No. 18-7103
Rene Garcia-Montejo, aka Bibian Garcia-Montejo v. United States
Tags: constitutional-law criminal-law due-process found-in-doctrine illegal-entry immigration-authorities immigration-law official-restraint official-restraint-doctrine statutory-interpretation surveillance
Key Terms:
Immigration Privacy
Immigration Privacy
Latest Conference:
2019-02-15
Question Presented (AI Summary)
Whether the 'official restraint' doctrine precludes the possibility that a defendant can be illegally 'found in' the United States, for purposes of Title 8 U.S.C. § 1326(a), if he was under constant surveillance by immigration authorities from the time he stepped onto U.S. soil until the time he was apprehended
Question Presented (OCR Extract)
Issue Presented 1. Whether the “official restraint” doctrine precludes the possibility that that a defendant can be illegally “found in” the United States, for purposes of Title 8 U.S.C. § 1326(a), if he was under constant surveillance by immigration authorities from the time he stepped onto U.S. soil until the time he was apprehended. i
Docket Entries
2019-02-19
Petition DENIED.
2019-01-17
DISTRIBUTED for Conference of 2/15/2019.
2019-01-09
Waiver of right of respondent United States of America to respond filed.
2018-11-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 18, 2019)
Attorneys
Rene Garcia-Montejo
John Andrew Kuchera — Attorney at Law, Petitioner
John Andrew Kuchera — Attorney at Law, Petitioner
United States of America
Noel J. Francisco — Solicitor General, Respondent
Noel J. Francisco — Solicitor General, Respondent