No. 19-7052
Jose Alexander Callejas Rivera v. United States
IFP
Tags: collateral-attack due-process illegal-reentry immigration-court-jurisdiction immigration-law jurisdiction jurisdictional-challenge pereira-v-sessions removal-order removal-orders separation-of-powers
Key Terms:
DueProcess Takings FifthAmendment Securities Immigration Privacy
DueProcess Takings FifthAmendment Securities Immigration Privacy
Latest Conference:
2020-04-24
Question Presented (AI Summary)
Whether the immigration court lacked jurisdiction to issue orders of removal, violating separation-of-powers and due-process
Question Presented (from Petition)
QUESTION PRESENTED Whether, in light of Pereira v. Sessions, 138 S. Ct. 2105 (2018), the immigration court issuing orders of removal against each petitioner lacked jurisdiction to issue such orders, so that use of such orders in a prosecution for illegal reentry violated the separation of powers and due process. 1
Docket Entries
2020-04-27
Petition DENIED.
2020-04-09
DISTRIBUTED for Conference of 4/24/2020.
2020-03-23
Brief of respondent United States of America in opposition filed.
2020-02-19
Motion to extend the time to file a response is granted and the time is further extended to and including March 23, 2020.
2020-02-18
Motion to extend the time to file a response from February 21, 2020 to March 23, 2020, submitted to The Clerk.
2020-01-16
Motion to extend the time to file a response is granted and the time is extended to and including February 21, 2020.
2020-01-15
Motion to extend the time to file a response from January 22, 2020 to February 21, 2020, submitted to The Clerk.
2019-12-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 22, 2020)
Attorneys
Callejas Rivera, et al.
Michael Lance Herman — Federal Public Defender, Petitioner
Michael Lance Herman — Federal Public Defender, Petitioner
United States of America
Noel J. Francisco — Solicitor General, Respondent
Noel J. Francisco — Solicitor General, Respondent