No. 22-6110

Luis David Huerta-Carranza v. United States

Lower Court: Eleventh Circuit
Docketed: 2022-11-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-law criminal-prosecution due-process immigration-court immigration-proceedings jurisdiction notice-to-appear removal-order statutory-interpretation
Key Terms:
DueProcess Immigration Privacy JusticiabilityDoctri
Latest Conference: 2023-01-06
Question Presented (AI Summary)

Whether a defective notice to appear that omits the statutorily required time-and-place information fails to confer jurisdiction on the immigration court and renders a removal order void

Question Presented (from Petition)

QUESTIONS PRESENTED Title 8, United States Code § 1326, requires the government to prove beyond a reasonable doubt that a noncitizen was ordered removed in immigration proceedings. The administrative process of removal begins with the service of a notice to appear. In Niz-Chavez v. Garland, 141 S. Ct. 1474 (2021), this Court held that a notice to appear must contain all statutorily required the time and place of the removal hearing—in one document. The questions presented are: 1. Whether a defective notice to appear that omits the statutorily required time-and-place information fails to confer jurisdiction on the immigration court and renders a removal order void. 2. Whether it violates due process and the doctrine to establish an element of a criminal § 1326 offense with a removal order based on a notice to appear that omitted the statutorily required time-and-place information. i PARTIES Petitioner, Luis Huerta-Carranza, was the defendant in the district court and the appellant in the court of appeals. Respondent, the United States of America, was the respondent in the district court and the appellee in the court of appeals.

Docket Entries

2023-01-09
Petition DENIED.
2022-12-01
DISTRIBUTED for Conference of 1/6/2023.
2022-11-23
Waiver of right of respondent United States of America to respond filed.
2022-11-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 19, 2022)

Attorneys

Luis Huerta-Carranza
Lynn Palmer BaileyFederal Public Defender, Petitioner
Lynn Palmer BaileyFederal Public Defender, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent