No. 18-5191
Jose Paniagua-Paniagua v. United States
IFP
Tags: circuit-split collateral-review criminal-conviction criminal-convictions due-process fundamental-fairness immigration-law removal-order removal-proceedings retroactivity statutory-interpretation
Key Terms:
DueProcess Immigration JusticiabilityDoctri
DueProcess Immigration JusticiabilityDoctri
Latest Conference:
2018-10-12
Question Presented (AI Summary)
Whether a court reviewing the fundamental fairness of a prior removal order under 8 U.S.C. § 1326(d) can consider the current understanding of the nature of a prior criminal conviction, or is instead bound to apply the law as it was incorrectly applied at the time of the removal proceeding
Question Presented (OCR Extract)
QUESTION PRESENTED FOR REVIEW Whether a court reviewing the fundamental fairness of a prior removal order under 8 U.S.C. § 1826(D) can consider the current understanding of the nature of a prior criminal conviction, or is it instead bound to apply the law as it was incorrectly applied at the time of the removal proceeding? --prefix-
Docket Entries
2018-10-15
Petition DENIED.
2018-09-27
DISTRIBUTED for Conference of 10/12/2018.
2018-09-10
Brief of respondent United States in opposition filed.
2018-08-03
Motion to extend the time to file a response is granted and the time is extended to and including September 10, 2018.
2018-08-02
Motion to extend the time to file a response from August 9, 2018 to September 10, 2018, submitted to The Clerk.
2018-07-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 9, 2018)
Attorneys
Jose Paniagua-Paniagua
Ellis Murray Johnston III — Clarke Johnston Thorp & Rice PC, Petitioner
Ellis Murray Johnston III — Clarke Johnston Thorp & Rice PC, Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent
Noel J. Francisco — Solicitor General, Respondent