No. 21-6445

Ruben Vazquez-Ovalle v. United States

Lower Court: Fifth Circuit
Docketed: 2021-11-29
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: due-process illegal-reentry immigration-law jurisdiction notice-to-appear removal-proceedings statutory-interpretation
Key Terms:
Immigration
Latest Conference: 2022-01-07
Question Presented (AI Summary)

Did the immigration court lack authority to remove Vazquez because he was not served a notice to appear that had a hearing time?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Ruben Vazquez-Ovalle was ordered removed by an immigration judge after being served a document titled “Notice to Appear” that did not tell him when to appear for removal proceedings, contrary to a statute that requires this information. See 8 U.S.C. § 1229(a)(1)(G)(@). Here, the Government relied on that removal to prosecute Vazquez for illegal reentry based on that putative removal order. The district court denied Vazquez’s motion to dismiss the indictment and found him guilty, and the court of appeals affirmed the conviction. The question presented is: Did the immigration court lack authority to remove Vazquez because he was not served a notice to appear that had a hearing time? No. ___ In the Supreme Court of the United States RUBEN VAZQUEZ-OVALLE, Petitioner, V. UNITED STATES OF AMERICA PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Petitioner, Ruben Vazquez-Ovalle asks that a writ of certiorari issue to review the opinion and judgment entered by the United States Court of Appeals for the Fifth Circuit on June 28, 2021.

Docket Entries

2022-01-10
Petition DENIED.
2021-12-09
DISTRIBUTED for Conference of 1/7/2022.
2021-12-03
Waiver of right of respondent United States of America to respond filed.
2021-11-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 29, 2021)

Attorneys

Ruben Vazquez-Ovalle
Bradford Wayne BoganFederal Public Defender for the Western District o, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent