No. 21-1305

Melchor Munoz v. United States

Lower Court: Eleventh Circuit
Docketed: 2022-03-29
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: 28-usc-2255 citizenship-revocation criminal-conviction due-diligence government-notice plea-bargaining plea-proceeding section-2255 statute-of-limitations statutory-interpretation
Key Terms:
HabeasCorpus Immigration
Latest Conference: 2022-04-22
Question Presented (AI Summary)

Whether the 28 U.S.C. § 2255 'date on which the facts supporting the claim presented could have been discovered through the exercise of due diligence' trigger per se begins to run on the date that the Government sends a letter indicating an intent to bring a revocation proceeding that does not specifically state that the revocation proceeding is mandatory rather than discretionary

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Whether — in a case where (1) the revocation of a criminal defendant’s citizenship is mandatory as a result of a plea to a criminal conviction but (2) the defendant was told during the plea proceeding only that the Government “might” seek revocation — the 28 U.S.C. § 2255 “date on which the facts supporting the claim presented could have been discovered through the exercise of due diligence” trigger per se begins to run on the date that the Government sends a letter indicating an intent to bring a revocation proceeding that does not specifically state that the revocation proceeding is mandatory rather than discretionary. il B. PARTIES INVOLVED The parties involved are identified in the style of the case. ili C.

Docket Entries

2022-04-25
Petition DENIED.
2022-04-06
DISTRIBUTED for Conference of 4/22/2022.
2022-03-31
Waiver of right of respondent United States to respond filed.
2022-03-23
Petition for a writ of certiorari filed. (Response due April 28, 2022)
2022-03-04
Application (21A363) granted by Justice Thomas extending the time to file until March 23, 2022.
2022-02-23
Application (21A363) to extend further the time from March 8, 2022 to March 23, 2022, submitted to Justice Thomas.
2022-01-25
Application (21A363) granted by Justice Thomas extending the time to file until March 8, 2022.
2022-01-21
Application (21A363) to extend the time to file a petition for a writ of certiorari from February 6, 2022 to March 9, 2022, submitted to Justice Thomas.

Attorneys

Melchor Munoz
Michael Robert UffermanMichael Ufferman Law Firm, P.A., Petitioner
Michael Robert UffermanMichael Ufferman Law Firm, P.A., Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent