No. 23-6851

Praxedis Saul Portillo-Gonzalez v. United States

Lower Court: Ninth Circuit
Docketed: 2024-02-28
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: administrative-remedies collateral-attack due-process exhaustion-of-remedies immigration immigration-law judicial-review removal-order
Key Terms:
ERISA DueProcess Immigration JusticiabilityDoctri
Latest Conference: 2024-03-28
Question Presented (AI Summary)

Does the court of appeals' holding conflict with Mendoza-Lopez?

Question Presented (OCR Extract)

QUESTION PRESENTED In United States v. Mendoza-Lopez, 481 U.S. 828 (1987), this Court held that noncitizens have a due process right to collaterally attack their removal orders where their “waivers of their rights to appeal were not considered or intelligent” because, at their removal hearing, the immigration judge failed to properly advise them regarding a form of relief from removal. Congress codified this holding by enacting 8 U.S.C. § 1326(d), which recognizes a noncitizen’s right to bring such collateral attacks, and also limits such attacks to cases in which the noncitizen exhausted “available” administrative remedies (§ 1326(d)(1)), the deportation process improperly deprived the noncitizen of the opportunity for judicial review (§ 1326(d)(2)), and the entry of the order was fundamentally unfair (§ 1326(d)(3)). In the instant case, the court of appeals held in a published opinion that § 1326(d)(1) and (2) bar collateral attacks on removal orders despite the immigration judge’s errors, unless those errors pertain directly to the appeal process. Does the court of appeals’ holding conflict with Mendoza-Lopez? RULE 14.1(b) STATEMENT (i) All

Docket Entries

2024-04-01
Petition DENIED.
2024-03-13
DISTRIBUTED for Conference of 3/28/2024.
2024-03-07
Waiver of right of respondent United States to respond filed.
2024-02-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 29, 2024)

Attorneys

Praxedis Saul Portillo-Gonzalez
Daniel Lee KaplanOffice of the Federal Public Defender, Petitioner
Daniel Lee KaplanOffice of the Federal Public Defender, Petitioner
United States
Elizabeth B. Prelogar — Respondent
Elizabeth B. PrelogarSolicitor General, Respondent