No. 21-6120

Javier Perez v. United States

Lower Court: Second Circuit
Docketed: 2021-10-28
Status: Denied
Type: IFP
IFP
Tags: 2nd-amendment circuit-split civil-rights constitutional-rights due-process firearms heller-interpretation immigration second-amendment self-defense standing undocumented-immigrants
Key Terms:
SecondAmendment DueProcess FourthAmendment FifthAmendment Immigration JusticiabilityDoctri
Latest Conference: 2022-02-18
Question Presented (AI Summary)

Whether undocumented-immigrants have 2nd-amendment-rights

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether an undocumented immigrant like Javier Perez, who came to the United States over 15 years ago and developed substantial ties to this country during that time, is among “the people” who possess the “inherent” and “preexisting” right of armed self-defense codified in the Second Amendment, District of Columbia v. Heller, 554 U.S. 570, 628 (2008), a question on which the Circuits are split. 2. Whether the Second Circuit flouted Heller by reviewing the constitutionality of 18 U.S.C. § 922(g)(5), barring undocumented immigrants from possessing a firearm in any circumstance, under a deferential test and then by upholding the law despite acknowledging its substantial overbreadth and lack of empirical basis. Alternatively, whether this petition should be held pending the Court’s decision in New York State Rifle & Pistol Association v. Bruen, No. 20-843 (argument set for November 3, 2021), raising the same complaint concerning the Second Circuit’s review (and upholding) of a New York law barring persons from publicly carrying firearms. i

Docket Entries

2022-02-22
Petition DENIED.
2022-01-13
DISTRIBUTED for Conference of 2/18/2022.
2021-12-29
Brief of respondent United States in opposition filed.
2021-11-24
Motion to extend the time to file a response is granted and the time is extended to and including December 29, 2021.
2021-11-23
Motion to extend the time to file a response from November 29, 2021 to December 29, 2021, submitted to The Clerk.
2021-10-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 29, 2021)

Attorneys

Javier Perez
Yuanchung LeeFederal Defenders of New York, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent