SecondAmendment DueProcess FourthAmendment FifthAmendment Immigration JusticiabilityDoctri
Whether undocumented-immigrants have 2nd-amendment-rights
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