No. 20-967
Pedro Rodriguez-Garcia v. United States
Response Waived
Tags: collateral-attack due-process illegal-reentry immigration-law jurisdiction jurisdictional-challenge notice-to-appear removal-order removal-proceedings statutory-interpretation
Key Terms:
DueProcess Immigration Privacy JusticiabilityDoctri
DueProcess Immigration Privacy JusticiabilityDoctri
Latest Conference:
2021-02-19
Question Presented (AI Summary)
Did the immigration court lack authority to remove Mr. Rodriguez-Garcia because he was served a Notice to Appear that did not comply with federal law because it lacked a hearing time?
Question Presented (OCR Extract)
question presented is: 1. Did the immigration court lack authority to remove Mr. Rodriguez-Garcia because he was served a Notice to Appear that did not comply with federal law because it lacked a hearing time? 2. In an illegal reentry prosecution, can the defendant attack the jurisdictional basis for a removal order outside the 8 U.S.C. § 1326(d) requirements for a collateral attack? If not, is § 1826(d) unconstitutional?
Docket Entries
2021-02-22
Petition DENIED.
2021-02-03
DISTRIBUTED for Conference of 2/19/2021.
2021-01-26
Waiver of right of respondent United States of America to respond filed.
2021-01-11
Petition for a writ of certiorari filed. (Response due February 16, 2021)
Attorneys
Pedro Rodriguez-Garcia
Javier N. Maldonado — Law Office of Javier N. Maldonado, P.C., Petitioner
Javier N. Maldonado — Law Office of Javier N. Maldonado, P.C., Petitioner
United States of America
Elizabeth B. Prelogar — Acting Solicitor General, Respondent
Elizabeth B. Prelogar — Acting Solicitor General, Respondent