No. 22-7565

Alex Estuardo Ixcopal-Hernandez v. United States

Lower Court: Fifth Circuit
Docketed: 2023-05-16
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: appeal civil-procedure discretionary-review due-process federal-question supplemental-materials
Key Terms:
DueProcess
Latest Conference: 2023-06-08
Question Presented (AI Summary)

Whether the Fifth Circuit's ruling to expand the record on direct appeal without providing adequate opportunity to respond violates due process

Question Presented (from Petition)

QUESTION PRESENTED FOR REVIEW Petitioner, ALEX ESTUARDO IXCOPAL-HERNANDEZ, submits the Fifth Circuit Court of Appeals’ ruling granting the Government’s request to expand the record on direct appeal—-with documents that were not part of the record before the District Court and without providing Petitioner an adequate chance to respond before granting the Government’s motion a mere five days after it was filed-is a violation of due process, which was exacerbated when the Fifth Circuit solely relied on the supplemental materials to resolve the appeal. Thus, the Fifth Circuit has decided an important federal question in a way that conflicts with relevant decisions of this Court and a compelling reason is presented for discretionary review. Mr. [xcopal-Hernandez therefore requests that this Court grant this Petition and allow this case to proceed for a determination of whether the Due Process Clause was violated.

Docket Entries

2023-06-12
Petition DENIED.
2023-05-24
DISTRIBUTED for Conference of 6/8/2023.
2023-05-18
Waiver of right of respondent United States of America to respond filed.
2023-05-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 15, 2023)

Attorneys

Alex Ixcopal-Hernandez
James Scott SullivanLaw Offices of J. Scott Sullivan, Petitioner
James Scott SullivanLaw Offices of J. Scott Sullivan, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent