No. 22-7095
Efrain Avila-Flores v. United States
IFP
Tags: 8-usc-1326d administrative-procedure circuit-split due-process fundamental-fairness fundamental-unfairness immigration-law removal-proceedings statutory-interpretation
Key Terms:
DueProcess Immigration
DueProcess Immigration
Latest Conference:
2023-05-25
Question Presented (AI Summary)
Whether a failure to advise an unrepresented alien in removal proceedings about relief for which he is apparently eligible, is a defect that can render a removal order 'fundamentally unfair' under 8 U.S.C. § 1326(d)
Question Presented (OCR Extract)
QUESTION PRESENTED Whether a failure to advise an unrepresented alien in removal proceedings about relief for which he is apparently eligible, is a defect that can render a removal order “fundamentally unfair” under 8 U.S.C. § 1326(d), as the Second and Ninth Circuits have held, or not, as the First, Fourth, Fifth, Sixth, Seventh, Eighth, and Tenth Circuits have held.
Docket Entries
2023-05-30
Petition DENIED.
2023-05-10
DISTRIBUTED for Conference of 5/25/2023.
2023-05-09
Reply of petitioner Efrain Avila-Flores filed. (Distributed)
2023-04-24
Brief of respondent United States in opposition filed.
2023-03-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 24, 2023)
Attorneys
Efrain Avila-Flores
Joseph Stephen Camden — Office of the Federal Public Defender, Petitioner
Joseph Stephen Camden — Office of the Federal Public Defender, Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent
Elizabeth B. Prelogar — Solicitor General, Respondent