No. 20-768

Gerardo Serrano v. United States Customs and Border Protection, et al.

Lower Court: Fifth Circuit
Docketed: 2020-12-04
Status: Denied
Type: Paid
Amici (1) Experienced Counsel
Tags: appropriate-case civil-forfeiture due-process federal-law government-action legal-detention post-seizure-hearing split-in-circuits vehicle-seizure
Key Terms:
Arbitration DueProcess CriminalProcedure ClassAction JusticiabilityDoctri
Latest Conference: 2021-04-16
Question Presented (AI Summary)

Does due process require a prompt post-seizure hearing for civil forfeiture?

Question Presented (OCR Extract)

QUESTION PRESENTED When the government seizes a vehicle for civil forfeiture, does due process require a prompt post-seizure hearing to test the legality of the seizure and continued detention of the vehicle pending the final forfeiture trial?

Docket Entries

2021-04-19
Petition DENIED.
2021-03-31
DISTRIBUTED for Conference of 4/16/2021.
2021-03-30
Reply of petitioner Gerardo Serrano filed. (Distributed)
2021-03-16
Brief of respondents U.S. Customs and Border Protection, et al. in opposition filed.
2021-03-02
Motion to extend the time to file a response is granted and the time is further extended to and including March 16, 2021.
2021-03-01
Motion to extend the time to file a response from March 5, 2021 to March 16, 2021, submitted to The Clerk.
2021-02-02
Motion to extend the time to file a response is granted and the time is further extended to and including March 5, 2021.
2021-02-01
Motion to extend the time to file a response from February 3, 2021 to March 5, 2021, submitted to The Clerk.
2021-01-04
Brief amici curiae of David B. Smith, LEAP, and the R Street Institute filed.
2020-12-29
Motion to extend the time to file a response is granted and the time is extended to and including February 3, 2021
2020-12-28
Motion to extend the time to file a response from January 4, 2021 to February 3, 2021, submitted to The Clerk.
2020-12-08
Blanket Consent filed by Petitioner, Gerardo Serrano
2020-12-01
Petition for a writ of certiorari filed. (Response due January 4, 2021)

Attorneys

David B. Smith, LEAP, and the R Street Institute
Thomas G. HungarGibson, Dunn & Crutcher LLP, Amicus
Gerardo Serrano
Robert Everett JohnsonInstitute for Justice, Petitioner
U.S. Customs and Border Protection, et al.
Elizabeth B. PrelogarActing Solicitor General, Respondent