No. 22-6347

Manuel Alejandro Sanchez v. United States

Lower Court: Ninth Circuit
Docketed: 2022-12-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 8-usc-1229 bastide-hernandez-v-united-states due-process immigration-court-jurisdiction immigration-law nix-chaves-v-barr notice-to-appear pereira-v-sessions removal-proceedings statutory-interpretation subject-matter-jurisdiction
Key Terms:
DueProcess Immigration
Latest Conference: 2023-02-17
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

Question Presented (from Petition)

Questions Presented 1. 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. 2. Whether a noncitizen’s failure to file an appeal in his underlying immigration proceedings, where that failure to file an appeal is due in part to ineffective assistance of counsel, precludes a collateral attack against a removal order in a future criminal prosecution. 3. Whether a district court’s finding that a noncitizen presented sufficient evidence to show they were a plausible candidate for relief from removal, the necessary element of prejudice to succeed on a motion to dismiss alleging due process violations, should be reviewed for clear error. i

Docket Entries

2023-02-21
Petition DENIED.
2023-01-12
DISTRIBUTED for Conference of 2/17/2023.
2023-01-09
Waiver of right of respondent United States to respond filed.
2022-12-20
Motion to defer consideration of the petition for a writ of certiorari filed by petitioner Manuel Alejandro Sanchez.
2022-12-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 19, 2023)
2022-10-18
Application (22A321) granted by Justice Kagan extending the time to file until December 17, 2022.
2022-10-12
Application (22A321) to extend the time to file a petition for a writ of certiorari from October 18, 2022 to December 17, 2022, submitted to Justice Kagan.

Attorneys

Manuel Alejandro Sanchez
Paul E. SheltonFederal Defenders of Eastern Washington and Idaho, Petitioner
Paul E. SheltonFederal Defenders of Eastern Washington and Idaho, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent