No. 21-7762

Jesus Leonardo Castillo-Martinez v. United States

Lower Court: First Circuit
Docketed: 2022-05-03
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: 8-usc-1326d administrative-exhaustion collateral-challenge deportation-order illegal-reentry immigration-removal ineffective-assistance ineffective-assistance-of-counsel judicial-review notice-to-appear
Key Terms:
DueProcess Immigration
Latest Conference: 2022-09-28 (distributed 2 times)
Question Presented (AI Summary)

Whether counsel's failure to raise a controlling issue pending in this Court constitutes ineffective assistance of counsel

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether counsel’s failure to raise a controlling issue pending in this Court in immigration removal proceedings constitutes ineffective assistance of counsel satisfying the requirements of 8 U.S.C. § 1326(d) for a collateral challenge to that deportation order in a subsequent prosecution for illegal reentry? 2. Whether a removal initiated by a notice to appear (NTA) that did not include the time and date of the hearing can support an illegal reentry conviction? i

Docket Entries

2022-10-03
Petition DENIED.
2022-09-16
Reply of petitioner Castillo-Martinez filed. (Distributed)
2022-09-08
DISTRIBUTED for Conference of 9/28/2022.
2022-08-24
Brief of respondent United States in opposition filed.
2022-07-12
Motion to extend the time to file a response is granted and the time is further extended to and including August 24, 2022.
2022-07-11
Motion to extend the time to file a response from July 25, 2022 to August 24, 2022, submitted to The Clerk.
2022-06-17
Motion to extend the time to file a response is granted and the time is extended to and including July 25, 2022.
2022-06-16
Motion to extend the time to file a response from June 24, 2022 to July 25, 2022, submitted to The Clerk.
2022-05-25
Response Requested. (Due June 24, 2022)
2022-05-18
DISTRIBUTED for Conference of 6/2/2022.
2022-05-10
Waiver of right of respondent United States to respond filed.
2022-04-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 2, 2022)

Attorneys

Castillo-Martinez
Zainabu RumalaFederal Public Defender Office, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent