Luis David Huerta-Carranza v. United States
DueProcess Immigration Privacy JusticiabilityDoctri
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
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.