notice-to-appear
34 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 23-5448 | Charles Belssner v. Westgate Las Vegas Hotel, LLC, et al. | Nevada | 2023-08-25 | Denied | IFP | address-verification administrative-procedure civil-procedure due-process jurisdiction legal-notification notice notice-to-appear service-of-process standing | ISN'T THE APPELLANT ENTITLED TO NOTICE TO APPEAR? SHOULD NOT THE RESPONDENT RESPONSIBLE TO SERVE THE APPELLANT @ THE CORRECT ADDRESS? WHEN USPS … |
| 23-5138 | Martin Ramos-Urias v. United States | Ninth Circuit | 2023-07-19 | Denied | Response WaivedIFP | administrative-procedure claim-processing immigration-removal in-absentia-removal judicial-review notice-to-appear separation-of-powers statutory-interpretation time-and-place | If the government serves an initial notice document that does not include the "time and place" of proceedings, followed by an additional document cont… |
| 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… |
| 22-7541 | 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… |
| 22-6962 | 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… |
| 22-6347 | 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… |
| 22-6281 | 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… |
| 22-6110 | Luis David Huerta-Carranza v. United States | Eleventh Circuit | 2022-11-18 | Denied | Response WaivedIFP | criminal-law criminal-prosecution due-process immigration-court immigration-proceedings jurisdiction notice-to-appear removal-order statutory-interpretation | 1. Whether a defective notice to appear that omits the statutorily required time-and-place information fails to confer jurisdiction on the immigration… |
| 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… |
| 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 … |
| 21-1219 | 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 … | |
| 21-6814 | Eleazar Flores-Mora v. United States | First Circuit | 2022-01-11 | Denied | Response WaivedIFP | administrative-law due-process immigration-court-jurisdiction immigration-jurisdiction niz-chavez-v-garland notice-to-appear pereira-v-sessions removal-proceedings statutory-interpretation | 1. Whether the immigration court has jurisdiction to remove a noncitizen where the removal proceedings were initiated by a notice to appear (NTA) that… |
| 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? |
| 21-6228 | 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… |
| 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… |
| 20-7969 | 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 … |
| 20-7501 | 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… |
| 20-6962 | Misael Herrera-Fuentes v. United States | First Circuit | 2021-01-27 | Denied | Response WaivedIFP | administrative-law due-process immigration-court-jurisdiction notice-to-appear removal-proceedings 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… |
| 20-967 | 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… |
| 20-6464 | 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… |
| 20-6195 | 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… |
| 20-5995 | 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… |
| 20-5925 | 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… |
| 20-5268 | 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 … |
| 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" … |
| 19-7996 | 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… |
| 19-7753 | 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… |
| 19-7410 | 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… |
| 19-6588 | 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… |