No. 22-6479

Felix Agustin Dominguez-Bido, aka Sealed Defendant 1, aka Felix Dominguez v. United States

Lower Court: Second Circuit
Docketed: 2023-01-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 8-usc-1229 due-process illegal-reentry immigration-law niz-chavez-v-garland notice-to-appear pereira-v-sessions removal-proceedings statutory-interpretation
Key Terms:
AdministrativeLaw Immigration
Latest Conference: 2023-02-17
Question Presented (AI Summary)

Whether the Government may commence removal proceedings by serving a noncitizen with a 'notice to appear' that does not specify the date, time, and place of the proceeding, as required by 8 U.S.C. § 1229(a) (1)

Question Presented (OCR Extract)

Question Presented In a prosecution for illegal reentry, under 8 U.S.C. § 1326, the Government must prove that the defendant previously was subject to a valid removal order. To initiate a removal proceeding, the Government must serve a noncitizen with a “notice to appear” specifying the “time and place at which the proceedings will be held.” 8 U.S.C. § 1229(a) (1) (G) (i). And this Court has held that a notice to appear under § 1229(a) (1) is a single document containing the statutorily defined information, not multiple documents. NizChavez v. Garland, 141 S. Ct. 1474 (2021). In this case, Dominguez-Bido was ordered removed from the United States (in 2004) by an immigration judge after being served with a document that was titled a “notice to appear,” but did not inform him of the date, time, or place of the removal proceeding. He was convicted of illegal reentry based on that putative removal order. The question presented is: Whether the Government may commence removal proceedings by serving a noncitizen with a “notice to appear” that does not specify the date, time, and place of the proceeding, as required by 8 U.S.C. § 1229(a) (1). i

Docket Entries

2023-02-21
Petition DENIED.
2023-01-19
DISTRIBUTED for Conference of 2/17/2023.
2023-01-12
Waiver of right of respondent United States to respond filed.
2023-01-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 6, 2023)

Attorneys

Felix Agustin Dominguez Bido
Darrell Bernard FieldsFederal Defenders of New York, Inc., Petitioner
Darrell Bernard FieldsFederal Defenders of New York, Inc., Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent