illegal-reentry
46 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25A391 | Andis Noe Cortez-Zepeda v. United States | Fifth Circuit | 2025-10-03 | Presumed Complete | 8-usc-1326 aggravated-felony circuit-split deportation expedited-removal illegal-reentry | Question not identified. | |
| 24-6200 | Carlos Guadalupe Sanchez-Felix v. United States | Tenth Circuit | 2024-12-26 | Denied | Response WaivedIFP | constitutional-law due-process fifth-amendment illegal-reentry racial-discrimination statutory-interpretation | Must a court considering the reenactment of a provision that was originally adopted for a racially discriminatory purpose give meaningful consideratio… |
| 24-5026 | Claudio Alvarez Rodriguez v. United States | Fourth Circuit | 2024-07-09 | Denied | Response WaivedIFP | 8-usc-1326 constitutional-law discriminatory-effect discriminatory-purpose equal-protection fifth-amendment illegal-reentry racial-discrimination statutory-interpretation | Whether the illegal re-entry statute, 8 U.S.C. § 1326, violates the equal protection guarantee of the Fifth Amendment because the law was enacted with… |
| 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… |
| 22-6479 | 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… |
| 21-7762 | Jesus Leonardo Castillo-Martinez v. United States | First Circuit | 2022-05-03 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | 8-usc-1326d administrative-exhaustion collateral-challenge deportation-order illegal-reentry immigration-removal ineffective-assistance ineffective-assistance-of-counsel judicial-review notice-to-appear | 1. Whether counsel's failure to raise a controlling issue pending in this Court in immigration removal proceedings constitutes ineffective assistance … |
| 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? |
| 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 … |
| 20-7501 | 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… |
| 20-7109 | Raul Flores-Villalvaso v. United States | Ninth Circuit | 2021-02-10 | Denied | Response WaivedIFP | criminal-history criminal-procedure due-process illegal-reentry mens-rea sentencing sentencing-guidelines specific-intent | Whether the 8 U.S.C. § 1326 Attempted Illegal Reentry mens rea element of "specific intent" can be restated as simply "a conscious desire" with no ref… |
| 20-6921 | Elier Isai Marquez-Gonzalez v. United States | Fifth Circuit | 2021-01-26 | Denied | Response WaivedIFP | appellate-review criminal-procedure empirical-basis fifth-circuit illegal-reentry presumption-of-reasonableness sentencing-guidelines | Whether a presumption of reasonableness on appeal does not apply to a sentence produced by the illegal reentry guideline, §2L1.2, because that guideli… |
| 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. |
| 20-6794 | Oscar Guevara Salamanca v. United States | Sixth Circuit | 2021-01-07 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | constitutional-rights due-process federal-sentencing illegal-reentry judicial-discretion prior-conviction revocation-of-probation right-to-be-heard sentencing-enhancement state-sentencing | The state of South Carolina provided Oscar Guevara Salamanca no notice of the date, location, or time of a hearing to revoke his probation. Then, in h… |
| 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 … |
| 20-6462 | 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… |
| 20-6362 | 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… |
| 20-6066 | 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) … |
| 20-5995 | 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… |
| 20-5654 | 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… |
| 20-5268 | 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 … |
| 20-5227 | Jesus Hernandez-Medrano v. United States | Fifth Circuit | 2020-07-30 | Denied | Response WaivedIFP | appellate-review due-process empirical-basis fifth-circuit illegal-reentry presumption-of-reasonableness reasonableness sentencing-guidelines | Whether a presumption of reasonableness on appeal does not apply to a sentence produced by the illegal reentry guideline, §2L1.2, because that guideli… |
| 20-5077 | Joaquin Mario Cipriano-Ortega v. United States | Ninth Circuit | 2020-07-15 | Denied | Response WaivedIFP | citizenship-classification citizenship-laws due-process equal-protection illegal-reentry morales-santana morales-santana-precedent ninth-circuit-review severability 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 … |
| 19-8431 | 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" … |
| 19-8169 | 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… |
| 19-7996 | 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 … |
| 19-7821 | 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… |
| 19-7446 | Enrique A. Echeverria-Benitez v. United States | Fifth Circuit | 2020-01-27 | Denied | Response WaivedIFP | appellate-review criminal-procedure double-jeopardy fifth-circuit illegal-reentry plain-error retribution sentencing sentencing-guidelines supervised-release | On direct appeal, Mr. Echeverria-Benitez argued his twenty-seven month sentence for illegal reentry after removal was unreasonable. Mr. Echeverria-Ben… |
| 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… |
| 19-7394 | Jeremias Guillen v. United States | Eleventh Circuit | 2020-01-23 | Denied | Response WaivedIFP | due-process illegal-reentry immigration-court jurisdiction notice notice-to-appear pereira-v-sessions removal-proceedings | Where a Notice to Appear served on a noncitizen to initiate removal proceedings fails to state the date and time to appear, the noncitizen is never pr… |
| 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… |
| 19-6597 | Thiodore Igorovich Galitsa v. United States | Second Circuit | 2019-11-13 | Denied | Response WaivedIFP | credibility criminal-history criminal-procedure-due-process cross-examination dismissed-case dismissed-charges due-process fair-trial false-statements illegal-reentry prior-arrests prior-convictions prosecutorial-misconduct trial-fairness | Was Mr. Galitsa denied his right to a fair trial by the government's repeated questioning about allegations from a case dismissed for lack of evidence… |
| 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… |
| 19-6364 | Eduardo Duffy, aka Eduardo Duffy-Carrasco v. United States | Ninth Circuit | 2019-10-23 | Denied | Response WaivedIFP | citizenship-definition citizenship-laws constitutional-challenge conviction-review due-process equal-protection illegal-reentry judicial-precedent morales-santana severability 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 … |
| 19-6088 | 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 … |
| 19-5571 | 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… |
| 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 … |
| 18-8807 | Francisco Quintero-Corral v. United States | Eleventh Circuit | 2019-04-15 | Denied | Response WaivedIFP | apprendi-v-new-jersey aprendi-rule criminal-procedure due-process illegal-reentry indictment jury-trial prior-conviction sentencing sentencing-enhancement statutory-maximum | 1. Whether all facts- including the facts of a prior conviction- that increase a defendant's statutory maximum must be pleaded in the indictment and e… |
| 18-6897 | Victor Solorzano Tavia v. United States | Eleventh Circuit | 2018-12-03 | Denied | Response WaivedIFP | blakely-rule consecutive-sentences criminal-procedure double-jeopardy grade-c-violation illegal-reentry sentencing sentencing-guidelines statutory-maximum supervised-release | I. Whether sentence for illegal reentry and sentence for violation of supervised release should have run concurrent to avoid double jeopardy clause … |
| 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… |
| 18-5322 | 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… |
| 18-5171 | 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. |
| 18-5036 | 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… |