No. 20-6857

Luis Pina v. United States

Lower Court: Fifth Circuit
Docketed: 2021-01-14
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: due-process illegal-reentry immigration-law jurisdiction jurisdictional-challenge removal-order removal-orders separation-of-powers
Key Terms:
DueProcess Immigration
Latest Conference: 2021-02-19
Question Presented (AI Summary)

Whether the immigration court lacked jurisdiction to issue removal orders, 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. ii

Docket Entries

2021-02-22
Petition DENIED.
2021-01-21
DISTRIBUTED for Conference of 2/19/2021.
2021-01-19
Waiver of right of respondent United States to respond filed.
2021-01-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 16, 2021)

Attorneys

Luis Pina, et al.
Kathryn ShephardFederal Public Defender, Petitioner
Kathryn ShephardFederal Public Defender, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent