No. 25-5052

Veronica Aquino-Dolores v. United States

Lower Court: Ninth Circuit
Docketed: 2025-07-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: arlington-heights-framework civil-rights-law criminal-prosecution discriminatory-purpose legislative-intent racist-origins
Key Terms:
DueProcess Immigration
Latest Conference: 2025-09-29
Question Presented (AI Summary)

Whether a legislature can cleanse the taint of a racially discriminatory law by silent reenactment or amendment when the law was originally adopted for an impermissible discriminatory purpose

Question Presented (OCR Extract)

The government prosecuted Petitioners under a statute with undisputed racist origins. Congress criminalized illegal en try, as well as illegal reentry, into the United States in 1929 at the urging of “proud” white supremacis ts, nativists, and eugenicists to keep the American bloodline “white and purely Caucasian.” The core focus of these provisions has remained su bstantively the same since 1929. But the Ninth Circuit upheld the law based on a reenactment in 1952 and amendments in the 1980s and 1990s, none of which gra ppled with the law’s racist past. This case poses important questions abo ut the role of appellate courts in applying the framework from Village of Arlington Heights v. Metropolitan Housing Development Corporation , 429 U.S. 252 (1977), to a fe deral law used for a large swath of federal criminal prosecutions, al ong with countless civil rights cases. The question presented is: Whether a legislature can cleanse the taint of a racially discriminatory law by silent reenactment or amendment when the law was originally adopted for an impermissible discriminatory purpose. prefix PARTIES ,

Docket Entries

2025-10-06
Petition DENIED.
2025-07-17
DISTRIBUTED for Conference of 9/29/2025.
2025-07-15
Waiver of United States of America of right to respond submitted.
2025-07-15
Waiver of right of respondent United States of America to respond filed.
2025-06-30

Attorneys

United States of America
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
Moez Mansoor KabaHueston Hennigan LLP, Respondent
Veronica Aquino-Dolores, et al.
Paul A. BarrFederal Defenders of San Diego, Inc., Petitioner
Paul A. BarrFederal Defenders of San Diego, Inc., Petitioner