No. 19-7753

Juan Ramon Pineda-Fernandez v. United States

Lower Court: Fifth Circuit
Docketed: 2020-02-24
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: collateral-attack due-process illegal-reentry immigration-law immigration-removal jurisdiction jurisdictional-challenge notice-to-appear removal-proceedings statutory-interpretation
Key Terms:
DueProcess Immigration
Latest Conference: 2020-06-25
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

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW Juan Ramon Pineda-Fernandez, like many noncitizen defendants, was ordered removed by an immigration judge after being served a document titled “notice to appear” that did not tell Mr. Pineda when to appear for removal proceedings. The statute requires that noncitizens facing removal proceedings be served a notice to appear with a hearing time. 8 U.S.C. § 1229(a)(1)(G)@). The government prosecuted Mr. Pineda for illegal reentry based on that putative removal order. The questions presented are: 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? No. _ In the Supreme Court of the United States October Term, 2019 JUAN RAMON PINEDA-FERNANDEZ, Petitioner, V. UNITED STATES OF AMERICA PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Petitioner, Juan Ramon Pineda-Fernandez asks that a writ of certiorari issue to review the opinion and judgment entered by the United States Court of Appeals for the Fifth Circuit on November 21, 2019.

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 KimmelmanFederal Public Defender's Office, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent