No. 20-6962

Misael Herrera-Fuentes v. United States

Lower Court: First Circuit
Docketed: 2021-01-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: administrative-law due-process immigration-court-jurisdiction notice-to-appear removal-proceedings statutory-interpretation
Key Terms:
Immigration
Latest Conference: 2021-02-19
Question Presented (AI Summary)

Whether the immigration court has jurisdiction to remove a noncitizen where the removal proceedings were initiated by a notice to appear that did not include the time and date of the hearing?

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Whether the immigration court has jurisdiction to remove a noncitizen where the removal proceedings were initiated by a notice to appear that did not include the time and date of the hearing? 2. Further, whether a deportation can be valid if the removal proceedings were initiated by an undated notice to appear followed by a hearing notice that gave Mr. Herrera-Fuentes only two days’ notice of his removal hearing at which he appeared remotely, unrepresented, from a federal detention center? 1

Docket Entries

2021-02-22
Petition DENIED.
2021-02-04
DISTRIBUTED for Conference of 2/19/2021.
2021-02-02
Waiver of right of respondent United States to respond filed.
2021-01-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 26, 2021)

Attorneys

Misael Herrera-Fuentes
Christine DeMasoFederal Public Defender's Office, Petitioner
Christine DeMasoFederal Public Defender's Office, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent