| 24A403 |
Oscar Silva Perez, et al. v. United States District Court for the Eastern District of Texas |
Fifth Circuit |
2024-10-24 |
Presumed Complete |
|
administrative-stay asylum enforcement homeland-security immigration migrants |
Question not identified. |
| 24A337 |
Ayton Sanchez Romero v. Merrick Garland, Attorney General |
Ninth Circuit |
2024-10-08 |
Presumed Complete |
|
discretionary-action due-process immigration judicial-review nationality-act removal |
Question not identified. |
| 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… |
| 23-7347 |
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… |
| 23-7222 |
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… |
| 23A815 |
Las Americas Immigrant Advocacy Center, et al. v. Steven McCraw, Director, Texas Department of Public Safety, et al. |
Fifth Circuit |
2024-03-04 |
Presumed Complete |
|
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… |
| 23-746 |
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… |
| 23-348 |
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… |
| 23-5207 |
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. … |
| 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 … |
| 22-7604 |
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… |
| 22-1071 |
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… |
| 22-7109 |
In Re Freddie A. Land |
|
2023-03-24 |
Dismissed |
Relisted (2)IFP |
administrative-law asylum due-process equal-protection immigration statutory-interpretation |
Question not identified. |
| 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… |
| 22-547 |
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… |
| 22-6250 |
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… |
| 22-6095 |
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… |
| 22-234 |
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… |
| 22-179 |
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… |
| 22-5163 |
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… |
| 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… |
| 21-8010 |
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… |
| 21-7840 |
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… |
| 21-7432 |
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 … |
| 21-7243 |
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… |
| 21-6781 |
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 |
ONLY Lsswize #Q of USCAY 420-7897 (Appenclix D)
Tadge has the Authonty to der Ne United States Feclere. adge Nas 7 / a petendent to V's late. Uni teo… |
| 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… |
| 21-6302 |
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 |
p4! on prom m a(c\ Ce<">-br?( /lic<\.
/Mo*Vv'oo 4~o WN-V^d^awl G^i'lV Pi#**- Q^d
\Mca4eJ 4h* Q,>ecau^
On K°ow/^ "Hios'f
q^J PuLl^c &et*«J'eh ytyf^W c… |
| 21-6205 |
Emem Ufot Udoh v. Nate Knutson, Warden |
Eighth Circuit |
2021-11-05 |
Dismissed |
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 … |
| 21-5752 |
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? |
| 21-166 |
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 … |
| 21-5122 |
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… |
| 20-1775 |
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… |
| 20-8201 |
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, … |
| 20-7714 |
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? |
| 20-1282 |
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… |
| 20-6867 |
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… |
| 20-666 |
Robert M. Wilkinson, Acting Attorney General, et al. v. City and County of San Francisco, California, et al. |
Ninth Circuit |
2020-11-13 |
Dismissed |
Relisted (3) |
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… |
| 20-6066 |
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… |
| 20-5847 |
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… |
| 20-5651 |
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… |
| 20-234 |
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 … |
| 20-120 |
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… |
| 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… |
| 19-8720 |
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… |
| 19-8163 |
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. |
| 19-7830 |
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… |
| 19-1031 |
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… |
| 19-7345 |
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… |
| 19-7008 |
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… |
| 19-6867 |
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.… |
| 19-6503 |
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… |
| 19-6305 |
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… |
| 19-6297 |
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… |
| 19-6088 |
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 … |
| 19-6011 |
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 ? |
| 19-5763 |
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… |
| 19-5472 |
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, … |
| 19-67 |
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… |
| 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… |
| 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… |
| 18-1517 |
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… |
| 18-1469 |
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. |
| 18-1385 |
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… |
| 18-930 |
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… |
| 18-7213 |
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… |
| 18-731 |
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 |
Denied |
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 |
Denied |
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 … |
| 18-5706 |
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. … |
| 18-5642 |
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. … |
| 18-5322 |
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… |
| 18-5197 |
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… |