No. 20-8201

Andres Abelino Ayon-Brito, aka Hugo Ayon-Brito, aka Joel Diaz Garcia v. United States

Lower Court: Fourth Circuit
Docketed: 2021-06-03
Status: Denied
Type: IFP
IFP
Tags: administrative-law circuit-split criminal-law due-process federal-jurisdiction immigration immigration-law reentry reentry-violation statutory-interpretation
Key Terms:
Immigration JusticiabilityDoctri
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Does a 'found in' violation of 8 U.S.C. § 1326 occur when an alien reenters the country, or when the alien is 'found in' the United States by immigration officials?

Question Presented (OCR Extract)

Question Presented Does a “found in” violation of 8 U.S.C. § 1326 occur when an alien reenters the country, as the Fourth, Seventh, Ninth, and Tenth Circuits have held, or when the alien is “found in” the United States by immigration officials, as the First, Second, Third, and Eleventh Circuits have held? i

Docket Entries

2021-10-04
Petition DENIED.
2021-08-19
DISTRIBUTED for Conference of 9/27/2021.
2021-08-18
Reply of petitioner Andres Ayon-Brito filed. (Distributed)
2021-08-05
Brief of respondent United States in opposition filed.
2021-07-01
Motion to extend the time to file a response is granted and the time is extended to and including August 5, 2021.
2021-06-30
Motion to extend the time to file a response from July 6, 2021 to August 5, 2021, submitted to The Clerk.
2021-05-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 6, 2021)

Attorneys

Andres Ayon-Brito
Geremy C. KamensOffice of the Federal Public Defender, Petitioner
Geremy C. KamensOffice of the Federal Public Defender, Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent
Brian H. FletcherActing Solicitor General, Respondent