No. 22-7616

Milton Mendoza v. United States

Lower Court: Ninth Circuit
Docketed: 2023-05-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: administrative-law immigration-law immigration-removal notice-to-appear removal-proceedings separation-of-powers statutory-interpretation time-and-place ultra-vires
Key Terms:
Environmental AdministrativeLaw DueProcess Securities Immigration
Latest Conference: 2023-06-22
Question Presented (AI Summary)

Whether a putative notice to appear that does not contain the time and place of removal proceedings, in violation of 8 U.S.C. § 1229(a)(1)(Q), is ultra vires, and if so, whether the resulting removal order is ultra vires

Question Presented (OCR Extract)

QUESTION PRESENTED In order to initiate immigration removal proceedings under 8 U.S.C. § 1229(a)(1)(G), the government must serve a single notice to appear (NTA) containing all required information, including the time and place of removal proceedings. Miz Chavez v. Garland, 141 S.Ct. 1474, 1479, 1486 (2021). The question presented is: Whether a putative notice to appear that does not contain the time and place of removal proceedings, in violation of 8 U.S.C. § 1229(a)(1)(Q), is ultra vires, and if so, whether the resulting removal order is ultra vires. ,

Docket Entries

2023-06-26
Petition DENIED.
2023-06-07
DISTRIBUTED for Conference of 6/22/2023.
2023-05-30
Waiver of right of respondent United States to respond filed.
2023-05-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 22, 2023)

Attorneys

Milton Mendoza
Lisa MaOffice of the Federal Public Defender, Petitioner
Lisa MaOffice of the Federal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent