No. 22-6281

Juan Carlos Bastide-Hernandez v. United States

Lower Court: Ninth Circuit
Docketed: 2022-12-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 8-usc-1229 circuit-court-rulings circuit-split immigration-law notice-to-appear removal-proceedings statutory-interpretation subject-matter-jurisdiction
Latest Conference: 2023-01-20
Question Presented (from Petition)

Whether the United States' initiating removal proceedings against a noncitizen with a "Notice to Appear" that fails to include the date and time of the removal hearing, as required by 8 U.S.C. § 1229(a)(1), deprives the immigration court of subject matter jurisdiction.

Question Presented (AI Summary)

Whether the United States' initiating removal proceedings against a noncitizen with a 'Notice to Appear' that fails to include the date and time of the removal hearing, as required by 8 U.S.C. § 1229(a)(1), deprives the immigration court of subject matter jurisdiction

Docket Entries

2023-01-23
Petition DENIED.
2023-01-05
DISTRIBUTED for Conference of 1/20/2023.
2022-12-30
Waiver of right of respondent United States to respond filed.
2022-11-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 11, 2023)
2022-11-08
Application (22A405) granted by Justice Kagan extending the time to file until November 29, 2022.
2022-11-01
Application (22A405) to extend the time to file a petition for a writ of certiorari from November 15, 2022 to November 29, 2022, submitted to Justice Kagan.

Attorneys

Juan Carlos Bastide-Hernandez
Paul E. SheltonFederal Defenders of Eastern Washington and Idaho, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent