initiating removal proceedings against a noncitizen with a "Notice to Appear" that fails to include the date and time of th… |
| 22-6250 |
Matthew James Dury v. United States |
Fourth Circuit |
2022-12-07 |
Denied |
Response WaivedIFP |
alias citizenship-status civil-rights criminal-procedure deportation due-process immigration immigration-law legal-residency naturalization permanent-residency |
NO United States Judge has the Authority to Order a Foreign Born Defendant to Violate United States Laws.
No Non US Citizen Can serve Supervised Rele… |
| 22-6228 |
Giovanny Sanchez-Juarez v. United States |
Fifth Circuit |
2022-12-06 |
Denied |
Response WaivedIFP |
apprendi-v-new-jersey constitutional-law criminal-procedure immigration-law indictment sentencing sentencing-enhancement sixth-amendment statutory-interpretation statutory-maximum |
Whether Almendarez-Torres v. United States, 523 U.S. 224 (1998) was wrongly decided, allowing for the provisions of 8 U.S.C. § 1326(b)(1) and (2) deal… |
| 22-6095 |
Owen Garth Hinkson v. United States |
Fifth Circuit |
2022-11-18 |
Denied |
Response WaivedIFP |
aggravated-felony appellate-waiver constitutional-challenge criminal-procedure due-process immigration immigration-law ineffective-assistance sentencing sentencing-enhancement vacated-conviction |
Whether the district court can sentence Mr. Owen Garth Hinkson, to a statute of 8 U.S.C. § 1326(b)(2), 20 years imprisonment when his 1987 Massachuset… |
| 22-5929 |
Juan Salvador Cordova-Briseno v. United States |
Fifth Circuit |
2022-10-27 |
Denied |
Response WaivedIFP |
criminal-sentencing immigration minor standard-of-review statutory-interpretation unaccompanied-minor |
I. Did the district court abuse its discretion in applying the 4-level enhancement
for transporting an unaccompanied minor under U.S.S.G. § 2L1.1(b)(4… |
| 22-5920 |
Jesse Brewer v. United States |
Third Circuit |
2022-10-26 |
Denied |
Response WaivedIFP |
civil-liberties civil-rights constitutional-rights due-process immigration judicial-review legal-procedure plea-bargaining sentencing sixth-amendment statutory-interpretation |
Question not identified. |
| 22-331 |
Merrick B. Garland, Attorney General v. Fernando Cordero-Garcia, aka Fernando Cordero |
Ninth Circuit |
2022-10-07 |
Judgment Issued |
Relisted (2) |
circuit-split criminal-law due-process federal-jurisdiction immigration immigration-law obstruction-of-justice statutory-interpretation witness-dissuasion |
Whether dissuading a witness from reporting a crime, in violation of California law, is "an offense relating to obstruction of justice," 8 U.S.C. 1101… |
| 22-5729 |
Jose Madrid-Becerra v. United States |
Ninth Circuit |
2022-09-30 |
Denied |
Response WaivedIFP |
criminal-history criminal-procedure deportation early-release federal-criminal-defendants immigration immigration-law sentencing-guidelines state-statutes |
Several states have or had statutes authorizing the early release of state prisoners with deportation orders to the United States Immigration and Natu… |
| 22-5698 |
Robert L. Davis v. Julian Holt, et al. |
Eleventh Circuit |
2022-09-27 |
Denied |
Relisted (2)IFP |
42-usc-1983 appeal-process civil-procedure civil-rights due-process federal-courts forged-document hearing-rights immigration-law judicial-procedure non-citizen-rights standing |
QUESTION ONE
Does Federal Rules oF Civil Procedure Allow
A PriSoner TO File A Non H2 U.S.C.81983 CiVil
Suit In Federal Counts ?
QUESTION TWO
Can A Pe… |
| 22-234 |
Texas, et al. v. Cook County, Illinois, et al. |
Seventh Circuit |
2022-09-13 |
Denied |
|
administrative-law civil-procedure due-process executive-power federal-rule immigration intervention judicial-procedure litigation-strategy public-charge standing |
1. Whether petitioners were entitled to intervene in defense of the Rule when they sought to do so within days of the federal government's unprecedent… |
| 22-5553 |
Rafael Villagomez-Troche v. United States |
Ninth Circuit |
2022-09-12 |
Denied |
Response WaivedIFP |
8-usc-1229 administrative-law court-jurisdiction immigration-law jurisdiction notice-to-appear removal-proceedings statutory-interpretation statutory-jurisdiction |
Whether service of a "notice to appear" that complies with
8 U.S.C. § 1229(a)(1) is required to vest jurisdiction in an
immigration court over removal… |
| 22-179 |
United States v. Helaman Hansen |
Ninth Circuit |
2022-08-29 |
Judgment Issued |
Amici (15)Relisted (2) |
8-usc-1324 commercial-advantage constitutional-challenge criminal-prohibition first-amendment immigration immigration-law overbreadth overbreadth-doctrine private-financial-gain statutory-interpretation |
Whether the federal criminal prohibition against
encouraging or inducing unlawful immigration for commercial advantage or private financial gain, in v… |
| 22-5456 |
Min Jeong Kim v. United States Citizenship and Immigration Services |
Fourth Circuit |
2022-08-29 |
Denied |
Response WaivedRelisted (2)IFP |
administrative-law agency-discretion civil-procedure due-process federal-jurisdiction federalism immigration-law judicial-review jurisdiction standing statutory-interpretation |
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| 22-5163 |
Diann Ramcharan v. United States |
Tenth Circuit |
2022-07-22 |
Denied |
Response WaivedIFP |
abuse-of-discretion civil-rights constitutional-rights due-process equal-protection immigration immigration-fraud jury-selection race-discrimination racial-bias voir-dire |
Is it an abuse of discretion for a district court, when there is a proper request by the accused, to refuse to conduct reasonable voir dire inquiry in… |
| 22-5149 |
Rajesh Ramcharan v. United States |
Tenth Circuit |
2022-07-21 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process immigration immigration-fraud marriage-fraud racial-prejudice rosales-loper voir-dire |
Rajesh Ramcharan is Black. He was charged with immigration and marriage fraud related offenses. Both immigration and marriage are issues with long his… |
| 22-23 |
Jean Francois Pugin v. Merrick B. Garland, Attorney General |
Fourth Circuit |
2022-07-07 |
Judgment Issued |
Amici (2)Relisted (3) |
aggravated-felony board-of-immigration-appeals chevron-deference immigration-law immigration-nationality-act obstruction-of-justice statutory-interpretation |
Under the Immigration and Nationality Act (INA), a noncitizen who is convicted of an "aggravated felony" is subject to mandatory removal and faces enh… |
| 21-8229 |
Juan Jesus Barrieta-Barrera v. United States |
Fifth Circuit |
2022-06-24 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
circuit-split collateral-estoppel criminal-law criminal-sentencing due-process immigration immigration-law judicial-precedent prior-conviction sentencing statutory-interpretation |
Section 1326(b)(2) of Title 8 provides an elevated penalty for illegally re-entering the country following an "aggravated felony." Does a district cou… |
| 21-1536 |
Arvind Gupta v. Headstrong, Inc., et al. |
Second Circuit |
2022-06-07 |
Denied |
|
administrative-law civil-procedure contract-law employment-law h1b-visa immigration-law nonimmigrant-worker settlement-agreement wage-and-hour wage-hour-violations |
Whether employers can have a legally enforceable private settlement and release agreement with the nonimmigrant worker in violation of 'INA ' requirem… |
| 21-8010 |
Louis Gonzalez v. Elaine E. Bucklo, Magistrate Judge, United States District Court for the Northern District of Illinois, et al. |
Seventh Circuit |
2022-06-01 |
Denied |
IFP |
appellate-review civil-procedure civil-rights constitutional-rights due-process immigration in-forma-pauperis judicial-procedure notice plra standing |
Whether the Seventh Circuit, in not allowing Petitioner proceed in forma pauperis on appeal, adopted an opinion from the District Court that conflict … |
| 21-1446 |
Simin Nouritajer, et al. v. Ur M. Jaddou, Director, United States Citizenship and Immigration Services, et al. |
Second Circuit |
2022-05-17 |
Denied |
|
administrative-law agency-action immigrant-petition immigration immigration-law judicial-review standing statutory-interpretation |
Whether considering the strong presumption of
jurisdiction to review agency action repeatedly recognized
by this Court, 8 U.S.C. §1155 and 8 U.S.C. §1… |
| 21-1436 |
Leon Santos-Zacaria, aka Leon Santos-Sacarias v. Merrick B. Garland, Attorney General |
Fifth Circuit |
2022-05-12 |
Judgment Issued |
Amici (3) |
administrative-exhaustion administrative-law circuit-split exhaustion-of-remedies immigration-law judicial-review jurisdiction jurisdictional-requirement removal-proceedings statutory-interpretation |
Whether Section 1252(d)(1)'s exhaustion requirement is jurisdictional, or merely a mandatory claims-processing rule that may be waived or forfeited.
… |
| 21-7840 |
Hazhar A. Sayed v. Colorado |
Colorado |
2022-05-11 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process guilty-plea immigration ineffective-assistance ineffective-assistance-of-counsel people-v-chavez-torres plea-bargaining plea-counsel |
1) Mr, Sayed's Plea was not entered Knowingly, intelligently and
voluntarily because his plea counsel failed to adequately advise
him that he would be… |
| 21-7590 |
Stephen Izuchukwu Onwuzulike v. Merrick B. Garland, Attorney General |
Third Circuit |
2022-04-12 |
Denied |
Response WaivedIFP |
civil-rights deportation due-process immigration immigration-law judicial-discretion jurisdiction non-citizen-rights procedural-review standing takings |
Intexpretation ofimmigration juristiction
1. Inconsistency towards
Power o
1-130 application petition.
2 Due poe ation ouppsin poper appeppica
to cr… |
| 21-7549 |
Ernesto Palacios-Martinez v. United States |
Fifth Circuit |
2022-04-05 |
Denied |
Response WaivedIFP |
apprendi-v-new-jersey constitutional-law criminal-procedure immigration-law indictment sentencing sentencing-enhancement sixth-amendment statutory-interpretation statutory-maximum |
Whether Almendarez-Torres v. United States, 523 U.S. 224 (1998) was wrongly decided, allowing for the provisions of 8 U.S.C. § 1326(b)(1) and (2) deal… |
| 21-7553 |
Larry David Davis v. Dexter Payne, Director, Arkansas Division of Correction |
Eighth Circuit |
2022-04-05 |
Denied |
Response WaivedIFP |
4th-amendment 5th-amendment 6th-amendment administrative-procedure civil-rights discretionary-relief due-process immigration-law ineffective-assistance judicial-review motion-to-reopen speedy-trial |
1. IF I was Convicted on anly a Thumbprint that belong to 13 difFerent individuals, but 12 oF the people isunknown to the Fingerprint Analyst who test… |
| 21-7432 |
Magdaly Suleydy Perez-Velasquez and Jenifer Miladis Alvarado-Diaz v. United States |
Tenth Circuit |
2022-03-23 |
Denied |
IFP |
border-security criminal-law due-process immigration statutory-interpretation surveillance |
Whether entry under 8 U.S.C. § 1325(a) requires freedom from official restraint; and
Whether continuous surveillance by means of visual observation c… |
| 21-7398 |
Ricardo Rizo-Rizo v. United States |
Ninth Circuit |
2022-03-16 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-law immigration immigration-law mens-rea ninth-circuit presumption-of-mens-rea public-welfare-exception public-welfare-offense statutory-interpretation |
Whether 8 U.S.C. § 1325(a)(1) fits under the public-welfare/regulatory exception to the presumption of mens rea when the statute does not involve "dan… |
| 21-1219 |
Estela Mabel Argueta Romero v. Alejandro N. Mayorkas, Secretary of Homeland Security, et al. |
Eleventh Circuit |
2022-03-08 |
Denied |
|
administrative-law immigration immigration-law judicial-review jurisdiction notice-to-appear order-of-removal removal removal-proceedings statutory-interpretation |
Whether a noncitizen who leaves the United States after receiving notice to appear at a removal hearing, but before receiving an order of removal, is … |
| 21-7261 |
Ezeani Gregory Ifesinachi v. Guy Cirillo, Warden |
Third Circuit |
2022-03-03 |
Denied |
Response WaivedIFP |
administrative-law civil-rights constitutional-rights due-process government-misconduct habeas-corpus immigration-law judicial-review procedural-inconsistency state-court |
Question not identified. |
| 21-7243 |
Jabari J. Johnson v. Stephanie Dalton |
Tenth Circuit |
2022-03-01 |
Denied |
IFP |
administrative-law asylum civil-rights due-process immigration standing |
Question not identified. |
| 21-1186 |
Michelle Manor, et vir v. Alejandro N. Mayorkas, Secretary of Homeland Security, et al. |
Ninth Circuit |
2022-02-28 |
Denied |
Response Waived |
civil-rights coercive-interrogation constitutional-law criminal-procedure due-process evidence immigration judicial-review marriage-fraud ninth-circuit unreliable-statements |
Whether the Ninth Circuit erred in finding that the Manors waived the issue that the trial court erred in relying upon unreliable statements made duri… |
| 21-7209 |
Juan Alfonso Nuno-Velasco v. Steve Sisolak, Governor of Nevada |
Nevada |
2022-02-25 |
Denied |
Response WaivedIFP |
administrative-procedure civil-rights consular-agreement discretionary-decision due-process foreign-national-rights foreign-nationals immigration-law jurisdictional-challenge standing treaty-interpretation |
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| 21-6815 |
Noe Flores-Perez v. United States |
Sixth Circuit |
2022-01-11 |
Denied |
IFP |
administrative-remedies administrative-remedy exhaustion-doctrine immigration-law in-absentia in-absentia-proceeding judicial-review notice-requirements removal-order removal-proceedings |
After a non-citizen is removed, 8 U.S.C. § 1326(a) criminalizes his return without authorization. A non-citizen charged with illegally re-entering the… |
| 21-6781 |
Matthew James Dury v. United States |
Fourth Circuit |
2022-01-07 |
Denied |
Response WaivedIFP |
civil-rights criminal-law criminal-sentencing document-fraud due-process evidence-tampering federal-procedure fraud immigration judicial-misconduct release-conditions standing |
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Tadge has the Authonty to der Ne United States Feclere. adge Nas 7 / a petendent to V's late. Uni teo… |
| 21-954 |
Joseph R. Biden, Jr., President of the United States, et al. v. Texas, et al. |
Fifth Circuit |
2021-12-29 |
Judgment Issued |
Amici (24) |
administrative-discretion administrative-law agency-discretion border-policy due-process homeland-security immigration-law immigration-policy judicial-review statutory-interpretation |
1. Whether 8 U.S.C. 1225 requires DHS to continue implementing MPP.
2. Whether the court of appeals erred by concluding that the Secretary's new deci… |
| 21-6445 |
Ruben Vazquez-Ovalle v. United States |
Fifth Circuit |
2021-11-29 |
Denied |
Response WaivedIFP |
due-process illegal-reentry immigration-law jurisdiction notice-to-appear removal-proceedings statutory-interpretation |
Did the immigration court lack authority to remove Vazquez because he was not served a notice to appear that had a hearing time? |
| 21-6420 |
Simona Tanasescu, et al. v. Dorin Coroian, et al. |
Ninth Circuit |
2021-11-24 |
Denied |
Response WaivedIFP |
circuit-rule civil-rights due-process equal-protection immigration immigration-fraud judicial-procedure pro-se pro-se-litigation racketeering |
l) Whether the United States Court for the Ninth Circuit departed from the accepted and usual course of judicial proceedings as to call for an exercis… |
| 21-6378 |
Severo Garcia-Meza v. United States |
Sixth Circuit |
2021-11-23 |
Denied |
Response WaivedIFP |
administrative-law board-of-immigration-appeals civil-rights compassionate-release cruel-and-unusual-punishment due-process immigration-law incarceration ineffective-assistance judicial-review sentencing |
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eJ/UGlfJM' ^^<Sl'PCt^C~ f/vom*-S f-J {$- <J,-S.C.i5S3C^ luJtfoi Oe«n<-*AtuhJCr … |
| 21-6287 |
Mario Hernandez-Galarza v. United States |
Eleventh Circuit |
2021-11-17 |
Denied |
Response WaivedIFP |
criminal-history discrimination due-process equal-protection fifth-amendment immigration-law liberty noncitizen-rights sentencing-guidelines |
In 2016, the United States Sentencing Commission promulgated United States Sentencing Guideline (U.S.S.G.) § 2L1.2(b)(3), which applies exclusively to… |
| 21-6302 |
Juan Alvarado-Gonzalez v. Illinois |
Illinois |
2021-11-16 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process equal-protection first-amendment free-speech government-action immigration language-access public-officials retaliation |
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| 21-6228 |
Juan Antonio Gonzalez-Urena v. United States |
Ninth Circuit |
2021-11-10 |
Denied |
Response WaivedIFP |
administrative-law due-process immigration-court immigration-law jurisdiction notice-to-appear statutory-interpretation statutory-requirements |
When a notice to appear fails to include information required by statute and/or regulation, does the immigration court lack jurisdiction over the matt… |
| 21-6205 |
Emem Ufot Udoh v. Nate Knutson, Warden |
Eighth Circuit |
2021-11-05 |
Denied |
Response WaivedIFP |
actual-innocence administrative-law constitutional-vagueness covid-19 covid-19-impact crime-of-violence deportation due-process immigration immigration-law |
In light of the recent binding precedent of this court, dated April 17, 2018, in Session v. Dimaya, 200 L. Ed 2d 549, 138 S Ct. 1204, affirming the Ni… |
| 21-6120 |
Javier Perez v. United States |
Second Circuit |
2021-10-28 |
Denied |
IFP |
2nd-amendment circuit-split civil-rights constitutional-rights due-process firearms heller-interpretation immigration second-amendment self-defense standing undocumented-immigrants |
1. Whether an undocumented immigran t like Javier Perez, who came to
the United States over 15 years ago and de veloped substantial ties to this count… |
| 21-6100 |
Rodrigo Martinez-Mendoza v. United States |
Fourth Circuit |
2021-10-27 |
Denied |
Response WaivedIFP |
appellate-review clear-error clear-error-standard due-process factual-findings immigration immigration-law law-enforcement-testimony public-confidence standard-of-review |
The "Clear Error" standard of review has been criticized as "elastic, capacious, malleable, and above all variable." Edward H. Cooper, Civil Rule 50(A… |
| 21-5974 |
Eduviges Ayala-Bello and Walter Velez-Gonzalez v. United States |
Ninth Circuit |
2021-10-14 |
Denied |
Response WaivedIFP |
administrative-law agency-policy alienage alienage-classification citizenship-distinction due-process equal-protection immigration rational-basis-review strict-scrutiny |
Whether agency policies that distinguish on the basis of citizenship automatically receive rational basis review. |
| 21-5949 |
In Re Henryk S. Borecki |
|
2021-10-13 |
Denied |
Response WaivedIFP |
administrative-law administrative-procedure citizenship-documentation due-process federal-authority identity-documents immigration mandamus real-id-act travel travel-identification |
Whether this court should issue a writ of mandamus in order to immediately expedite the issuance of petitioner's long-delayed REAL Travel ID, in advan… |
| 21-5924 |
In Re Jose Victor Hernandez-Cuellar |
|
2021-10-08 |
Denied |
IFP |
6th-amendment civil-rights constitutional-law constitutional-rights due-process equal-protection fourth-amendment immigrant-status immigration judicial-misconduct sixth-amendment |
1. Does a immigrant in the United States of America, whether here legally with visa or illegally, receive Constitutionally guaranteed Rights ?
2. How… |
| 21-5835 |
Guillermo Gonzalez-Zea v. United States |
Eleventh Circuit |
2021-09-30 |
Denied |
Response WaivedIFP |
civil-rights identity immigration investigative-stop reasonable-suspicion terry-v-ohio |
I. Pursuant to Terry v. Ohio, 392 U.S. 1, 22 (1968) and its progeny, law enforcement officers may conduct a brief, investigative stop when, under the … |
| 21-5763 |
Hamid Michael Hejazi v. Downtown Eugene, Inc. |
Oregon |
2021-09-23 |
Denied |
IFP |
administrative-procedure appellate-review board-of-immigration-appeals civil-procedure due-process immigration-law jurisdiction jurisdictional-challenge service-of-notice service-of-process standing |
1) was the Appelate Commissiones justified in dismissing vice of the filed notice of appeal vpan all advesse partieseal, and as it was tre, based on t… |
| 21-5747 |
Juan Carlos Osorto v. United States |
Eleventh Circuit |
2021-09-22 |
Denied |
Response WaivedIFP |
criminal-history due-process equal-protection federal-agencies immigration-law noncitizen-rights noncitizens sentencing-guidelines |
In 2016, the United States Sentencing Commission promulgated United States Sentencing Guideline (USSG) § 2L1.2(b)(3), which applies exclusively to non… |
| 21-5752 |
Ivan Alexandrovich Vetcher v. Immigration and Customs Enforcement, et al. |
Fifth Circuit |
2021-09-22 |
Denied |
Response WaivedIFP |
access-to-court civil-rights controlled-substances court-access-rights deportation-challenge dismissal-with-prejudice due-process immigration immigration-law pleadings pro-se pro-se-pleading |
Did DC and COA properly apply the requirements for pleadings as applied in most circuits?
Did DC and COA deny Vetcher's right to amend? |
| 21-5524 |
Miguel Andres Lara-Unzueta v. United States |
Ninth Circuit |
2021-08-30 |
Denied |
Response WaivedIFP |
8-usc-1252 8-usc-1326 deportation deportation-proceeding due-process immigration-law judicial-review procedural-rights removable-alien |
I.
1. Does a deportation proceeding deprive a removable alien of the
opportunity for judicial review under 8 U.S.C. §1326(d)(2) where neither the IJ… |
| 21-199 |
Mohammad Sharif Khalil v. Ur Jaddou, Director, United States Citizenship and Immigration Services, et al. |
Ninth Circuit |
2021-08-11 |
Denied |
|
asylum-status immigration-law immigration-nationality-act inadmissibility military-training real-id-act retroactive-application terrorist-activities terrorist-organization |
Whether the INA, as amended by the REAL ID Act, permits the government to retroactively deem a noncitizen inadmissible for receiving military-type tra… |
| 21-166 |
Leonel Cervantes-Meraz v. Oregon |
Oregon |
2021-08-05 |
Denied |
Response Waived |
criminal-defense criminal-plea fourteenth-amendment immigration immigration-consequences ineffective-assistance padilla padilla-precedent sixth-amendment |
(I) Did the State of Oregon violate the Petitioner's right to effective assistance of counsel guaranteed him by the Sixth and Fourteenth Amendment of … |
| 21-147 |
Erik Egbert v. Robert Boule |
Ninth Circuit |
2021-08-03 |
Judgment Issued |
Amici (21)Relisted (2) |
bivens bivens-doctrine civil-rights constitutional-damages federal-officer-liability first-amendment first-amendment-retaliation fourth-amendment immigration immigration-enforcement reconsider-bivens |
1. Whether a cause of action exists under Bivens for First Amendment retaliation claims.
2. Whether a cause of action exists under Bivens for claims … |
| 21-94 |
Lt. Colonel Patrick Schreiber v. Tracy Renaud, Acting Director, United States Citizenship and Immigration Services, et al. |
Tenth Circuit |
2021-07-23 |
Denied |
Response Waived |
administrative-issue-exhaustion administrative-law carr-v-davis child-definition constitutional-claim federal-common-law immigration-law immigration-nationality-act legitimation state-law statutory-interpretation |
The definition of "child" in Section 1101(b)(1) of the Immigration and Nationality Act includes "a child legitimated under the law of the child's [or … |
| 21-80 |
Outdoor Amusement Business Association, Inc., et al. v. Department of Homeland Security, et al. |
Fourth Circuit |
2021-07-21 |
Denied |
|
administrative-law clear-statement-rule h-2b-visa immigration-law labor-certification legislative-rulemaking nondelegation-doctrine |
Whether Congress, consistent with the nondelegation doctrine and clear-statement rule, impliedly authorized the Secretary of Labor individually to pro… |
| 21-5122 |
Juan Angel Velasquez-Canales v. United States |
Fourth Circuit |
2021-07-15 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing district-court-discretion felony-enhancement guideline-interpretation immigration prior-conviction prior-convictions sentencing-enhancements sentencing-guidelines statutory-interpretation |
Whether the district court erred in applying a six-level enhancement under Section 2L1.2(b)(2)(C) of the Sentencing Guidelines where Mr. Velasquez-Can… |
| 21-5017 |
Angel Mondragon Garcia v. United States |
Fifth Circuit |
2021-07-06 |
GVR |
IFP |
aggravated-felony borden-decision certiorari crime-of-violence criminal-law immigration mens-rea sentencing statutory-enhancement statutory-interpretation supreme-court |
Whether the Court should grant certiorari, vacate the judgment below and remand for further consideration in light of this Court's recent decision in … |
| 21-7 |
Merrick B. Garland, Attorney General, et al. v. Leymis Carolina Velasquez, et al. |
Eighth Circuit |
2021-07-06 |
GVR |
Response RequestedRelisted (2) |
adjustment-of-status administrative-law admission-criteria immigration immigration-law lawful-permanent-resident permanent-residency statutory-interpretation temporary-protected-status |
Whether, under 8 U.S.C. 1254a(f)(4), a grant of temporary protected status must be treated as an admission into the United States for purposes of a fo… |
| 20-8465 |
Felipe Ambriz-Valdovinos v. United States |
Ninth Circuit |
2021-07-01 |
Denied |
Response WaivedIFP |
8-cfr-1003.14 8-usc-1229 administrative-procedure circuit-split immigration-law immigration-proceedings jurisdiction notice-to-appear statutory-interpretation |
Should the Court resolve the circuit split on whether a notice to appear in immigration proceedings must comply with the statutory definition of a not… |
| 20-1803 |
Evelyn Sineneng-Smith v. United States |
Ninth Circuit |
2021-06-25 |
Denied |
Response Waived |
alien-status constitutional-vagueness criminal-statute due-process first-amendment immigration-law standing statutory-interpretation vagueness |
1. Do the terms "encouraging" and "inducing" an alien to reside in the
United States, within the meaning of 8 U. S.C. § 1324(a)(1)(A)(iv), extend to t… |
| 20-1775 |
Arizona, et al. v. City and County of San Francisco, California, et al. |
Ninth Circuit |
2021-06-23 |
Judgment Issued |
Amici (3)Relisted (4) |
administrative-law apa civil-rights immigration mootness standing |
Under the Immigration and Nationality Act, 8 U.S.C. §§1101 et seq., an alien is "inadmissible" if, "in the opinion of the [Secretary of Homeland Secur… |
| 20-1776 |
Owen Marlon Alexander v. Breaking Ground, et al. |
Second Circuit |
2021-06-23 |
Denied |
|
administrative-procedure agency-deference civil-procedure civil-rights double-jeopardy due-process guardianship immigration-law intervention public-charge rule-making standing Whether States with interests should be permitted |
For some reason it seems like when I became a citizen of the United States my family, friends, management of the Hegeman, CUCS, and other members of s… |
| 20-8201 |
Andres Abelino Ayon-Brito, aka Hugo Ayon-Brito, aka Joel Diaz Garcia v. United States |
Fourth Circuit |
2021-06-03 |
Denied |
IFP |
administrative-law circuit-split criminal-law due-process federal-jurisdiction immigration immigration-law reentry reentry-violation statutory-interpretation |
Does a "found in" violation of 8 U.S.C. § 1326 occur when an alien reenters the country, as the Fourth, Seventh, Ninth, and Tenth Circuits have held, … |
| 20-8074 |
Anibal Lucas Garcia v. United States |
Fourth Circuit |
2021-05-19 |
Denied |
Response WaivedIFP |
aggravated-felony appellate-review categorical-approach duenas-alvarez formal-law generic-crime immigration-law overbreadth-doctrine state-law statutory-interpretation |
This case concerns a methodological problem in applying the categorical approach. The categorical approach compares the elements of a state crime with… |
| 20-7969 |
Refugio Agustin-Pineda v. United States |
Ninth Circuit |
2021-05-10 |
Denied |
Response WaivedIFP |
administrative-procedure due-process immigration-law immigration-proceedings jurisdiction jurisdictional-requirements notice-to-appear removal-proceedings statutory-interpretation |
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 … |
| 20-7950 |
Antonio Serrano-Perez v. United States |
Fifth Circuit |
2021-05-06 |
Denied |
Response WaivedIFP |
constitutional-interpretation constitutional-law criminal-law due-process felony-offense illegal-reentry immigration-law prior-conviction sentencing sentencing-enhancement statutory-interpretation supreme-court |
The default penalty range for ill egal reentry in violation of 8 U.S.C. § 1326(a) is a sentence of "n ot more than 2 years" in prison. Petitioner was … |
| 20-7862 |
In Re Momolu V. S. Sirleaf, Jr. |
|
2021-04-27 |
Denied |
IFP |
administrative-law civil-rights constitutional-law constitutional-provisions court-review due-process federal-courts immigration-law jurisdiction standing state-courts statutory-provisions |
Does AEDPA Procedurally Bar void Judgmentes) in this
(or any other action. And if s0, 28 U.s.(.5 2403amay be
Of said Statute's, Constitutionalitys
2
… |
| 20-7714 |
Dario Reyes-Torres v. United States |
Fifth Circuit |
2021-04-13 |
Denied |
IFP |
civil-rights constitutional-interpretation due-process immigration individual-rights right-to-bear-arms second-amendment self-defense standing undocumented-immigrants |
Whether resident undocumented immigrants are part of the people whose right to keep and bear arms for individual self defense the second amendment pro… |
| 20-1427 |
Levian dela Car Pacheco Pacheco, aka Levian D. Pacheco v. United States |
Ninth Circuit |
2021-04-12 |
Denied |
Response Waived |
administrative-law criminal-law deportation due-process immigration immigration-law sexual-offense statutory-construction statutory-interpretation |
Congress has made it a crime to engage in certain sexual acts with detainees who are "pending deportation." 18 U.S.C. §§ 2243(b), 2244(a)(4), 2246(5)(… |
| 20-7509 |
Erik Santiago Leon Del Angel v. United States |
Ninth Circuit |
2021-03-19 |
Denied |
Response WaivedIFP |
continuance criminal-procedure defendant-rights district-court-discretion due-process immigration immigration-proceedings judicial-error jurisdiction procedural-fairness sentencing sentencing-continuance |
Did the District Court prejudicially err by denying petitioner's request to continue his sentencing so he may first appear in Immigration Court? |
| 20-7501 |
Alfredo Arroyo-Hernandez v. United States |
Fifth Circuit |
2021-03-18 |
Denied |
Response WaivedIFP |
collateral-attack due-process illegal-reentry immigration-law immigration-removal jurisdiction jurisdictional-challenge notice-to-appear removal-proceedings statutory-interpretation |
Alfredo Arroyo-Hernandez, like many noncitizen defendants, was ordered removed by an immigration judge after being served a document titled "notice to… |
| 20-1282 |
In Re Kaysha F. N. Dery |
|
2021-03-17 |
Denied |
|
administrative-detention civil-rights constitutional-rights due-process habeas-corpus immigration immigration-law indigenous-rights terrorism torture |
1. Is it constitutional to detain someone who is fleeing torture and terrorism? Is it constitutional when that person is the posterity of the UNITED S… |
| 20-7390 |
Emem Ufot Udoh v. Nate Knutson, Warden |
Eighth Circuit |
2021-03-09 |
Denied |
Response WaivedRelisted (2)IFP |
actual-innocence administrative-law constitutional-vagueness covid-19 covid-19-restrictions deportation due-process immigration immigration-law |
In light of the recent binding precedent of this court, dated April 17, 2018, in Session v. Dimaya, 200 L. Ed 2d 549, 138 S Ct. 1204, affirming the Ni… |
| 20-7140 |
Cesar Raul Aceves v. United States |
Ninth Circuit |
2021-02-12 |
Denied |
Response WaivedIFP |
criminal-law criminal-procedure immigration immigration-law mens-rea rehaif-v-united-states status-elements statutory-interpretation united-states-v-rehaif unlawful-reentry |
18 U.S.C. § 922(g) prohibits individuals falling into particular status categories from possessing firearms or ammunition. Rehaif v. United States, 58… |
| 20-6955 |
Theresa Skillings v. City of New York, New York |
New York |
2021-01-27 |
Denied |
Relisted (2)IFP |
administrative-law agency-discretion americans-with-disabilities-act child-services civil-rights due-process equal-protection family-law immigration-law social-services-law statutory-interpretation |
Whether the respondent, in denying the petitioner's request for services by occupation at the petitioner's home in accordance with New York State Law,… |
| 20-1010 |
Ded Rranxburgaj v. Alejandro N. Mayorkas, Secretary of Homeland Security, et al. |
Sixth Circuit |
2021-01-27 |
Dismissed |
Amici (3) |
administrative-law agency-discretion immigration-law jurisdiction removal-proceedings statutory-interpretation |
Question not identified. |
| 20-979 |
Pankajkumar S. Patel, et al. v. Merrick B. Garland, Attorney General |
Eleventh Circuit |
2021-01-22 |
Judgment Issued |
Amici (6)Relisted (2) |
administrative-law citizenship citizenship-misrepresentation discretionary-relief due-process federal-jurisdiction immigration-law inadmissibility judicial-review statutory-interpretation |
1. Whether 8 U.S.C. § 1252(a)(2)(B)(i) preserves the jurisdiction of federal courts to review a non-discretionary determination that a noncitizen is i… |
| 20-962 |
United States Citizenship and Immigration Services, et al. v. City and County of San Francisco, California, et al. |
Ninth Circuit |
2021-01-21 |
Dismissed |
|
administrative-procedure administrative-rulemaking homeland-security immigration-law immigration-nationality-act inadmissibility notice-and-comment public-charge standing statutory-interpretation |
Whether entities that are not subject to the public-charge ground of inadmissibility contained in 8 U.S.C. 1182(a)(4)(A), and which seek to expand ben… |
| 20-967 |
Pedro Rodriguez-Garcia v. United States |
Fifth Circuit |
2021-01-15 |
Denied |
Response Waived |
collateral-attack due-process illegal-reentry immigration-law jurisdiction jurisdictional-challenge notice-to-appear removal-order removal-proceedings statutory-interpretation |
Pedro Rodriguez-Garcia was ordered removed by an immigration judge after being served a document titled "Notice to Appear" that did not tell Mr. Rodri… |
| 20-6857 |
Luis Pina v. United States |
Fifth Circuit |
2021-01-14 |
Denied |
Response WaivedIFP |
due-process illegal-reentry immigration-law jurisdiction jurisdictional-challenge removal-order removal-orders separation-of-powers |
Whether, in light of Pereira v. Sessions, 138 S. Ct. 2105 (2018), the immigration court issuing orders of removal against each petitioner lacked juris… |
| 20-6867 |
Noel Romero-Espinal v. United States |
Fourth Circuit |
2021-01-13 |
Denied |
Response WaivedIFP |
continuing-offense criminal-law criminal-procedure due-process federal-statute illegal-reentry immigration immigration-law sentencing statutory-interpretation united-states-code |
Whether illegally reentering the United States in violation of 8 U.S.C. §1326 is a continuing offense. |
| 20-6752 |
Juan Tinoco-Garcia v. United States |
Ninth Circuit |
2021-01-04 |
Denied |
Response WaivedIFP |
due-process immigration immigration-law judicial-advisement non-citizen non-citizen-rights padilla-v-kentucky post-conviction-relief removal-proceedings |
Does an immigration judge's failure to advise an immigrant in removal proceedings of their apparent eligibility to seek post-conviction relief under P… |
| 20-795 |
New York, et al. v. Department of Justice, et al. |
Second Circuit |
2020-12-10 |
Dismissed |
Amici (1)Relisted (3) |
administrative-law byrne-jag-program civil-rights federal-funding federal-grants grant-conditions immigration immigration-enforcement spending-clause statutory-interpretation tenth-amendment |
Did Congress authorize DOJ to condition Byrne JAG funding on acceptance of DOJ's three new requirements? |
| 20-796 |
City of New York v. Department of Justice, et al. |
Second Circuit |
2020-12-10 |
Dismissed |
Relisted (3) |
administrative-law byrne-jag-grant civil-procedure federal-grants federal-immigration-enforcement government-funding immigration separation-of-powers statutory-interpretation |
In 2006, Congress enacted the Edward Byrne Memorial Justice Assistance Grant ("Byrne JAG") statute, requiring the Department of Justice to provide gra… |
| 20-6587 |
In Re Marie Joy Tanamor-Steffan |
|
2020-12-09 |
Denied |
IFP |
administrative-procedure civil-rights covid-19 covid-19-risk due-process habeas-corpus humanitarian-parole immigration immigration-detention medical-vulnerability public-health |
Question not identified. |
| 20-6552 |
Ignacio Arreola-Mendoza v. United States |
Fifth Circuit |
2020-12-08 |
GVR |
Relisted (2)IFP |
circuit-split criminal-law due-process federal-sentencing immigration immigration-law reckless-mental-state sentencing statutory-interpretation use-of-force |
Whether a statute has as an element the use of force against the person of another when a conviction under that statute can be based on a reckless men… |
| 20-6541 |
Alejandro Pineda-Campuzano v. United States |
Fifth Circuit |
2020-12-07 |
GVR |
Relisted (2)IFP |
circuit-split criminal-law due-process federal-sentencing immigration immigration-law reckless-mental-state sentencing statutory-interpretation use-of-force |
Whether a statute has as an element the use of force against the person of another when a conviction under that statute can be based on a reckless men… |
| 20-6539 |
Alfonso Lopez-Rodriguez v. United States |
Fifth Circuit |
2020-12-04 |
GVR |
Relisted (2)IFP |
circuit-split criminal-law federal-sentencing immigration immigration-law physical-force reckless-mental-state sentencing statutory-interpretation supreme-court |
Whether a statute has as an element the use of physical force against the person or property of another, for purposes of 18 U.S.C. § 16(a), when a con… |
| 20-6462 |
Anastacio Castruita-Escobedo v. United States |
Fifth Circuit |
2020-11-27 |
Denied |
Response WaivedIFP |
collateral-attack due-process illegal-reentry immigration-court immigration-law jurisdiction jurisdictional-challenge notice-to-appear removal-order removal-proceedings statutory-interpretation |
Anastacio Castruita-Escobedo, like many noncitizen defendants, was ordered removed by an immigration judge after being served a document titled "notic… |
| 20-6464 |
Benito Moreno-Rodriguez v. United States |
Fifth Circuit |
2020-11-27 |
Denied |
Response WaivedIFP |
collateral-attack due-process illegal-reentry immigration-court immigration-law jurisdictional-challenge notice-to-appear removal-order removal-proceedings statutory-interpretation |
Benito Moreno-Rodriguez, like many noncitizen defendants, was ordered removed by an immigration judge after being served a document titled "notice to … |
| 20-6362 |
Victor Manuel Avalos-Rivera v. United States |
Ninth Circuit |
2020-11-17 |
Denied |
Response WaivedIFP |
8-usc-1229 circuit-split illegal-reentry immigration-court immigration-law jurisdiction notice-to-appear removal-order statutory-interpretation |
Whether an immigration court lacks jurisdiction to issue an order of removal that can later be used as a basis for an illegal reentry criminal convict… |
| 20-666 |
Robert M. Wilkinson, Acting Attorney General, et al. v. City and County of San Francisco, California, et al. |
Ninth Circuit |
2020-11-13 |
Granted |
|
byrne-jag-program civil-rights department-of-justice federal-funding federal-grants grant-conditions immigration immigration-compliance information-sharing state-and-local-government statutory-authority statutory-interpretation |
1. Whether the Department has statutory authority to impose the notice and access conditions on grantees that accept Byrne JAG awards.
2. Whether the… |
| 20-584 |
Michael Wood, et ux. v. United States |
Third Circuit |
2020-11-03 |
Denied |
Response Waived |
conspiracy-charges conspiracy-to-commit-immigration-offenses constructive-amendment criminal-procedure first-amendment immigration-law prejudicial-variance statute-of-limitations yates-v-united-states |
1. Whether Defendants' conviction for conspiracy to commit immigration offenses is legally invalid pursuant to Yates v. United States, 354 U.S. 298 (1… |
| 20-6195 |
Erlin Josue Torres Zuniga v. United States |
Fourth Circuit |
2020-11-03 |
Denied |
Response WaivedIFP |
administrative-adjudication administrative-agency-adjudication civil-procedure collateral-estoppel criminal-defendant due-process immigration-law jurisdiction jurisdictional-requirement notice-to-appear removal-proceedings |
I. Whether and under what circumstances the government may invoke collateral estoppel against a criminal defendant based on a prior administrative age… |
| 20-6066 |
Rodolfo Segura-Virgen v. United States |
Fourth Circuit |
2020-10-20 |
Denied |
Relisted (2)IFP |
aggravated-felony civil-rights criminal-procedure deportation-order due-process fifth-amendment illegal-reentry immigration judicial-review pro-se-waiver removal-order |
I. Four terms ago, in Esquivel-Quintana v. Sessions , 137 S.Ct. 1562 (2017), this
Court held that a conviction under California Penal Code § 261.5(c) … |
| 20-6049 |
Isidoro Gonzalez-Ferretiz v. United States |
Fourth Circuit |
2020-10-16 |
Denied |
Relisted (2)IFP |
aggravated-felony criminal-procedure deportation-order due-process fifth-amendment immigration judicial-review mendoza-lopez pro-se-alien waiver waiver-of-appeal |
In Mendoza-Lopez, 481 U.S. 828, 840 (1987), this Court held that the Fifth Amendment prevents the government from using a deportation order to satisfy… |
| 20-6057 |
David Lee Emmert, Jr. v. United States |
Eighth Circuit |
2020-10-16 |
Denied |
Response WaivedIFP |
child-pornography criminal-defendants criminal-enhancement due-process equal-protection immigration liberty-interest sentencing-disparity sexual-abuse-minor statutory-interpretation |
As of right now, immigration cases use the Esquivel-Quintana standard exposure to statutory penalty for "any 1' prior felony of "sexual abuse of a min… |
| 20-5995 |
Edwin Virgilio Gomez v. United States |
Fifth Circuit |
2020-10-13 |
Denied |
Response WaivedIFP |
collateral-attack due-process illegal-reentry immigration-court immigration-law jurisdictional-challenge notice-to-appear removal-order removal-proceedings statutory-interpretation |
Edwin Virgilio Gomez, like many noncitizen defendants, was ordered removed by an immigration judge after being served a document titled "notice to app… |
| 20-449 |
Department of Homeland Security, et al. v. New York, et al. |
Second Circuit |
2020-10-08 |
Granted |
Relisted (3) |
administrative-law administrative-procedure agency-rulemaking homeland-security immigration-law immigration-nationality-act judicial-review notice-and-comment public-charge standing |
Under the Immigration and Nationality Act, 8 U.S.C. 1101 et seq., an alien is "inadmissible" if, "in the opinion of the [Secretary of Homeland Securit… |
| 20-450 |
Alejandro N. Mayorkas, Secretary of Homeland Security, et al. v. Cook County, Illinois, et al. |
Seventh Circuit |
2020-10-08 |
Denied |
Relisted (3) |
administrative-law administrative-procedure homeland-security immigration-law immigration-nationality-act inadmissibility notice-and-comment notice-and-comment-rulemaking public-charge standing statutory-interpretation |
Under the Immigration and Nationality Act, 8 U.S.C. 1101 et seq., an alien is "inadmissible" if, "in the opinion of the [Secretary of Homeland Securit… |
| 20-437 |
United States v. Refugio Palomar-Santiago |
Ninth Circuit |
2020-10-06 |
Judgment Issued |
Amici (6) |
administrative-law administrative-remedies criminal-law due-process fundamental-unfairness immigration-law judicial-review removal-order statutory-interpretation unlawful-reentry |
Under 8 U.S.C. 1326(d), a defendant charged with unlawful reentry into the United States following removal may assert the invalidity of the original r… |
| 20-5925 |
Roberto Mendoza-Sanchez v. United States |
First Circuit |
2020-10-06 |
Denied |
Response WaivedIFP |
administrative-law due-process immigration-court-jurisdiction immigration-law jurisdictional-challenge notice-to-appear pereira-v-sessions removal-proceedings service-of-process statutory-interpretation |
1. Whether the immigration court has jurisdiction to remove a noncitizen
where the removal proceedings were initiated by a notice to appear that did n… |
| 20-5847 |
John James Hartz v. Washington Department of Corrections |
Ninth Circuit |
2020-10-01 |
Denied |
Response WaivedIFP |
citizenship civil-rights due-process immigration naturalization standing |
Whether the Washington State Constitution's Article I, Section 24, which permits prosecution by information without a grand jury indictment, violates … |
| 20-5881 |
Jose Vincente Lira-Ramirez v. United States |
Tenth Circuit |
2020-10-01 |
Denied |
Response WaivedIFP |
criminal-procedure due-process immigration immigration-law jurisdiction jurisdictional-defect noncitizen-rights notice removal removal-proceedings unlawful-reentry |
Does the Due Process Clause permit a noncitizen to be convicted under 8 U.S.C. § 1326 for unlawful reentry into the United States if the noncitizen wa… |
| 20-5720 |
Martin Garcia-Moreno v. United States |
Ninth Circuit |
2020-09-16 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure due-process elements-of-offense immigration-law jury-trial prior-conviction sentencing-factors sixth-amendment |
In Almendarez-Torres v. United States, 523 U.S. 224 (1998), the Court held that in a prosecution for 8 U.S.C. § 1326, the fact of a prior conviction n… |
| 20-315 |
Jose Santos Sanchez, et ux. v. Alejandro N. Mayorkas, Secretary of Homeland Security, et al. |
Third Circuit |
2020-09-10 |
Judgment Issued |
Amici (12) |
8-usc-1254a 8-usc-1255 administrative-law circuit-split immigration-law legal-status noncitizen-rights statutory-interpretation temporary-protected-status |
Whether, under 8 U.S.C. § 1254a(f)(4), a grant of
Temporary Protected Status authorizes eligible noncitizens to obtain lawful-permanent-resident statu… |
| 20-5651 |
Christopher R. Gish v. Randall Hepp, Warden |
Seventh Circuit |
2020-09-10 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure hill-v-lockhart immigration immigration-consequences ineffective-assistance ineffective-assistance-of-counsel lee-v-united-states plea-bargaining prejudice-standard |
In Lee v. United States , __ U.S. __, 137 S. Ct. 1958, 1965 (2017), this Court held that in assessing whether a defense attorney's deficient advice th… |
| 20-5654 |
Aaron Jose Acuna-Duenas v. United States |
Fifth Circuit |
2020-09-10 |
Denied |
Response WaivedIFP |
due-process illegal-reentry immigration-court-jurisdiction immigration-law judicial-jurisdiction pereira-precedent pereira-v-sessions removal-orders separation-of-powers |
Whether, in light of Pereira v. Sessions, 138 S. Ct. 2105 (2018), the immigration court issuing orders of removal against each petitioner lacked juris… |
| 20-234 |
Immigration and Customs Enforcement, et al. v. Yolany Padilla, et al. |
Ninth Circuit |
2020-08-27 |
GVR |
|
5th-amendment classwide-injunction credible-fear detention due-process expedited-removal immigration immigration-detention statutory-interpretation |
1. Whether 8 U.S.C. 1225(b)(l)(B)(ii) —which authorizes the government to detain aliens who are placed in expedited removal proceedings, but who then … |
| 20-5268 |
Luis Fernando Ramirez v. United States |
Fifth Circuit |
2020-08-06 |
Denied |
Response WaivedIFP |
collateral-attack due-process illegal-reentry immigration-law immigration-removal jurisdiction jurisdictional-challenge notice-to-appear removal-proceedings statutory-interpretation |
1. Did the immigration court lack authority to remove Ramirez because he was not served a notice to appear that had a hearing time?
2. In an illegal … |
| 20-120 |
Alfredo Juarez v. Colorado |
Colorado |
2020-08-04 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
criminal-procedure deportation effective-assistance-of-counsel guilty-plea immigration immigration-consequences padilla-standard padilla-v-kentucky sixth-amendment |
When there is no dispute that a guilty plea will trigger mandatory deportation pursuant to federal law, must defense counsel advise a noncitizen-defen… |
| 20-5242 |
Maurice Miles v. CDCR Correctional Officers, et al. |
Ninth Circuit |
2020-07-31 |
Denied |
IFP |
asylum civil-rights detention due-process habeas-corpus immigration |
Question not identified. |
| 20-30 |
Nigel Christopher Paul Martin v. United States |
Eleventh Circuit |
2020-07-16 |
Denied |
Response Waived |
criminal-procedure immigration immigration-consequences ineffective-assistance ineffective-assistance-of-counsel mandatory-deportation padilla-claim padilla-v-kentucky plea-agreement plea-bargaining post-conviction-relief |
Is a defendant categorically prohibited from establishing an ineffective assistance of counsel claim under Padilla v. Kentucky, 559 U.S. 356 (2010), w… |
| 20-5076 |
Jorge Aaron Ceja-Valdez v. United States |
Ninth Circuit |
2020-07-15 |
Denied |
Response WaivedIFP |
8-usc-1101 california-penal-code categorical-approach criminal-law deportation-grounds immigration-law statutory-interpretation theft-offense |
Does a conviction under California Penal Code § 211 categorically qualify as a generic "theft" offense for purposes of 8 U.S.C. § 1101(a)(43)(G)? |
| 20-5052 |
Jeremy E. Lewis v. United States |
Sixth Circuit |
2020-07-14 |
Denied |
Response WaivedIFP |
access-to-courts board-of-immigration-appeals civil-rights due-process frivolous-filings habeas-corpus immigration-law ineffective-assistance judicial-review motion-to-reopen standing statutory-interpretation |
Lewis was "Completely" barred from filing a motion in federal court. Does Lewis have a "Constitutional Right To Petition The Courts" under this Court'… |
| 19-1471 |
Jessica Lynn Tkacz v. Daniel G. Bogden, et al. |
Ninth Circuit |
2020-07-08 |
Denied |
Response Waived |
administrative-law due-process evidentiary-standard. immigration standard-of-review administrative-law administrative-review burden-of-proof due-process evidence-standard immigration immigration-law judicial-review marriage-fraud standard-of-review |
Is the deferential "substantial evidence" standard employed by federal courts to review decisions of the Board of Immigration Appeals fundamentally in… |
| 19-8733 |
Petrona Gaspar-Miguel v. United States |
Tenth Circuit |
2020-06-17 |
Denied |
IFP |
border-crossing criminal-conviction criminal-law due-process immigration-law law-enforcement-surveillance official-restraint statutory-interpretation |
The issue presented in this Petition is whether constant surveillance by a law enforcement agent is "official restraint" that prevents an "entry" and … |
| 19-8720 |
Ankit Puri v. United States |
Fifth Circuit |
2020-06-16 |
Denied |
Response WaivedIFP |
criminal-law firearms immigration jury-instructions rehaif-v-united-states sufficiency-of-evidence |
1) Whether, in light of this Court's decision in Rehaif v. United States, 139 S.Ct. 2191 (2019), the indictment and jury instructions omitted an essen… |
| 19-8661 |
Justo Jonah Santos v. United States |
Eleventh Circuit |
2020-06-10 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
confrontation-clause criminal-prosecution immigration immigration-law naturalization sixth-amendment testimonial testimonial-evidence |
The lower court in this case admitted into evidence an immigration officer's handwritten notes and checkmarks on a naturalization application, made du… |
| 19-8583 |
Joseph Emanuel Hechavarria v. William P. Barr, Attorney General |
Second Circuit |
2020-06-02 |
Denied |
Response WaivedIFP |
categorical-approach circuit-split crime-of-violence criminal-law due-process immigration immigration-law physical-force removal-proceedings statutory-interpretation |
Petitioner Joseph Hechavarria, an immigrant, has been ordered removed from the United States for having committed a crime of violence as defined by 18… |
| 19-8510 |
Juan Carlos Garcia Torres v. United States |
Fourth Circuit |
2020-05-21 |
Denied |
Response WaivedIFP |
administrative-law due-process immigration-court immigration-law jurisdiction noncitizen notice-to-appear removal-proceedings |
Whether an immigration court has jurisdiction to commence removal proceedings against a noncitizen if the "notice to appear" at the removal hearing fa… |
| 19-8431 |
Ciro Cruz-Lopez v. United States |
Fifth Circuit |
2020-05-11 |
Denied |
Response WaivedIFP |
collateral-attack due-process illegal-reentry immigration-court immigration-law jurisdictional-challenge notice-to-appear removal-order removal-proceedings statutory-interpretation |
Ciro Cruz-Lopez, like many noncitizen defendants, was ordered removed by an immigration judge after being served a document titled "notice to appear" … |
| 19-1212 |
Alejandro N. Mayorkas, Secretary of Homeland Security, et al. v. Innovation Law Lab, et al. |
Ninth Circuit |
2020-04-14 |
Judgment Issued |
Amici (13) |
administrative-law administrative-procedure agency-authority border-policy due-process immigration-law non-refoulement notice-and-comment preliminary-injunction statutory-interpretation |
This case concerns a Department of Homeland Security (DHS) policy, known as the Migrant Protection Protocols (MPP), which applies to aliens who have n… |
| 19-8163 |
In Re Marie Joy Tanamor-Steffan |
|
2020-04-02 |
Denied |
IFP |
administrative-procedure civil-rights constitutional-rights detention due-process executive-authority habeas-corpus immigration immigration-detention |
Question not identified. |
| 19-8169 |
Jorge Madero-Gil v. United States |
Fifth Circuit |
2020-04-02 |
Denied |
Response WaivedIFP |
due-process illegal-reentry immigration-court immigration-law jurisdiction pereira-v-sessions removal-order removal-orders separation-of-powers |
Whether, in light of Pereira v. Sessions, 138 S. Ct. 2105 (2018), the immigration court issuing orders of removal against each petitioner lacked juris… |
| 19-8107 |
Raul Guzman-Ibarez v. United States |
Ninth Circuit |
2020-03-26 |
Denied |
IFP |
administrative-law aggravated-felony circuit-split due-process immigration-law immigration-proceedings judicial-review retroactivity statutory-interpretation |
Does the provision of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) that expanded the definition of "aggravated felony" app… |
| 19-1155 |
Merrick B. Garland, Attorney General v. Ming Dai |
Ninth Circuit |
2020-03-20 |
Judgment Issued |
Amici (1) |
asylum-application board-of-immigration-appeals court-of-appeals credibility-determination immigration-judge immigration-law ins-v-ventura judicial-review remand-rule removal-proceedings ventura |
1. Whether a court of appeals may conclusively presume that an asylum applicant's testimony is credible and true whenever an immigration judge or the … |
| 19-1156 |
Merrick B. Garland, Attorney General v. Cesar Alcaraz-Enriquez |
Ninth Circuit |
2020-03-20 |
Judgment Issued |
|
administrative-adjudication administrative-law appellate-procedure appellate-review credibility credibility-determination due-process immigration-law judicial-review standard-of-review withholding-of-removal |
Whether a court of appeals may conclusively presume an applicant's testimony is credible and true whenever an immigration judge or the Board of Immigr… |
| 19-7996 |
Milton Mayorga v. United States |
Fifth Circuit |
2020-03-16 |
Denied |
IFP |
collateral-attack due-process illegal-reentry immigration-court-authority immigration-law immigration-removal jurisdiction jurisdictional-challenge notice-to-appear removal-proceedings statutory-interpretation |
Milton Mayorga, like many noncitizen defendants, was ordered removed by an immigration judge after being served a document titled "notice to appear" t… |
| 19-7830 |
Pablo Antonio Pantaleon-Aviles v. United States |
Eleventh Circuit |
2020-03-09 |
Denied |
Response WaivedIFP |
confrontation-clause criminal-procedure deportation deportation-warrant evidence illegal-reentry immigration immigration-law sixth-amendment |
Whether a warrant of deportation admitted to prove an essential element of the offense of illegal reentry is subject to confrontation under the Sixth … |
| 19-7842 |
Manetirony Clervrain v. United States, et al. |
Tenth Circuit |
2020-03-02 |
Denied |
Response WaivedIFP |
administrative-ambiguity administrative-law alien-definition civil-rights constitutional-interpretation due-process immigration immigration-law plra standing statutory-interpretation trade-secret |
I. When considering whether agency expertise could be brought to bear on the questions presented in the "Bennett " decision, the United States Court o… |
| 19-7821 |
Juan Alberto Cantu-Siguero v. United States |
Fifth Circuit |
2020-02-28 |
Denied |
IFP |
civil-rights due-process illegal-reentry immigration immigration-court immigration-court-jurisdiction pereira-precedent pereira-v-sessions removal-order removal-orders separation-of-powers |
Whether, in light of Pereira v. Sessions, 138 S. Ct. 2105 (2018), the immigration court issuing orders of removal against each petitioner lacked juris… |
| 19-7753 |
Juan Ramon Pineda-Fernandez v. United States |
Fifth Circuit |
2020-02-24 |
Denied |
IFP |
collateral-attack due-process illegal-reentry immigration-law immigration-removal jurisdiction jurisdictional-challenge notice-to-appear removal-proceedings statutory-interpretation |
1. Did the immigration court lack authority to remove Mr. Pineda because he was not served a notice to appear that had a hearing time?
2. In an illeg… |
| 19-7718 |
Denny Reyes v. United States |
Second Circuit |
2020-02-20 |
Denied |
Response WaivedIFP |
18-usc-2a 8-usc-1324a aiding-and-abetting criminal-intent immigration-law mens-rea recklessness rosemond-v-united-states statutory-interpretation |
Whether the intent element of 18 U.S.C. § 2(a) can, consistent with this Court's decision in Rosemond v. United States, 572 U.S. 65 (2014), be satisfi… |
| 19-1031 |
Erin Capron, et al. v. Office of the Attorney General of the Commonwealth of Massachusetts, et al. |
First Circuit |
2020-02-19 |
Denied |
Amici (3)Response RequestedResponse WaivedRelisted (2) |
cultural-exchange federal-preemption federal-regulations foreign-policy immigration labor-laws state-regulation |
Whether federal law preempts the application of state and local labor laws to the terms and conditions of participation in the federal au pair program… |
| 19-975 |
Center for Biological Diversity, et al. v. Chad Wolf, Acting Secretary of Homeland Security, et al. |
District of Columbia |
2020-02-04 |
Denied |
Amici (4)Response RequestedResponse WaivedRelisted (2) |
administrative-law border-wall constitutional-challenge homeland-security immigration-law immigration-reform non-delegation-doctrine Presentment-Clause separation-of-powers |
Whether IIRIRA § 102(c)—which grants the Secretary of Homeland Security unfettered discretion to waive all federal, and related state, local, and trib… |
| 19-7410 |
Victor Manuel Mora-Galindo v. United States |
Fifth Circuit |
2020-01-24 |
Denied |
IFP |
collateral-attack due-process illegal-reentry immigration-court-jurisdiction immigration-law immigration-removal jurisdiction jurisdictional-challenge notice-to-appear procedural-due-process removal-proceedings statutory-interpretation |
1. Did the immigration court lack authority to remove Mora because he was not served a notice to appear that had a hearing time?
2. In an illegal ree… |
| 19-7345 |
Roberto Sanchez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-01-22 |
Denied |
IFP |
circuit-precedent civil-procedure constitutional-law due-process fifth-circuit immigration immigration-status judicial-conflict legal-interpretation precedent prejudice prejudicial-evidence procedural-review |
DID THE FIFTH CIRUIT*S OPINION CONFLICT WITH IT'S OWN PRECEDENT
IN ROJAS V. RICHARDSON REGARDING THE PREJUDICICAL NATURE OF A
PARTY'S IMMIGRATION STAT… |
| 19-896 |
Tae D. Johnson, Acting Director of U.S. Immigration and Customs Enforcement, et al. v. Antonio Arteaga-Martinez |
Third Circuit |
2020-01-21 |
Judgment Issued |
Relisted (3) |
administrative-law bond-hearing clear-and-convincing-evidence due-process flight-risk immigration-detention immigration-law statutory-interpretation |
Whether an alien who is detained under 8 U.S.C. 1231 is entitled by statute, after six months of detention, to a bond hearing at which the government … |
| 19-897 |
Tae D. Johnson, Acting Director of U.S. Immigration and Customs Enforcement, et al. v. Maria Angelica Guzman Chavez, et al. |
Fourth Circuit |
2020-01-21 |
Judgment Issued |
Amici (7)Relisted (2) |
8-usc-1226 8-usc-1231 administrative-law detention immigration-detention immigration-law immigration-procedure removal-order statutory-interpretation withholding-of-removal withholding-removal |
Whether the detention of an alien who is subject to a reinstated removal order and who is pursuing withholding or deferral of removal is governed by 8… |
| 19-7052 |
Jose Alexander Callejas Rivera v. United States |
Fifth Circuit |
2019-12-23 |
Denied |
IFP |
collateral-attack due-process illegal-reentry immigration-court-jurisdiction immigration-law jurisdiction jurisdictional-challenge pereira-v-sessions removal-order removal-orders separation-of-powers |
Whether, in light of Pereira v. Sessions, 138 S. Ct. 2105 (2018), the immigration court issuing orders of removal against each petitioner lacked juris… |
| 19-7008 |
Abraham Hernandez-Zavala v. United States |
Ninth Circuit |
2019-12-19 |
Denied |
Response WaivedIFP |
coram-nobis Criminal-Conviction criminal-procedure custody custody-status deportation deportation-supervised-release due-process Habeas-Corpus immigration immigration-law supervised-release writ-of-error-coram-nobis |
WHETHER DEPORTATION AUTHOMATICALLY ENDS AN
IMMIGRANTS IMPOSED SUPERVISED RELEASE?
IF COURT WAIVES COURT SUPERVISION UPON DEPORATION
IS ALIEN "IN CU… |
| 19-6990 |
King Bush v. Kannika Say |
Michigan |
2019-12-18 |
Denied |
IFP |
benefits civil-rights confidential-informant criminal-procedure due-process false-documents fourth-amendment fraud green-card immigration immigration-fraud law-enforcement marriage money-laundering probable-cause search-and-seizure |
I want to void marrdige based on immig vation fraud?
Kannika say shewas married to heruncle during the time she was
living withme 8127/2oob, wasmy mar… |
| 19-6908 |
Margarito Olvera-Martinez v. United States |
Fifth Circuit |
2019-12-11 |
GVR |
Relisted (2)IFP |
circuit-split criminal-law due-process federal-sentencing immigration immigration-law reckless-mental-state sentencing statutory-interpretation supreme-court use-of-force |
Whether a statute has as an element the use of force against the person of another when a conviction under that statute can be based on a reckless men… |
| 19-6886 |
Sean M. Donahue v. Superior Court of Pennsylvania, et al. |
Third Circuit |
2019-12-09 |
Denied |
Response WaivedIFP |
constitutional-infirmity coram-nobis equal-rights federal-preemption foreign-policy immigration-law post-conviction-relief |
Q.1 DOES COMMONWEALTH V. DESCARDES, 136 A.3d 493 (Pa. 2016) VIOLATE FEDERAL PREEMPTION IN FOREIGN POLICY AND IMMIGRATION LAW?
Q2. ARE THE FOLLOWING P… |
| 19-6867 |
Jose Luis Maya v. Department of Homeland Security, et al. |
Eleventh Circuit |
2019-12-05 |
Denied |
Response WaivedIFP |
administrative-law asylum civil-procedure civil-rights constitutional-provisions due-process immigration jurisdiction parole standing statutory-provisions |
DID THE STATE OF GEORGIA VIOLATE THE IMMIGRATION AND NATIONALITY ACT BY REFUSING TO DEPORT JOSE LUIS MAYA?
DID THE U.S. DISTRICT COURT FOR THE NORTHE… |
| 19-645 |
Arizona v. Hector Sebastion Nunez-Diaz |
Arizona |
2019-11-19 |
Denied |
Amici (1) |
criminal-procedure deportation immigration immigration-law lee-v-united-states legal-prejudice padilla-claim padilla-v-kentucky prejudice strickland-standard strickland-v-washington unauthorized-alien |
1. Whether Respondent is categorically barred from establishing Strickland prejudice for a Padilla/Lee claim because, as an unauthorized alien, he is … |
| 19-638 |
N. B. D. v. Kentucky Cabinet for Health and Family Services |
Kentucky |
2019-11-18 |
Denied |
CVSGAmici (1)Relisted (2) |
best-interests deportation federal-law homeland-security immigration immigration-law juvenile-protection predicate-findings special-immigrant-juvenile special-immigrant-juvenile-status state-court-jurisdiction state-courts |
Whether federal law requires state courts of competent jurisdiction to make predicate findings for special immigrant juvenile status determinations up… |
| 19-617 |
Nekebwe Superville v. United States |
Second Circuit |
2019-11-14 |
Denied |
Response Waived |
aggravated-felony attorney-misadvice deportation Padilla-v-Kentucky plea-agreement will equivocal-warnings 28-usc-2255 criminal-procedure deportation-consequences immigration ineffective-assistance ineffective-assistance-of-counsel judicial-warning plea-agreement plea-bargaining strickland-standard strickland-v-washington |
When conducting an analysis under 28 U.S.C. § 2255(f) and Strickland v. Washington, will equivocal warnings given by a judge pursuant to Fed. R. Crim.… |
| 19-6588 |
Carlos Javier Pedroza-Rocha v. United States |
Fifth Circuit |
2019-11-12 |
Denied |
IFP |
administrative-remedies collateral-attack due-process hearing-time illegal-reentry immigration-court immigration-court-authority immigration-law jurisdiction jurisdictional-challenge notice-to-appear removal-order removal-proceedings |
Carlos Javier Pedroza-Rocha, like many noncitizen defendants, was ordered removed by an immigration judge after being served a document titled "notice… |
| 19-6503 |
Pedro Jorge Moreno-Garcia v. United States |
Fifth Circuit |
2019-11-06 |
Denied |
Response WaivedIFP |
confrontation-clause deportation fifth-amendment fifth-circuit immigration supreme-court testimonial-hearsay warrant-of-removal |
Is an immigration officer's signature on a warrant of removal attesting that he witnessed the alien depart the United States testimonial hearsay subje… |
| 19-6464 |
Alejandro Garcia-Jacobo v. Marion Feather, Warden |
Ninth Circuit |
2019-10-31 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-convictions due-process habeas-corpus immigration jurisdiction suspension-clause |
Because he is actually innocent, petitioner Alejandro Garcia-Jacobo challenged his convictions for being an alien found in the United States without p… |
| 19-6397 |
Jose Gomez-Aguilar v. United States |
Ninth Circuit |
2019-10-25 |
Denied |
Response WaivedIFP |
aggravated-felony categorical-approach court-of-appeals criminal-law due-process federal-jurisdiction immigration immigration-law statutory-interpretation theft-offense |
Did the court of appeals err in holding that robbery in violation of D.C. Code § 22-2801 categorically qualifies as an aggravated felony theft offense… |
| 19-6402 |
Omar Villarreal Silva v. United States |
Fourth Circuit |
2019-10-25 |
Denied |
Response WaivedIFP |
actual-prejudice collateral-attack criminal-procedure customs-and-border-protection deportation due-process immigration immigration-law prejudice removal-proceedings |
A defendant charged with illegally reentering the United States after deportation or removal has a right under United States v. Mendoza-Lopez, 481 U.S… |
| 19-532 |
United States v. California, et al. |
Ninth Circuit |
2019-10-23 |
Denied |
Amici (3)Relisted (14) |
anti-commandeering civil-rights federal-law federal-preemption immigration immigration-enforcement immigration-law information-sharing intergovernmental-immunity preemption sb-54 state-enforcement state-law |
Whether provisions of California law that, with certain limited exceptions, prohibit state law-enforcement officials from providing federal immigratio… |
| 19-6353 |
Bekir Buluc, aka Celebi Buluc, aka Bekir Celibi v. United States |
Fifth Circuit |
2019-10-23 |
Denied |
Response WaivedIFP |
criminal-law criminal-penalties deportation due-process immigration immigration-law residual-clause rule-of-lenity statutory-construction statutory-interpretation |
Whether the general, residual phrase "takes any other action" in 8 U.S.C. § 1253(a)(1)(C) must be interpreted to embrace only actions like those in th… |
| 19-6334 |
Ignacio Arellano-Banuelos v. United States |
Fifth Circuit |
2019-10-22 |
Denied |
Response WaivedIFP |
burden-of-proof circuit-split criminal-law due-process federal-jurisdiction illegal-entry immigration-law jurisdiction removal-proceedings statutory-interpretation |
Whether an alien may be "found" within the meaning of 8 U.S.C. §1326 before immigration authorities achieve actual knowledge of his or her actual pres… |
| 19-6305 |
Ilma Alexandra Soriano Nunez v. United States |
Third Circuit |
2019-10-18 |
Denied |
Response WaivedIFP |
bail-bond bail-release civil-rights criminal-procedure custody due-process immigration immigration-detention immigration-orders non-citizen release statutory-period unsecured-bail |
Whether a non-citizen defendant, granted unsecured bail, whom immigration officials have failed to take into custody during the statutory 10-day perio… |
| 19-491 |
Nilesh Bharatkumar Kumar v. United States |
Ninth Circuit |
2019-10-17 |
Denied |
Response Waived |
criminal-procedure hill-v-lockhart immigration-law ineffective-assistance ineffective-assistance-of-counsel legal-resident plea-agreement plea-bargaining prejudice-analysis strickland-standard strickland-v-washington |
To establish prejudice under Strickland v. Washington, 466 U.S. 668 (1984), a defendant who has pleaded guilty based on deficient advice from his atto… |
| 19-6297 |
Aleisha O. Gray v. United States |
Fifth Circuit |
2019-10-17 |
Denied |
Response WaivedIFP |
alien-transportation conspiracy criminal-law criminal-procedure evidence immigration immigration-law obstruction-of-justice sentencing-guidelines sufficiency-of-evidence |
I.
Is there insufficient evidence to warrant a finding of guilty for conspiracy to
transport undocumented aliens and for transporting undocumented ali… |
| 19-438 |
Clemente Avelino Pereida v. Robert M. Wilkinson, Acting Attorney General |
Eighth Circuit |
2019-10-02 |
Judgment Issued |
Amici (5) |
ambiguous-record burden-of-proof categorical-approach circuit-split conviction-record federal-offense immigration-law modified-categorical-approach noncitizen-status removal-proceedings statutory-interpretation |
Whether a criminal conviction bars a noncitizen from applying for relief from removal when the record of conviction is merely ambiguous as to whether … |
| 19-415 |
Oscar Ernesto Melendez v. Kevin K. McAleenan, Acting Secretary of Homeland Security, et al. |
Fifth Circuit |
2019-09-27 |
Denied |
Response Waived |
8-usc-1255 adjustment-of-status circuit-court-split circuit-split immigration-law lawful-admission national-importance statutory-interpretation temporary-protected-status |
Whether a grant of TPS to an alien by the U.S. Citizenship and Immigration Services ("USCIS") constitutes a lawful admission into the United States fo… |
| 19-6088 |
Julian Madero-Diaz v. United States |
Ninth Circuit |
2019-09-27 |
Denied |
Response WaivedIFP |
citizenship citizenship-classification citizenship-laws constitutional-challenge criminal-procedure due-process equal-protection illegal-reentry immigration morales-santana morales-santana-precedent severability standing statutory-interpretation |
Whether the decision below conflicts with the Court's instruction in Sessions v. Morales-Santana, 137 S. Ct. 1678, 1699 n.24 (2017), that a defendant … |
| 19-6055 |
Edwin Ricardo Flores v. United States |
Ninth Circuit |
2019-09-25 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
aggravated-felony chevron-deference circuit-split criminal-law criminal-procedure ex-post-facto immigration immigration-law separation-of-powers statutory-interpretation theft-offense |
I. Does a "theft offense (including receipt of stolen property)" under § 1101(a)(43)(G) require a taking of property without consent?
II. May courts … |
| 19-6025 |
Javier Segovia-Lopez v. United States |
Fifth Circuit |
2019-09-24 |
GVR |
Relisted (3)IFP |
circuit-split criminal-law criminal-statute due-process federal-sentencing force force-against-person immigration-law mens-rea mental-state reckless-conduct reckless-mental-state recklessness statutory-interpretation use-of-force |
Whether a statute has as an element the use of force against the person of another when a conviction under that statute can be based on a reckless men… |
| 19-6011 |
John Robert Demos v. United States, et al. |
District of Columbia |
2019-09-20 |
Closed |
IFP |
civil-rights due-process foreign-nationals foreign-policy immigration jurisdiction protected-persons standing statutory-provisions |
1. DOES THE U.S. SUPREME COURT TAVE "CRIGiNAI JURISdICTION" IN CASES INVOVING ARENS, FOREIGNERS, NATIONAIS, I SUGJECTS ? |
| 19-5835 |
Josue Martinez-Hernandez and Oscar Carcamo-Soto v. United States |
Ninth Circuit |
2019-09-05 |
Denied |
Response WaivedIFP |
8-usc-1101 california-penal-code categorical-approach criminal-law deportation-grounds immigration-law statutory-interpretation theft-offense |
Does a conviction under California Penal Code § 211 categorically qualify as a generic "theft" offense for purposes of 8 U.S.C. § 1101(a)(43)(G)? |
| 19-294 |
Usama Jamil Hamama, et al. v. Rebecca Adducci, et al. |
Sixth Circuit |
2019-09-04 |
Denied |
Relisted (2) |
country-conditions deportation detention due-process ethnic-minorities immigration-court immigration-law removal-orders removal-proceedings suspension-clause torture torture-convention torture-protection |
Petitioners are Iraqis with final orders of removal who lived for years or decades in the United States under orders of supervision, because Iraq woul… |
| 19-5763 |
Jose Lara-Garcia v. United States |
Fifth Circuit |
2019-08-30 |
GVR |
Relisted (4)IFP |
circuit-split criminal-law federal-law federal-sentencing immigration immigration-law mens-rea reckless-mental-state recklessness sentencing statutory-interpretation use-of-force |
Whether a statute has as an element the use of force against the person of another when a conviction under that statute can be based on a reckless men… |
| 19-5571 |
Carlos Eloy Garcia-Garcia v. United States |
Fifth Circuit |
2019-08-14 |
Denied |
Response WaivedIFP |
administrative-law administrative-procedure burden-of-proof criminal-law deportation due-process federal-criminal-law illegal-reentry immigration-law jurisdiction statutory-interpretation |
Whether an alien may be "found" within the meaning of 8 U.S.C. §1326 before immigration authorities achieve actual knowledge of his or her actual pres… |
| 19-5472 |
Martin Avalos-Rico, aka Rolando Blanco-Garcia, aka Oscar Cruz-Tulum, aka Alejandro Tamayo v. United States |
Eighth Circuit |
2019-08-06 |
Denied |
Response WaivedIFP |
circuit-split deportable-offender due-process geographic-disparity immigration immigration-sentencing reentry-offense sentencing-discretion sentencing-guidelines sentencing-reform-act supervised-release |
1. Whether a district court that imposes supervised release on a deportable offender must specifically tie it to a need for deterrence or protection, … |
| 19-161 |
Department of Homeland Security, et al. v. Vijayakumar Thuraissigiam |
Ninth Circuit |
2019-08-05 |
Judgment Issued |
Amici (12)Relisted (2) |
administrative-law constitutional-challenge due-process expedited-removal habeas-corpus immigration-law judicial-review suspension-clause |
Respondent is an inadmissible alien who was apprehended almost immediately after illegally crossing the U.S. border and was placed into expedited remo… |
| 19-5325 |
Alan Victor Gomez Gomez v. United States |
Fifth Circuit |
2019-07-25 |
GVR |
Response RequestedResponse WaivedRelisted (5)IFP |
circuit-split criminal-law criminal-statute federal-jurisdiction federal-procedure force-element immigration-law mens-rea reckless-mental-state sentencing sentencing-law statutory-interpretation |
Whether a statute has as an element the use of force against the person of another when a conviction under that statute can be based on a reckless men… |
| 19-67 |
United States v. Evelyn Sineneng-Smith |
Ninth Circuit |
2019-07-12 |
Judgment Issued |
Amici (11) |
civil-rights commercial-activity constitutional-challenge criminal-law criminal-statute facial-challenge financial-gain first-amendment free-speech immigration immigration-law ninth-circuit statutory-interpretation |
Whether the federal criminal prohibition against encouraging or inducing illegal immigration for commercial advantage or private financial gain, in vi… |
| 19-28 |
Kenneth Daniels v. United States |
Third Circuit |
2019-07-02 |
Denied |
Relisted (2) |
aggravated-felony armed-career-criminal-act attempt controlled-substances-act criminal-attempt drug-distribution immigration-and-nationality-act immigration-law solicitation uniform-administration |
The Controlled Substances Act (CSA) makes it a crime to "distribute * * * a controlled substance." 21 U.S.C. 841(a). The Act includes an "attempt" to … |
| 19-5005 |
Ahmadou Sankara v. William P. Barr, Attorney General |
Second Circuit |
2019-06-28 |
Denied |
Response WaivedRelisted (2)IFP |
administrative-review asylum-application burden-of-proof cardoza-fonseca country-conditions immigration-law persecution political-persecution reasonable-possibility well-founded-fear |
In order to establish a "well-founded fear" of persecution, an asylum applicant need only show a reasonable possibility that she or he will be persecu… |
| 18-1593 |
Jose Gracia-Cantu v. United States |
Fifth Circuit |
2019-06-27 |
Denied |
Response Waived |
aggravated-felony circuit-split collateral-consequences crime-of-violence criminal-law-sentencing criminal-sentencing due-process immigration immigration-consequences mootness retroactivity sentencing-guidelines statutory-interpretation |
1. Whether the Court of Appeals for the Fifth Circuit erred as a matter of law in holding that Petitioner's conviction for unlawful entry warranted an… |
| 18-9778 |
Xue Jie He v. Office of the New York City Comptroller |
Second Circuit |
2019-06-25 |
Denied |
Response WaivedIFP |
42-usc-1985 civil-rights conspiracy discrimination due-process equal-protection immigration national-origin-discrimination racial-discrimination racial-discrimination-act |
1. US visa: 0187, legal short-term stay , Personal Injury , can Petitioner get The Equal Protection Clause Of The Fourteenth Amendment to the United S… |
| 18-9783 |
Nasser Ghelichkhani v. United States |
Eleventh Circuit |
2019-06-25 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-validity coram-nobis criminal-procedure double-jeopardy due-process fundamental-error fundamental-rights guilty-plea immigration immigration-consequences plea-bargaining |
1-Whether a conviction, with tremendous adverse consequences, is constitutionally valid, when it is obtained through a plea (that does not waive appea… |
| 18A1337 |
Usama Jamil Hamama, et al. v. Rebecca Adducci, et al. |
Sixth Circuit |
2019-06-19 |
Presumed Complete |
|
convention-against-torture due-process habeas-corpus immigration-law judicial-jurisdiction removal-proceedings |
Question not identified. |
| 18-9687 |
Candelario Lucio-Garza v. United States |
Fifth Circuit |
2019-06-17 |
Denied |
IFP |
attempted-crime attempted-reentry circuit-conflict criminal-law federal-jurisdiction immigration mens-rea specific-intent united-states-v-resendiz-ponce |
Does the crime of attempted illegal reentry incorporate the common-law mens rea of a specific intent to commit the completed offense? |
| 18-9633 |
Manuel Gonzalez-Reyes v. William P. Barr, Attorney General |
Second Circuit |
2019-06-12 |
Denied |
Response WaivedIFP |
citizenship citizenship-status constitutional-challenge constitutional-law due-process equal-protection gender-discrimination immigration marital-status morales-santana-precedent statutory-interpretation |
(1) Will the distinction drawn within the former Section 1432(a)(3), based on marital status and the gender of his father violate the equal protection… |
| 18-9618 |
Rafael Mata-Jimenez v. United States |
Ninth Circuit |
2019-06-11 |
Denied |
Response WaivedIFP |
ambiguous-record burden-of-proof categorical-approach deportation immigration-law modified-categorical-approach noncitizen-status record-of-conviction relief-from-removal removal-proceedings |
Whether a criminal conviction bars a noncitizen from applying for relief from removal when the record of conviction is merely ambiguous as to whether … |
| 18-1517 |
Mehrdad Hosseini v. Kevin McAleenan, Acting Secretary of Homeland Security, et al. |
Sixth Circuit |
2019-06-07 |
Denied |
Response Waived |
administrative-procedure administrative-procedures-act civil-rights first-amendment free-speech immigration immigration-law material-support national-security overbreadth political-advocacy standing terrorism tier-iii-terrorist-organization |
I. Whether an individual's non-violent,
independent political advocacy—that was not
affiliated with any foreign material support for
terrorism under t… |
| 18-9490 |
Daniel George Brown v. United States |
Third Circuit |
2019-05-30 |
Denied |
Response WaivedRelisted (2)IFP |
6th-amendment criminal-prosecution deportation illegal-reentry immigration-law right-to-counsel sixth-amendment |
Whether an alien's Sixth Amendment right to counsel is violated in a criminal prosecution for illegal reentry following deportation, where the United … |
| 18-1469 |
Department of Homeland Security, et al. v. Casa de Maryland, et al. |
Fourth Circuit |
2019-05-24 |
Denied |
Amici (1)Relisted (3) |
administrative-law administrative-procedure-act agency-action agency-discretion deferred-action dhs-policy executive-discretion immigration immigration-enforcement immigration-law judicial-review policy-rescission standing |
1. Whether DHS's decision to wind down the DACA policy is judicially reviewable.
2. Whether DHS's decision to wind down the DACA policy is lawful. |
| 18-1432 |
Nidal Khalid Nasrallah v. William P. Barr, Attorney General |
Eleventh Circuit |
2019-05-15 |
Judgment Issued |
Amici (3)Relisted (2) |
administrative-law administrative-review asylum deportation due-process immigration-law jurisdiction statutory-interpretation torture-convention withholding-of-removal |
Whether, notwithstanding Section 1252(a)(2)(C), the courts of appeals possess jurisdiction to review factual findings underlying denials of withholdin… |
| 18-1385 |
Ruben Delhorno v. United States |
Seventh Circuit |
2019-05-03 |
Denied |
Response Waived |
coram-nobis criminal-procedure deportation-consequences habeas-corpus immigration immigration-consequences immigration-proceedings ineffective-assistance ineffective-assistance-of-counsel padilla-v-kentucky padilla-waiver sixth-amendment writ-of-error-coram-nobis |
In Padilla v. Kentucky, 559 U.S. 356 (2010), this Court held that the Sixth Amendment imposes on attorneys representing non-citizen criminal defendant… |
| 18-9092 |
Juan Lopez-Hernandez v. United States |
Ninth Circuit |
2019-05-02 |
Denied |
Response WaivedIFP |
aggravated-felony categorical-approach civil-rights crime-of-violence criminal-procedure due-process elements-of-state-statute immigration permanent-resident removal-order state-court-decisions statutory-interpretation |
Whether federal courts applying the categorical approach must rely on state court decisions that establish the elements of state court statute of conv… |
| 18-1350 |
Maria S., as Next Friend for E. H. F. and S. H. F., Minors, and A. S. G. v. Ramiro Garza |
Fifth Circuit |
2019-04-29 |
Denied |
Response RequestedResponse WaivedRelisted (3) |
bivens border-protection civil-procedure civil-rights due-process federal-tort immigration qualified-immunity retaliation standing wrongful-death |
Did the Court of Appeals for the Fifth Circuit improperly weigh evidence and fail to draw factual inferences in favor of the nonmoving party when it d… |
| 18-8964 |
Artemio Miranda-Manuel v. United States |
Fifth Circuit |
2019-04-23 |
Denied |
Response WaivedIFP |
8-usc-1326 almendarez-torres apprendi criminal-procedure due-process immigration indictment prior-conviction sentencing |
1. Whether this Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of… |
| 18-8823 |
Omer Al Obaidy v. Kevin K. McAleenan, Acting Secretary of Homeland Security, et al. |
Eighth Circuit |
2019-04-15 |
Denied |
Response WaivedIFP |
10th-amendment 4th-amendment 5th-amendment 6th-amendment civil-rights due-process false-arrest fifth-amendment fourth-amendment immigration immigration-removal self-incrimination sixth-amendment tenth-amendment unlawful-seizure |
1) dose petitioner who have lived in the U.S. for period of 14 years with proof of education and clear record of any criminal or misdemeanor charges d… |
| 18-8795 |
Luis Alberto Armendariz-Chavez v. United States |
Fifth Circuit |
2019-04-11 |
Denied |
Response WaivedIFP |
confrontation-clause due-process fifth-circuit immigration immigration-law removal testimonial testimonial-evidence warrant warrant-of-removal |
Whether an immigration officer's warrant of removal is testimonial for purposes of the Confrontation Clause? |
| 18-8697 |
Frederick H. Banks v. Pennymac Holdings, LLC, fka Pennymac Mortgage Investment Trust Holdings I, LLC |
Pennsylvania |
2019-04-04 |
Denied |
IFP |
civil-procedure document-submission due-process electronic-filing fifth-amendment immigration institutional-barriers judicial-access land-use pacer prisoner-litigation privacy privacy-policy property-rights regulatory-takings social-security takings |
Question not identified. |
| 18-8501 |
Mohammed Bah v. United States |
Eleventh Circuit |
2019-03-21 |
Denied |
Response WaivedIFP |
constitutional-law deportation-consequences guilty-plea immigrant-rights immigration ineffective-assistance ineffective-assistance-of-counsel lee-v-united-states prejudice |
1. Does an analysis of prejudice in the context of ineffective assistance of counsel involving the guilty plea of an immigrant result in a unreasonabl… |
| 18-7773 |
Jose Jorge Espinoza-Mendoza v. United States |
Fifth Circuit |
2019-02-05 |
Denied |
Response WaivedIFP |
alien-smuggling appellate-review criminal-appeal criminal-law criminal-procedure due-process fifth-circuit-review guidelines-interpretation immigration risk-assessment sentencing-enhancement standard-of-review stare-decisis statutory-interpretation |
Petitioner, Jose Jorge Espinoza-Mendoza, pleaded guilty to, and was convicted of, the federal offense of conspiring to harbor undocumented aliens. The… |
| 18-7550 |
Marbin Rene Reyes-Ruiz v. United States |
Ninth Circuit |
2019-01-25 |
Denied |
Response WaivedIFP |
administrative-law court-of-appeals due-process due-process,civil-procedure,standing,immigration,r error-correction fundamental-fairness immigration-law immigration-status judicial-review legal-error procedural-due-process removal-proceedings unlawful-status |
This petition presents a request for error correction. The Ninth Circuit held that the entry of a prior administrative-removal order against Petitione… |
| 18-930 |
David Brandon v. Sarah Brandon |
California |
2019-01-17 |
Denied |
Relisted (2) |
annulment annulment-basis civil-rights domestic-relations due-process federal-immigration-law federal-state-relations fraud immigration immigration-marriage-fraud marriage marriage-fraud state-domestic-relations state-marriage-law |
California Family Code Section 2210(d) generally provides that an annulment based on fraud may be had in extreme cases where the particular fraud goes… |
| 18-7452 |
Herminio Garcia-Carillo v. United States |
Ninth Circuit |
2019-01-16 |
Denied |
Response WaivedIFP |
criminal-procedure due-process due-process,equal-protection,immigration,prejudice equal-protection fair-trial free-speech immigration immigration-bias impartiality jury-selection prejudice voir-dire |
Whether the district court abused its discretion in rejecting Garcia's proposed voir dire questions regarding potential racial and ethnic bias against… |
| 18-7306 |
Michael Martin Steele v. United States |
Ninth Circuit |
2019-01-09 |
Denied |
Response WaivedIFP |
aggravated-felony criminal-law criminal-mental-state due-process immigration immigration-law mens-rea statutory-interpretation strict-liability united-states-v-x-citement-video |
Did the Ninth and Eleventh Circuits misconstrue the mens-rea requirements of 8 U.S.C. § 1101(a)(43)(B), when they created an aggravated felony for "il… |
| 18-846 |
David Allen Anderton v. United States |
Fifth Circuit |
2019-01-04 |
Denied |
Response Waived |
criminal-statute due-process first-amendment freedom-of-speech immigration-law overbreadth separation-of-powers statutory-interpretation vagueness |
Whether to "encourage" or "induce" an alien to come to, enter, or reside in the United States in reckless disregard of the alien's "in violation of la… |
| 18-7213 |
Akash Dixit v. Christopher Brasher, Judge, Superior Court of Georgia, Atlanta Judicial Circuit |
Georgia |
2019-01-03 |
Denied |
Relisted (2)IFP |
appellate-procedure attorney civil-rights divorce-proceeding due-process family fraud immigration immigration-status international-jurisdiction judicial-jurisdiction judicial-misconduct service-of-process standing unethical visa void-judgment |
If the unethical conduct by a presiding judge is brought to the notice of the appellate courts, should they appellate courts disregard the unethical c… |
| 18-7103 |
Rene Garcia-Montejo, aka Bibian Garcia-Montejo v. United States |
Fifth Circuit |
2018-12-19 |
Denied |
Response WaivedIFP |
constitutional-law criminal-law due-process found-in-doctrine illegal-entry immigration-authorities immigration-law official-restraint official-restraint-doctrine statutory-interpretation surveillance |
1. Whether the "official restraint" doctrine precludes the possibility that that a defendant can be illegally "found in" the United States, for purpos… |
| 18-776 |
Pedro Pablo Guerrero-Lasprilla v. William P. Barr, Attorney General |
Fifth Circuit |
2018-12-19 |
Judgment Issued |
Amici (1)Relisted (2) |
agency-decision criminal-alien-bar diligence-standard due-process equitable-tolling immigration-law judicial-review removability statutory-deadline statutory-interpretation |
1. Whether the application of a legal standard to an undisputed set of facts is a question of law, or a pure question of fact that may be barred from … |
| 18-731 |
Stefany Vega Duron, a Minor, et al. v. Ron Johnson, et al. |
Fifth Circuit |
2018-12-07 |
Denied |
Response Waived |
administrative-remedy constitutional-rights fifth-amendment first-amendment iirira immigration immigration-law judicial-review selective-prosecution |
I.
Is there an administrative remedy in the immigration courts to decide American citizens' claims of a
violation of their First and Fifth Amendment c… |
| 18-6590 |
Salah Mohamed v. United States |
Fourth Circuit |
2018-11-07 |
Denied |
Response WaivedIFP |
abuse-of-discretion aggravating-factor due-process escape flight-risk immigration naturalization naturalized-defendant sentencing-discretion sentencing-guidelines statutory-maximum |
Does a court abuse its discretion under the United States Sentencing Guidelines by sentencing a naturalized defendant more than three times above his … |
| 18-587 |
Department of Homeland Security, et al. v. Regents of the University of California, et al. |
Ninth Circuit |
2018-11-05 |
Judgment Issued |
Amici (5)Relisted (5) |
administrative-law administrative-procedure-act administrative-procedure-act-apa deferred-action-for-childhood-arrivals-daca department-of-homeland-security-dhs dhs-policy due-process equal-protection executive-power immigration immigration-enforcement immigration-law judicial-review standing |
1. Whether DHS's decision to wind down the DACA policy is judicially reviewable.
2. Whether DHS's decision to wind down the DACA policy is lawful. |
| 18-588 |
Donald J. Trump, President of the United States, et al. v. National Association for the Advancement of Colored People, et al. |
District of Columbia |
2018-11-05 |
Judgment Issued |
Relisted (5) |
administrative-law administrative-law-review administrative-procedure-act agency-action deferred-action due-process equal-protection executive-discretion executive-power homeland-security immigration immigration-policy judicial-review standing |
1. Whether DHS's decision to wind down the DACA policy is judicially reviewable.
2. Whether DHS's decision to wind down the DACA policy is lawful. |
| 18-589 |
Chad Wolf, Acting Secretary of Homeland Security, et al. v. Martin Jonathan Batalla Vidal, et al. |
Second Circuit |
2018-11-05 |
Judgment Issued |
Relisted (5) |
administrative-law administrative-procedure agency-discretion daca-policy deferred-action due-process executive-action executive-power homeland-security immigration immigration-law judicial-review separation-of-powers standing |
1. Whether DHS's decision to wind down the DACA policy is judicially reviewable.
2. Whether DHS's decision to wind down the DACA policy is lawful. |
| 18-6453 |
Celestine G. Thompson v. Kirstjen Nielson, Secretary of Homeland Security |
Eleventh Circuit |
2018-10-26 |
Denied |
Response WaivedIFP |
administrative-procedure civil-procedure civil-rights due-process free-speech immigration retaliation standing whistleblower |
Were DHS-ICE Officials in Plan With Criminal and other indiviauals t0 * Streamline Appellant's Career toan 2U3
2. Were DHS-ICE officials ParT of Mass… |
| 18-6342 |
Jaime Rene Lopez-Vaal v. United States |
Ninth Circuit |
2018-10-16 |
Denied |
Response WaivedIFP |
accomplice-liability aggravated-felony criminal-law criminal-procedure due-process equal-protection federal-sentencing immigration immigration-law ninth-circuit-review sentencing statutory-interpretation void-for-vagueness |
Whether Section 1326(b), which does not define "misdemeanors involving drugs or violence against the person," "felony," or "aggravated felony," is unc… |
| 18-6322 |
Gabino Medina Osorio v. United States |
Fifth Circuit |
2018-10-15 |
Denied |
Response WaivedIFP |
8-usc-1101 criminal-law due-process illegal-reentry immigration immigration-law sentencing-guidelines statutory-interpretation vagueness vagueness-doctrine |
Can a statute that this Court has held to be unconstitutionally void for vagueness nevertheless still be applied when incorporated by reference into t… |
| 18-461 |
Raquel Hinojosa, et al. v. Petra Horn, et al. |
Fifth Circuit |
2018-10-12 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
administrative-exhaustion administrative-procedure-act citizenship-claim due-process immigration judicial-review passport passport-denial rusk-v-cort standing |
Whether 8 U.S.C. §§1503(b)-(c) preempts judicial review under the Administrative Procedure Act of the denial or revocation of a passport for a United … |
| 18-6187 |
Antonio Martinez-Lopez v. United States |
Sixth Circuit |
2018-10-03 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
18-usc-1425 acquisition-of-citizenship citizenship-application criminal-statute false-statement immigration-law judicial-interpretation maslenjak-v-us naturalization naturalization-fraud revocation-of-citizenship |
1) Did the appeals court err affirming petitioner's conviction for unlawful procurement of naturalization pursuant citizenship application when the Su… |
| 18-6205 |
Eliseo Guevara-Guevara v. United States |
Fifth Circuit |
2018-10-03 |
Denied |
Response WaivedIFP |
alleyne-rule alleyne-v-united-states almendarez-torres almendarez-torres-v-united-states apprendi-rule apprendi-v-new-jersey criminal-procedure due-process enhanced-punishment immigration-law indictment judicial-precedent prior-conviction sentencing |
Whether a prior conviction must be alleged in the indictment before a defendant is subjected to enhanced punishment under 8 U.S.C. § 1326(b), thereby … |
| 18-5835 |
Juan Fernando Lizarraga-Leyva v. United States |
Ninth Circuit |
2018-08-30 |
Denied |
Response WaivedIFP |
aggravated-felony controlled-substance deportation drug-trafficking drug-trafficking-crime illicit-trafficking immigration-law immigration-nationality-act mens-rea state-law statutory-interpretation |
Under the Immigration and Nationality Act, a noncitizen is subject to mandatory removal if convicted of an "aggravated felony." The list of aggravated… |
| 18-5706 |
Hugo Islas-Hernandez v. United States |
Ninth Circuit |
2018-08-22 |
Denied |
Response WaivedIFP |
8-cfr-100.4 8-cfr-100.4(a) 8-usc-1325 8-usc-1325(a)(1) administrative-law administrative-regulation entry federal-code geographic-designation immigration immigration-law port-of-entry statutory-interpretation |
Whether immigration officials "designate[d]" geographic areas or physical port facilities for "entry" in 8 C.F.R. § 100.4(a) for purposes of 8 U.S.C. … |
| 18-5684 |
Alejandro Verduzco-Rangel v. United States |
Ninth Circuit |
2018-08-21 |
Denied |
Response WaivedIFP |
aggravated-felony controlled-substance deportation drug-trafficking immigration-law immigration-nationality-act mens-rea statutory-interpretation |
Under the Immigration and Nationality Act, a noncitizen is subject to mandatory removal if convicted of an "aggravated felony." The list of aggravated… |
| 18-5642 |
Miroslav Fejfar v. United States |
Ninth Circuit |
2018-08-17 |
Denied |
Response WaivedIFP |
animal-sci-prod-v-hebei-welcome-pharm asylum civil-rights criminal-procedure due-process extradition foreign-criminal-procedure foreign-law immigration statutory-interpretation withholding-of-removal |
Whether the plain language of the relevant statutes and the Due Process
Clause prohibit extradition of an alien who has claimed in immigration court
… |
| 18-5532 |
Galindo Jose Ruiz-Hernandez v. United States |
Fifth Circuit |
2018-08-13 |
Denied |
Response WaivedIFP |
alien-smuggling bodily-injury causation causation-standard criminal-procedure criminal-sentencing due-process foreseeability immigration mens-rea reasonable-foreseeability sentencing-enhancement sentencing-enhancements sentencing-guidelines standard-of-review |
Petitioner, GALINDO JOSE RUIZ-HERNANDEZ, was tried and convicted of transporting undocumented aliens within the United States. The District Court adde… |
| 18-5550 |
Mario Lopez-Pacheco v. United States |
Ninth Circuit |
2018-08-10 |
Denied |
Response WaivedIFP |
administrative-law civil-procedure civil-rights due-process executive-power immigration immigration-review judicial-discretion mendoza-lopez-standard noncitizen-rights prejudice standing statutory-interpretation |
In United States v. Mendoza-Lopez, 481 U.S. 828 (1987), this Court held that a defendant may not be convicted of illegal reentry after a prior order o… |
| 18-184 |
John Ayanbadejo v. Mark Siegl, et al. |
Fifth Circuit |
2018-08-09 |
Denied |
Response Waived |
abuse-of-discretion administrative-law appellate-court appellate-review civil-procedure court-procedure district-court due-process immigration judicial-proceedings legal-standard mootness procedural-error standing |
Whether the Lower Appellate Court departed from the accepted and usual course of judicial proceedings, and/or sanctioned such a departure by the U.S. … |
| 18-5423 |
Seungjin Kim v. United States Customs and Border Protection |
District of Columbia |
2018-08-02 |
Denied |
Response WaivedIFP |
asylum asylum-seekers border-entry constitutional-law criminal-activity detention detention-conditions due-process equal-protection immigration-detention immigration-law presidential-authority presidential-powers visa-restrictions |
Whether under 8 U.S.C. §1225(b)(1)(B)(ii), inadmissible aliens who are Asylum Seekers include immigrant victim who is not an applicant for, or is not … |
| 18-5322 |
Santiago Hum Rodriguez-Aparicio v. United States |
Fifth Circuit |
2018-07-25 |
Denied |
IFP |
criminal-procedure discretionary-relief due-process fundamental-fairness illegal-reentry immigration immigration-law mendoza-lopez removal-order removal-proceeding uniformity |
Whether the failure to inform an alien of his eligibility for discretionary relief in a removal proceeding is a due process violation that can make th… |
| 18-5204 |
Jose Luis Morales v. United States |
Fifth Circuit |
2018-07-11 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility criminal-procedure due-process enhancement evidence fact-finding immigration immigration-law judicial-error sentencing sentencing-enhancement sentencing-guidelines statutory-interpretation undocumented-aliens |
WHETHER THE LOWER COURT ERRORED BY DENYING THE RELIEF UNDER SECTION 3E1:1 FOR ACCEPTANCE OF RESPONSIBILITY ?
WHETHER THE LOWER COURT ERRORED IN ENHAN… |
| 18-5170 |
Ijaz Khan v. United States |
Fourth Circuit |
2018-07-10 |
Denied |
Response WaivedIFP |
administrative-law agency-determination citizenship-and-naturalization-fraud citizenship-status due-process evidence evidence-standard fraud immigration immigration-law jurisdiction legal-review marriage naturalization naturalization-fraud standing statutory-interpretation |
1. Whether there was evidence presented at trial that petitioner was lawfully signed to Shabsan before he became Naturalized?
2. Whether an authorize… |
| 18-5190 |
Marco Antonio Garcia-Echaverria v. United States |
Fifth Circuit |
2018-07-10 |
Denied |
IFP |
circuit-split constitutional-rights deportation discretionary-relief due-process immigration-law removal-proceedings right-to-counsel |
Whether the decision of the United States Court of Appeals for the Fifth Circuit—that a non-citizen has no constitutional right to be informed of the … |
| 18-5191 |
Jose Paniagua-Paniagua v. United States |
Ninth Circuit |
2018-07-10 |
Denied |
IFP |
circuit-split collateral-review criminal-conviction criminal-convictions due-process fundamental-fairness immigration-law removal-order removal-proceedings retroactivity statutory-interpretation |
Whether a court reviewing the fundamental fairness of a prior removal order under 8 U.S.C. § 1326(D) can consider the current understanding of the nat… |
| 18-5197 |
Akash Dixit v. Tanya Singh Dixit |
Georgia |
2018-07-10 |
Denied |
Relisted (2)IFP |
child-abduction divorce-jurisdiction federal-law federal-preemption foreign-nationals hague-convention hague-convention-on-child-abduction immigration immigration-status international-child-abduction international-law jurisdictional-limits state-court-jurisdiction treaty-interpretation |
1. Did the state court of last resort err in ignoring/condoning illegal retention of a foreign-citizen-child by the Respondent in the US, putting the … |
| 18-5171 |
Erick Rolando Lopez-Mendez v. United States |
Fifth Circuit |
2018-07-09 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing due-process empirical-basis federal-sentencing illegal-reentry immigration presumption-of-reasonableness sentencing-guidelines |
Whether a sentence produced by the former illegal-reentry guideline, §2L1.2, is entitled to a presumption of reasonableness on appeal. |
| 18-5173 |
Wilberth Medina Garcia v. United States |
Fifth Circuit |
2018-07-09 |
Denied |
Response WaivedIFP |
confrontation-clause criminal-procedure deportation due-process evidence-law hearsay immigration immigration-law sixth-amendment testimonial-evidence testimonial-hearsay |
1. Whether an immigration officer's formalized statements relating the fact of an alien's removal constitute testimonial hearsay for the purposes of a… |
| 18-5129 |
Rodolfo Trejo v. United States |
Sixth Circuit |
2018-07-06 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing double-counting due-process eighth-amendment equal-protection immigration sentencing sentencing-disparity sentencing-guidelines statutory-interpretation substantive-reasonableness |
I.- Whether Petitioner's Sentence Constitutes Impermissible Double Counting.
Whether Petitioner's Sentence is Substantively Unreasonable Under the th… |
| 18-5036 |
Jerome Aristedes Martinez v. United States |
Fifth Circuit |
2018-06-29 |
Denied |
IFP |
circuit-split criminal-law general-intent illegal-reentry immigration immigration-law mens-rea specific-intent statutory-interpretation supreme-court-precedent |
In the United States v. Resendiz-Ponce, 549 U.S. 102 (2007), the Supreme Court made it clear, in dicta, that attempted illegal reentry is a specific i… |