| 25A391 |
Andis Noe Cortez-Zepeda v. United States |
Fifth Circuit |
2025-10-03 |
Presumed Complete |
|
8-usc-1326 aggravated-felony circuit-split deportation expedited-removal illegal-reentry |
Whether a defendant convicted of illegal reentry under 8 U.S.C. § 1326 can challenge their prior deportation based on an incorrect aggravated felony d… |
| 24-6200 |
Carlos Guadalupe Sanchez-Felix v. United States |
Tenth Circuit |
2024-12-26 |
Denied |
Response WaivedIFP |
constitutional-law due-process fifth-amendment illegal-reentry racial-discrimination statutory-interpretation |
Must a court considering the reenactment of a provision that was originally adopted for a racially discriminatory purpose give meaningful consideratio… |
| 24-5026 |
Claudio Alvarez Rodriguez v. United States |
Fourth Circuit |
2024-07-09 |
Denied |
Response WaivedIFP |
8-usc-1326 constitutional-law discriminatory-effect discriminatory-purpose equal-protection fifth-amendment illegal-reentry racial-discrimination statutory-interpretation |
Whether the illegal re-entry statute, 8 U.S.C. § 1326, violates the equal protection guarantee of the Fifth Amendment because the law was enacted with… |
| 22-7243 |
Mario Roberto Bonilla-Diaz v. United States |
Eleventh Circuit |
2023-04-10 |
Denied |
IFP |
due-process equal-protection fifth-amendment illegal-reentry immigration-law in-absentia removal-order sentencing-guideline sentencing-guidelines |
Whether Mr. Bonilla-Diaz's in absentia removal order, which issued when he was ten years old and forms the basis for his illegal reentry conviction, i… |
| 22-6479 |
Felix Agustin Dominguez-Bido, aka Sealed Defendant 1, aka Felix Dominguez v. United States |
Second Circuit |
2023-01-06 |
Denied |
Response WaivedIFP |
8-usc-1229 due-process illegal-reentry immigration-law niz-chavez-v-garland notice-to-appear pereira-v-sessions removal-proceedings statutory-interpretation |
Whether the Government may commence removal proceedings by serving a noncitizen with a 'notice to appear' that does not specify the date, time, and pl… |
| 21-7762 |
Jesus Leonardo Castillo-Martinez v. United States |
First Circuit |
2022-05-03 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
8-usc-1326d administrative-exhaustion collateral-challenge deportation-order illegal-reentry immigration-removal ineffective-assistance ineffective-assistance-of-counsel judicial-review notice-to-appear |
Whether counsel's failure to raise a controlling issue pending in this Court constitutes ineffective assistance of counsel |
| 21-6445 |
Ruben Vazquez-Ovalle v. United States |
Fifth Circuit |
2021-11-29 |
Denied |
Response WaivedIFP |
due-process illegal-reentry immigration-law jurisdiction notice-to-appear removal-proceedings statutory-interpretation |
Did the immigration court lack authority to remove Vazquez because he was not served a notice to appear that had a hearing time? |
| 20-7950 |
Antonio Serrano-Perez v. United States |
Fifth Circuit |
2021-05-06 |
Denied |
Response WaivedIFP |
constitutional-interpretation constitutional-law criminal-law due-process felony-offense illegal-reentry immigration-law prior-conviction sentencing sentencing-enhancement statutory-interpretation supreme-court |
Whether the Court should overrule Almendarez-Torres v. United States and hold that a prior conviction is an element of the aggravated form of the ille… |
| 20-7501 |
Alfredo Arroyo-Hernandez v. United States |
Fifth Circuit |
2021-03-18 |
Denied |
Response WaivedIFP |
collateral-attack due-process illegal-reentry immigration-law immigration-removal jurisdiction jurisdictional-challenge notice-to-appear removal-proceedings statutory-interpretation |
Did the immigration court lack authority to remove Mr. Arroyo-Hernandez because he was not served a notice to appear that had a hearing time? |
| 20-7109 |
Raul Flores-Villalvaso v. United States |
Ninth Circuit |
2021-02-10 |
Denied |
Response WaivedIFP |
criminal-history criminal-procedure due-process illegal-reentry mens-rea sentencing sentencing-guidelines specific-intent |
Whether the 8 U.S.C. § 1326 Attempted Illegal Reentry mens rea element of 'specific intent' can be restated as simply 'a conscious desire' with no ref… |
| 20-6921 |
Elier Isai Marquez-Gonzalez v. United States |
Fifth Circuit |
2021-01-26 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure empirical-basis fifth-circuit illegal-reentry presumption-of-reasonableness sentencing-guidelines |
Whether a presumption of reasonableness on appeal does not apply to a sentence produced by the illegal reentry guideline, §2L1.2, because that guideli… |
| 20-967 |
Pedro Rodriguez-Garcia v. United States |
Fifth Circuit |
2021-01-15 |
Denied |
Response Waived |
collateral-attack due-process illegal-reentry immigration-law jurisdiction jurisdictional-challenge notice-to-appear removal-order removal-proceedings statutory-interpretation |
Did the immigration court lack authority to remove Mr. Rodriguez-Garcia because he was served a Notice to Appear that did not comply with federal law … |
| 20-6857 |
Luis Pina v. United States |
Fifth Circuit |
2021-01-14 |
Denied |
Response WaivedIFP |
due-process illegal-reentry immigration-law jurisdiction jurisdictional-challenge removal-order removal-orders separation-of-powers |
Whether the immigration court lacked jurisdiction to issue removal orders, violating separation of powers and due process |
| 20-6867 |
Noel Romero-Espinal v. United States |
Fourth Circuit |
2021-01-13 |
Denied |
Response WaivedIFP |
continuing-offense criminal-law criminal-procedure due-process federal-statute illegal-reentry immigration immigration-law sentencing statutory-interpretation united-states-code |
Whether illegally reentering the United States in violation of 8 U.S.C. §1326 is a continuing offense |
| 20-6794 |
Oscar Guevara Salamanca v. United States |
Sixth Circuit |
2021-01-07 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
constitutional-rights due-process federal-sentencing illegal-reentry judicial-discretion prior-conviction revocation-of-probation right-to-be-heard sentencing-enhancement state-sentencing |
May a federal district court enhance a federal sentence based on a prior sentence imposed by way of a clear and complete deprivation of the individual… |
| 20-6464 |
Benito Moreno-Rodriguez v. United States |
Fifth Circuit |
2020-11-27 |
Denied |
Response WaivedIFP |
collateral-attack due-process illegal-reentry immigration-court immigration-law jurisdictional-challenge notice-to-appear removal-order removal-proceedings statutory-interpretation |
Did the immigration court lack authority to remove Mr. Moreno because he was not served a notice to appear that had a hearing time? |
| 20-6462 |
Anastacio Castruita-Escobedo v. United States |
Fifth Circuit |
2020-11-27 |
Denied |
Response WaivedIFP |
collateral-attack due-process illegal-reentry immigration-court immigration-law jurisdiction jurisdictional-challenge notice-to-appear removal-order removal-proceedings statutory-interpretation |
Whether the immigration court lacked authority to remove Mr. Castruita-Escobedo because he was not served a notice to appear with a hearing time |
| 20-6362 |
Victor Manuel Avalos-Rivera v. United States |
Ninth Circuit |
2020-11-17 |
Denied |
Response WaivedIFP |
8-usc-1229 circuit-split illegal-reentry immigration-court immigration-law jurisdiction notice-to-appear removal-order statutory-interpretation |
Whether an immigration court lacks jurisdiction to issue an order of removal that can later be used as a basis for an illegal reentry criminal convict… |
| 20-6066 |
Rodolfo Segura-Virgen v. United States |
Fourth Circuit |
2020-10-20 |
Denied |
Relisted (2)IFP |
aggravated-felony civil-rights criminal-procedure deportation-order due-process fifth-amendment illegal-reentry immigration judicial-review pro-se-waiver removal-order |
Whether courts evaluating a prior removal order in the context of a criminal prosecution for illegal reentry are required to apply the law as it is no… |
| 20-5995 |
Edwin Virgilio Gomez v. United States |
Fifth Circuit |
2020-10-13 |
Denied |
Response WaivedIFP |
collateral-attack due-process illegal-reentry immigration-court immigration-law jurisdictional-challenge notice-to-appear removal-order removal-proceedings statutory-interpretation |
Did the immigration court lack authority to remove Mr. Gomez because he was not served a notice to appear that had a hearing time? |
| 20-5654 |
Aaron Jose Acuna-Duenas v. United States |
Fifth Circuit |
2020-09-10 |
Denied |
Response WaivedIFP |
due-process illegal-reentry immigration-court-jurisdiction immigration-law judicial-jurisdiction pereira-precedent pereira-v-sessions removal-orders separation-of-powers |
Whether the immigration court lacked jurisdiction to issue orders of removal, violating separation-of-powers and due-process |
| 20-5268 |
Luis Fernando Ramirez v. United States |
Fifth Circuit |
2020-08-06 |
Denied |
Response WaivedIFP |
collateral-attack due-process illegal-reentry immigration-law immigration-removal jurisdiction jurisdictional-challenge notice-to-appear removal-proceedings statutory-interpretation |
Did the immigration court lack authority to remove Ramirez because he was not served a notice to appear that had a hearing time? |
| 20-5227 |
Jesus Hernandez-Medrano v. United States |
Fifth Circuit |
2020-07-30 |
Denied |
Response WaivedIFP |
appellate-review due-process empirical-basis fifth-circuit illegal-reentry presumption-of-reasonableness reasonableness sentencing-guidelines |
Whether a presumption of reasonableness on appeal does not apply to a sentence produced by the illegal reentry guideline, §2L1.2, because that guideli… |
| 20-5077 |
Joaquin Mario Cipriano-Ortega v. United States |
Ninth Circuit |
2020-07-15 |
Denied |
Response WaivedIFP |
citizenship-classification citizenship-laws due-process equal-protection illegal-reentry morales-santana morales-santana-precedent ninth-circuit-review severability statutory-interpretation |
Whether the decision below conflicts with the Court's instruction in Sessions v. Morales-Santana, 137 S. Ct. 1678, 1699 n.24 (2017), that a defendant … |
| 19-8431 |
Ciro Cruz-Lopez v. United States |
Fifth Circuit |
2020-05-11 |
Denied |
Response WaivedIFP |
collateral-attack due-process illegal-reentry immigration-court immigration-law jurisdictional-challenge notice-to-appear removal-order removal-proceedings statutory-interpretation |
Did the immigration court lack authority to remove Mr. Cruz because he was not served a notice to appear that had a hearing time? |
| 19-8169 |
Jorge Madero-Gil v. United States |
Fifth Circuit |
2020-04-02 |
Denied |
Response WaivedIFP |
due-process illegal-reentry immigration-court immigration-law jurisdiction pereira-v-sessions removal-order removal-orders separation-of-powers |
Whether the immigration court lacked jurisdiction to issue orders of removal, violating separation-of-powers and due-process |
| 19-7996 |
Milton Mayorga v. United States |
Fifth Circuit |
2020-03-16 |
Denied |
IFP |
collateral-attack due-process illegal-reentry immigration-court-authority immigration-law immigration-removal jurisdiction jurisdictional-challenge notice-to-appear removal-proceedings statutory-interpretation |
Did the immigration court lack authority to remove Mr. Mayorga because he was not served a notice to appear that had a hearing time? |
| 19-7830 |
Pablo Antonio Pantaleon-Aviles v. United States |
Eleventh Circuit |
2020-03-09 |
Denied |
Response WaivedIFP |
confrontation-clause criminal-procedure deportation deportation-warrant evidence illegal-reentry immigration immigration-law sixth-amendment |
Whether a warrant of deportation admitted to prove an essential element of the offense of illegal reentry is subject to confrontation under the Sixth … |
| 19-7821 |
Juan Alberto Cantu-Siguero v. United States |
Fifth Circuit |
2020-02-28 |
Denied |
IFP |
civil-rights due-process illegal-reentry immigration immigration-court immigration-court-jurisdiction pereira-precedent pereira-v-sessions removal-order removal-orders separation-of-powers |
Whether the immigration court lacked jurisdiction to issue orders of removal, violating separation of powers and due process |
| 19-7753 |
Juan Ramon Pineda-Fernandez v. United States |
Fifth Circuit |
2020-02-24 |
Denied |
IFP |
collateral-attack due-process illegal-reentry immigration-law immigration-removal jurisdiction jurisdictional-challenge notice-to-appear removal-proceedings statutory-interpretation |
Whether the immigration court lacked authority to remove Mr. Pineda because he was not served a notice to appear that had a hearing time |
| 19-7446 |
Enrique A. Echeverria-Benitez v. United States |
Fifth Circuit |
2020-01-27 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure double-jeopardy fifth-circuit illegal-reentry plain-error retribution sentencing sentencing-guidelines supervised-release |
Whether the imposition of consecutive sentences for illegal reentry and revocation of supervised release was unreasonable and constituted reversible e… |
| 19-7410 |
Victor Manuel Mora-Galindo v. United States |
Fifth Circuit |
2020-01-24 |
Denied |
IFP |
collateral-attack due-process illegal-reentry immigration-court-jurisdiction immigration-law immigration-removal jurisdiction jurisdictional-challenge notice-to-appear procedural-due-process removal-proceedings statutory-interpretation |
Whether the immigration court lacked authority to remove the petitioner because he was not served a notice to appear that had a hearing time |
| 19-7394 |
Jeremias Guillen v. United States |
Eleventh Circuit |
2020-01-23 |
Denied |
Response WaivedIFP |
due-process illegal-reentry immigration-court jurisdiction notice notice-to-appear pereira-v-sessions removal-proceedings |
Where a Notice to Appear served on a noncitizen to initiate removal proceedings fails to state the date and time to appear, the noncitizen is never pr… |
| 19-7052 |
Jose Alexander Callejas Rivera v. United States |
Fifth Circuit |
2019-12-23 |
Denied |
IFP |
collateral-attack due-process illegal-reentry immigration-court-jurisdiction immigration-law jurisdiction jurisdictional-challenge pereira-v-sessions removal-order removal-orders separation-of-powers |
Whether the immigration court lacked jurisdiction to issue orders of removal, violating separation-of-powers and due-process |
| 19-6597 |
Thiodore Igorovich Galitsa v. United States |
Second Circuit |
2019-11-13 |
Denied |
Response WaivedIFP |
credibility criminal-history criminal-procedure-due-process cross-examination dismissed-case dismissed-charges due-process fair-trial false-statements illegal-reentry prior-arrests prior-convictions prosecutorial-misconduct trial-fairness |
Was Mr. Galitsa denied his right to a fair trial? |
| 19-6588 |
Carlos Javier Pedroza-Rocha v. United States |
Fifth Circuit |
2019-11-12 |
Denied |
IFP |
administrative-remedies collateral-attack due-process hearing-time illegal-reentry immigration-court immigration-court-authority immigration-law jurisdiction jurisdictional-challenge notice-to-appear removal-order removal-proceedings |
Did the immigration court lack authority to remove Mr. Pedroza because he was not served a notice to appear that had a hearing time? |
| 19-6364 |
Eduardo Duffy, aka Eduardo Duffy-Carrasco v. United States |
Ninth Circuit |
2019-10-23 |
Denied |
Response WaivedIFP |
citizenship-definition citizenship-laws constitutional-challenge conviction-review due-process equal-protection illegal-reentry judicial-precedent morales-santana severability statutory-interpretation |
Whether the decision below conflicts with the Court's instruction in Sessions v. Morales-Santana, 187 S. Ct. 1678, 1699 n.24 (2017), that a defendant … |
| 19-6088 |
Julian Madero-Diaz v. United States |
Ninth Circuit |
2019-09-27 |
Denied |
Response WaivedIFP |
citizenship citizenship-classification citizenship-laws constitutional-challenge criminal-procedure due-process equal-protection illegal-reentry immigration morales-santana morales-santana-precedent severability standing statutory-interpretation |
Whether the decision below conflicts with the Court's instruction in Sessions v. Morales-Santana, 137 S. Ct. 1678, 1699 n.24 (2017), that a defendant … |
| 19-5571 |
Carlos Eloy Garcia-Garcia v. United States |
Fifth Circuit |
2019-08-14 |
Denied |
Response WaivedIFP |
administrative-law administrative-procedure burden-of-proof criminal-law deportation due-process federal-criminal-law illegal-reentry immigration-law jurisdiction statutory-interpretation |
Whether an alien may be 'found' within the meaning of 8 U.S.C. §1326 before immigration authorities achieve actual knowledge of his or her actual pres… |
| 18-9490 |
Daniel George Brown v. United States |
Third Circuit |
2019-05-30 |
Denied |
Response WaivedRelisted (2)IFP |
6th-amendment criminal-prosecution deportation illegal-reentry immigration-law right-to-counsel sixth-amendment |
Whether an alien's Sixth Amendment right to counsel is violated in a criminal prosecution for illegal reentry following deportation, where the United … |
| 18-8807 |
Francisco Quintero-Corral v. United States |
Eleventh Circuit |
2019-04-15 |
Denied |
Response WaivedIFP |
apprendi-v-new-jersey aprendi-rule criminal-procedure due-process illegal-reentry indictment jury-trial prior-conviction sentencing sentencing-enhancement statutory-maximum |
Whether all facts- including the facts of a prior conviction- that increase a defendant's statutory maximum must be pleaded in the indictment and eith… |
| 18-6897 |
Victor Solorzano Tavia v. United States |
Eleventh Circuit |
2018-12-03 |
Denied |
Response WaivedIFP |
blakely-rule consecutive-sentences criminal-procedure double-jeopardy grade-c-violation illegal-reentry sentencing sentencing-guidelines statutory-maximum supervised-release |
Whether sentence for illegal reentry and sentence for violation of supervised release should have run concurrent to avoid double jeopardy |
| 18-6322 |
Gabino Medina Osorio v. United States |
Fifth Circuit |
2018-10-15 |
Denied |
Response WaivedIFP |
8-usc-1101 criminal-law due-process illegal-reentry immigration immigration-law sentencing-guidelines statutory-interpretation vagueness vagueness-doctrine |
Can a statute that this Court has held to be unconstitutionally void for vagueness nevertheless still be applied when incorporated by reference into t… |
| 18-5322 |
Santiago Hum Rodriguez-Aparicio v. United States |
Fifth Circuit |
2018-07-25 |
Denied |
IFP |
criminal-procedure discretionary-relief due-process fundamental-fairness illegal-reentry immigration immigration-law mendoza-lopez removal-order removal-proceeding uniformity |
Whether the failure to inform an alien of his eligibility for discretionary relief in a removal proceeding is a due process violation that can make th… |
| 18-5171 |
Erick Rolando Lopez-Mendez v. United States |
Fifth Circuit |
2018-07-09 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing due-process empirical-basis federal-sentencing illegal-reentry immigration presumption-of-reasonableness sentencing-guidelines |
Whether a sentence produced by the former illegal-reentry guideline, §2L1.2, is entitled to a presumption of reasonableness on appeal |
| 18-5036 |
Jerome Aristedes Martinez v. United States |
Fifth Circuit |
2018-06-29 |
Denied |
IFP |
circuit-split criminal-law general-intent illegal-reentry immigration immigration-law mens-rea specific-intent statutory-interpretation supreme-court-precedent |
Whether attempted illegal reentry is a specific-intent crime or a general-intent crime |