Question Presented (AI Summary)
Whether the failure to receive, in a single document, all of the information specified in paragraph (1) of 8 U.S.C. 1229(a) precludes an additional document from providing adequate notice under paragraph (2), and renders any in absentia removal order subject, indefinitely, to rescission
Question Presented (OCR Extract)
QUESTION PRESENTED Under 8 U.S.C. 1229a(b)(5), a noncitizen may be ordered removed in absentia when he “does not attend a [removal] proceeding” “after written notice required under paragraph (1) or (2) of [8 U.S.C. 1229(a)] has been provided” to him or his counsel of record. 8 U.S.C. 1229a(b)(5)(A). An order of removal that was entered in absentia “may be rescinded” “upon a motion to reopen filed at any time” if the noncitizen subject to the order demonstrates that he “did not receive” such notice. 8 U.S.C. 1229a(b)(5)(C) (ii). The question presented is whether the failure to receive, in a single document, all of the information specified in paragraph (1) of 8 U.S.C. 1229(a) precludes an additional document from providing adequate notice under paragraph (2), and renders any in absentia removal order subject, indefinitely, to rescission. (I)
Docket Entries
2023-12-01
Sealed material from the United States Court of Appeals for the Ninth Circuit electronically available with the Clerk. The remainder of the record is available on PACER.
2023-11-17
Record requested from the United States Court of Appeals for the Ninth Circuit.
2023-06-30
As Rule 34.6 provides, “If the Court schedules briefing and oral argument in a case that was governed by Federal Rule of Civil Procedure 5.2(c) or Federal Rule of Criminal Procedure 49.1(c), the parties shall submit electronic versions of all prior and subsequent filings with this Court in the case, subject to [applicable] redaction rules.” Subsequent party and amicus filings in the case should now be submitted through the Court’s electronic filing system, with any necessary redactions.
2023-06-29
DISTRIBUTED for Conference of 6/29/2023.
2023-06-06
Reply of petitioner Merrick B. Garland, Attorney General filed. (Distributed)
2023-06-06
DISTRIBUTED for Conference of 6/22/2023.
2023-05-22
Brief of respondents Varinder Singh and Raul Daniel Mendez-Colin in opposition filed.
2023-04-28
Motion to extend the time to file a response is granted and the time is further extended to and including May 22, 2023, for all respondents.
2023-04-27
Motion to extend the time to file a response from May 15, 2023 to May 22, 2023, submitted to The Clerk.
2023-03-29
Motion to extend the time to file a response is granted and the time is extended to and including May 15, 2023, for all respondents.
2023-03-28
Motion of respondent Raul D. Mendiz-Colin to extend the time to file a response from April 13, 2023 to May 15, 2023, submitted to The Clerk.
2023-03-22
Motion to extend the time to file a response is granted and the time is extended to and including May 15, 2023, for all respondents. See Rule 30.1.
2023-03-14
Motion to extend the time to file a response from April 13, 2023 to May 13, 2023, submitted to The Clerk.
2023-03-10
Petition for a writ of certiorari filed. (Response due April 13, 2023)
2023-01-27
Application (22A584) granted by Justice Kagan extending the time to file until March 10, 2023.
2023-01-27
Application (22A583) granted by Justice Kagan extending the time to file until March 10, 2023.
2023-01-27
Application (22A584) to extend further the time from February 9, 2023 to March 10, 2023, submitted to Justice Kagan.
2023-01-27
Application (22A583) to extend further the time from February 9, 2023 to March 10, 2023, submitted to Justice Kagan.
2022-12-30
Application (22A584) granted by Justice Kagan extending the time to file until February 9, 2023.
2022-12-30
Application (22A583) granted by Justice Kagan extending the time to file until February 9, 2023.
2022-12-29
Application (22A583) to extend the time to file a petition for a writ of certiorari from January 10, 2023 to February 9, 2023, submitted to Justice Kagan.
2022-12-29
Pursuant to Rule 34.6 and Paragraph 9 of the Guidelines for the Submission of Documents to the Supreme Court's Electronic Filing System, filings in this case should be submitted in paper form only, and should not be submitted through the Court's electronic filing system.
2022-12-29
Application (22A584) to extend the time to file a petition for a writ of certiorari from January 10, 2023 to February 9, 2023, submitted to Justice Kagan.
Attorneys
Merrick B. Garland, Att'y Gen.