No. 22-5163

Diann Ramcharan v. United States

Lower Court: Tenth Circuit
Docketed: 2022-07-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: abuse-of-discretion civil-rights constitutional-rights due-process equal-protection immigration immigration-fraud jury-selection race-discrimination racial-bias voir-dire
Key Terms:
Immigration
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Is it an abuse of discretion for a district court, when there is a proper request by the accused, to refuse to conduct reasonable voir dire inquiry into racial/ethnic bias in a case involving illegal-immigrant racial-minority defendants accused of marriage and immigration fraud?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Diann Ramcharan and three others were charged and convicted of immigration fraud involving inter-racial sham marriages. Three defendants, including Ramcharan, are persons of color, and also are not citizens (two are from Trinidad and Tobago and another is African-American). During voir dire, Ramcharan asked the district court to inquire of the jury panel their views on race and ethnicity regarding this case. The district court refused to ask a single question about these things. This Court held that the Constitution requires a trial judge to grant a request for racial-bias questions if “racial issues are inextricably bound up with the conduct of the trial.” Rosales-Lopez v. United States, 451 U.S. 182, 189 (1981). The Tenth Circuit affirmed, finding that since this case dealt with marriage fraud rather than a violent crime against a person of a different race than the accused, there were no “special circumstances” of constitutional dimension requiring such inquiry. The question presented is: Is it an abuse of discretion for a district court, when there is a proper request by the accused, to refuse to conduct reasonable voir dire inquiry into racial/ethnic bias in a case involving illegalimmigrant racial-minority defendants accused of marriage and immigration fraud? i

Docket Entries

2022-10-03
Petition DENIED.
2022-08-11
DISTRIBUTED for Conference of 9/28/2022.
2022-08-03
Waiver of right of respondent United States to respond filed.
2022-07-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 22, 2022)

Attorneys

Diann Ramcharan
James L. Hankins — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent