No. 19-7753
Juan Ramon Pineda-Fernandez v. United States
Tags: collateral-attack due-process illegal-reentry immigration-law immigration-removal jurisdiction jurisdictional-challenge notice-to-appear removal-proceedings statutory-interpretation
Latest Conference:
2020-06-25
Question Presented (from Petition)
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 illegal reentry prosecution, can the defendant attack the jurisdictional basis for a removal order outside the 8 U.S.C. § 1326(d) requirements for a collateral attack? If not, is § 1326(d) unconstitutional?
Question Presented (AI Summary)
Whether the immigration court lacked authority to remove Mr. Pineda because he was not served a notice to appear that had a hearing time
Docket Entries
2020-06-29
Petition DENIED.
2020-06-10
DISTRIBUTED for Conference of 6/25/2020.
2020-06-04
Reply of petitioner Juan Ramon Pineda-Fernandez filed. (Distributed)
2020-05-26
Memorandum of respondent United States filed.
2020-04-10
Motion to extend the time to file a response is granted and the time is further extended to and including May 26, 2020.
2020-04-08
Motion to extend the time to file a response from April 24, 2020 to May 26, 2020, submitted to The Clerk.
2020-03-17
Motion to extend the time to file a response from March 25, 2020 to April 24, 2020, submitted to The Clerk.
2020-03-17
Motion to extend the time to file a response is granted and the time is extended to and including April 24, 2020.
2020-02-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 25, 2020)
Attorneys
Juan Ramon Pineda-Fernandez
Kristin Michelle Kimmelman — Federal Public Defender's Office, Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent