No. 20-5881

Jose Vincente Lira-Ramirez v. United States

Lower Court: Tenth Circuit
Docketed: 2020-10-01
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: criminal-procedure due-process immigration immigration-law jurisdiction jurisdictional-defect noncitizen-rights notice removal removal-proceedings unlawful-reentry
Key Terms:
AdministrativeLaw ERISA DueProcess Immigration JusticiabilityDoctri
Latest Conference: 2020-11-06
Question Presented (AI Summary)

Does the Due Process Clause permit a noncitizen to be convicted under 8 U.S.C. § 1326 for unlawful reentry into the United States if the noncitizen was removed from the United States by an immigration court that did not have jurisdiction to do so because of a defective notice that did not include the time and place of the removal proceedings?

Question Presented (OCR Extract)

QUESTION PRESENTED The question presented is a follow-up to Pereira v. Sessions, 138 S.Ct. 2105 (2018). The question is: Does the Due Process Clause permit a noncitizen to be convicted under 8 U.S.C. § 1326 for unlawful reentry into the United States if the noncitizen was removed from the United States by an immigration court that did not have jurisdiction to do so because of a defective notice that did not include the time and place of the removal proceedings? i

Docket Entries

2020-11-09
Petition DENIED.
2020-10-22
DISTRIBUTED for Conference of 11/6/2020.
2020-10-14
Waiver of right of respondent United States to respond filed.
2020-09-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 2, 2020)

Attorneys

Jose Lira-Ramirez, et al.
Daniel Tyler HansmeierFederal Public Defender's Office for the District of Kansas, Petitioner
Daniel Tyler HansmeierFederal Public Defender's Office for the District of Kansas, Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent