No. 20-1427

Levian dela Car Pacheco Pacheco, aka Levian D. Pacheco v. United States

Lower Court: Ninth Circuit
Docketed: 2021-04-12
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: administrative-law criminal-law deportation due-process immigration immigration-law sexual-offense statutory-construction statutory-interpretation
Key Terms:
Immigration JusticiabilityDoctri
Latest Conference: 2021-05-13
Question Presented (AI Summary)

Whether the court of appeals erred in interpreting the term 'pending deportation' in 18 U.S.C. §§ 2243(b), 2244(a)(4), 2246(5)(A) to include those awaiting proceedings to determine deportation

Question Presented (OCR Extract)

QUESTION PRESENTED Congress has made it a crime to engage in certain sexual acts with detainees who are “pending deportation.” 18 U.S.C. §§ 2243(b), 2244(a)(4), 2246(5)(A). The court of appeals interpreted “pending deportation” to encompass not only those ordered deported and awaiting deportation but also those awaiting proceedings to determine whether they should be deported at all. Did the court of appeals deviate from this Court’s method of statutory interpretation?

Docket Entries

2021-05-17
Petition DENIED.
2021-04-27
DISTRIBUTED for Conference of 5/13/2021.
2021-04-20
Waiver of right of respondent United States to respond filed.
2021-04-07
Petition for a writ of certiorari filed. (Response due May 12, 2021)

Attorneys

Levian Pacheco Pacheco
Keith James HilzendegerFederal Public Defender, District of Arizona, Petitioner
Keith James HilzendegerFederal Public Defender, District of Arizona, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent