Whether a defendant convicted of illegal reentry under 8 U.S.C. § 1326 can challenge their prior deportation based on an incorrect aggravated felony determination

No question identified. : 1326(a), who has previously been deported pursuant to an expedited removal justified by an aggravated felony, 8 U.S.C. § 1228, when the underlying conviction was not, in fact, an aggravated felony and the person was not advised of their ability to challenge that determination. The circuits are openly divided over this issue, which determines whether a person will be convicted of violating 8 U.S.C. § 1326 or have their case dismissed. Compare United States v. Validiva-Flores, 876 F.3d 1201 (9th Cir. 2017) with United States v. Cortez-Zepeda, 2025 WL 1904482 (5th Cir. Jul. 10, 2025) (attached). Counsel wishes to fully and cogently explain the split in his petition for certiorari. Further, counsel is currently working to meet multiple court deadlines that occur at the same time that this petition is due. For example, counsel is responsible for filing two briefs in the Fifth Circuit Court of Appeals—the opening brief in USA v. MunizEspinoza, 25-50262, and the reply brief in USA v. Brown, 2450944—on October 6, 2025. Further, counsel is scheduled to take a major exam by the State Bar of Texas, to be board certified in Criminal Appeals, also on October 6, 2025. For those reasons, counsel requests an extension of time to file the petition for certiorari to this Court to and including December 7, 2025. Respectfully submitted. September 28, 2025 SHANE O’NEAL O’NEAL LAW 101 E. Avenue B Alpine, Texas 79830 (718) 516-3505 Counsel for Petitioner