immigration-law
246 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-7046 | Simona Tanasescu v. United States, et al. | Ninth Circuit | 2026-03-17 | Pending | Response WaivedIFP | appellate-procedure due-process immigration-law judicial-immunity oath-of-office RICO-fraud | 1) Whether the Ninth Circuit refrained from acting upon its statutory duty to review Petitioner's appeal as a right, by using Circuit Rule 3-6(a) with… |
| 25-1081 | Wuendy Celeny Zapet-Alvarado, et al. v. Pamela Bondi, Attorney General | First Circuit | 2026-03-13 | Pending | administrative-law asylum extraordinary-circumstances immigration-law judicial-review statutory-interpretation | Whether the application of 8 U.S.C. § 1158(a)(2)(D)'s "changed . . . or extraordinary circumstances" exception to undisputed facts presents a "questio… | |
| 25-6989 | Jesus Herrera-Salazar v. United States | Tenth Circuit | 2026-03-09 | Pending | Response WaivedIFP | 8-USC-1326 criminal-procedure double-jeopardy-clause illegal-reentry immigration-law successive-prosecution | Whether the Double Jeopardy Clause prohibits a second prosecution for the crime of illegally reentry, specifically, the "found in" offense under 8 U.S… |
| 25A952 | Markwayne Mullin, Secretary, Department of Homeland Security, et al. v. Dahlia Doe, et al. | Second Circuit | 2026-02-26 | Application | Amici (4) | administrative-procedure-act executive-prerogative immigration-law judicial-review-preclusion secretary-of-homeland-security temporary-protected-status | Question not identified. |
| 25-6900 | Eliel Nunez Sanchez v. United States | Ninth Circuit | 2026-02-25 | Denied | Response WaivedIFP | administrative-remedies appeal-waiver due-process illegal-reentry immigration-law removal-order | When a person waives the right to appeal an immigration judge's removal order, but that waiver is invalid, has the person exhausted available administ… |
| 25-966 | Department of Labor, et al. v. Sun Valley Orchards, LLC | Third Circuit | 2026-02-17 | Pending | administrative-law article-iii h-2a-visa-program immigration-law public-rights-doctrine separation-of-powers | Whether Article III of the Constitution precludes Congress from assigning to the Secretary of Labor the initial adjudication of proceedings to collect… | |
| 25-6714 | Ivan Granillo v. United States | Ninth Circuit | 2026-02-04 | Pending | IFP | criminal-law federal-crime immigration-law mens-rea statutory-interpretation transportation | What mens rea is required for the element that the defendant transport or move the noncitizen "in furtherance " of a violation of law ? |
| 25-899 | Donald J. Trump, President of the United States, et al. v. O. Doe, et al. | First Circuit | 2026-01-30 | Pending | citizenship-clause constitutional-interpretation executive-order fourteenth-amendment immigration-law statutory-construction | Whether President Trump's Executive Order No. 14,160, 90 Fed. Reg. 8449 (Jan. 29, 2025), which identifies circumstances in which a person born in the … | |
| 25A675 | United States v. Leopoldo Rivera-Valdes | Ninth Circuit | 2025-12-09 | Application | deportation due-process immigration-law notice-requirements removal-order statutory-notice | Question not identified. | |
| 25-656 | In Re Rayon Payne | 2025-12-05 | Denied | Response Waived | due-process immigration-law judicial-review jurisdictional-conflict procedural-default supervisory-authority | 1. Whether this Court should exercise its supervisory authority under 28 U.S.C. §165 1(a) to resolve a structural conflict created when two federal… | |
| 25A640 | Tetiana Semeniuk v. Abdelrahman Abouelmagd | Second Circuit | 2025-12-02 | Denied | asylum-confidentiality child-protection domestic-violence family-separation immigration-law passport-restrictions | Question not identified. | |
| 25A564 | Baoming Chen v. Kristi Noem, Secretary of Homeland Security, et al. | Second Circuit | 2025-11-14 | Presumed Complete | agency-action circuit-split immigration-law judicial-review mootness voluntary-cessation | Whether a "voluntary cessation of offensive conduct will only moot litigation if it is clear that the defendant has not changed course simply to depri… | |
| 25-6088 | Andis Noe Cortez-Zepeda v. United States | Fifth Circuit | 2025-11-12 | Pending | IFP | administrative-procedure aggravated-felony due-process expedited-removal immigration-law statutory-interpretation | A noncitizen, unlawfully present in the United States, may be deported through an expedited removal if an immigration officer finds that the noncitize… |
| 25-5962 | Ismael Adan Ortiz-Rodriguez v. United States | Fifth Circuit | 2025-10-27 | Pending | Relisted (2)IFP | administrative-procedure aggravated-felony due-process expedited-removal immigration-law statutory-interpretation | A noncitizen, unlawfully present in the United States, may be deported through an expedited removal if an immigration officer finds that the noncitize… |
| 25-429 | Pamela Bondi, Attorney General v. Muk Choi Lau | Second Circuit | 2025-10-08 | Granted | Amici (5) | immigration-law inadmissibility-grounds lawful-permanent-resident parole removal-proceedings statutory-interpretation | Whether, to remove an LPR who committed an offense listed in Section 1182(a)(2) and was subsequently paroled into the United States, the government mu… |
| 25-364 | Donald J. Trump, President of the United States, et al. v. Washington, et al. | Ninth Circuit | 2025-09-29 | Pending | Relisted (2) | birthright-citizenship citizenship-clause constitutional-interpretation executive-order fourteenth-amendment immigration-law | The Citizenship Clause of the Fourteenth Amendment provides that those "born * * * in the United States, and subject to the jurisdiction thereof," are… |
| 25-365 | Donald J. Trump, President of the United States, et al. v. Barbara, et al. | First Circuit | 2025-09-29 | Granted | Amici (68)Relisted (2) | birthright-citizenship citizenship-clause constitutional-interpretation executive-order fourteenth-amendment immigration-law | The Citizenship Clause of the Fourteenth Amendment provides that those "born * * * in the United States, and subject to the jurisdiction thereof," are… |
| 25-363 | Victor Manuel Castro-Aleman, aka Alfredo Quinones Olmo v. United States | Fourth Circuit | 2025-09-26 | Denied | Amici (2) | discretionary-relief due-process fundamental-unfairness immigration-law judicial-procedure removal-proceedings | Whether an immigration judge's failure to inform an alien of the right to seek discretionary relief from removal violates due process and thus can con… |
| 25-5716 | Jesus Meraz-Ramirez v. United States | Fifth Circuit | 2025-09-24 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure felony-conviction immigration-law jury-trial sentencing-enhancement | Whether the existence of a pre-removal felony conviction under 8 U.S.C. § 1326(b) is an element of an enhanced offense that must be proven to a jury b… |
| 25-5365 | Omar Alonso Pazos-Montes v. United States | Fifth Circuit | 2025-08-14 | Denied | Response WaivedIFP | criminal-procedure due-process felony-conviction immigration-law jury-trial sentencing-enhancement | Whether the existence of a pre-removal felony conviction under 8 U.S.C. § 1326(b) is an element of an enhanced offense that must be proven to a jury b… |
| 25-5109 | In Re Maria Dolores Navarro Martin | 2025-07-15 | Denied | IFP | discretionary-power due-process federal-declaratory-judgment immigration-law jurisdiction statutory-interpretation | 1. The question presented is whether the District Court had jurisdiction of this suit under the Federal Declaratory Judgment Act. 2. Whether The Att… | |
| 25-5093 | Hector Manuel Nunez-Cardenas v. United States | Fifth Circuit | 2025-07-14 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure felony-conviction immigration-law jury-trial sentencing-enhancement | Whether the existence of a pre-removal felony conviction under 8 U.S.C. § 1326(b) is an element of an enhanced offense that must be proven to a jury b… |
| 25-5 | Markwayne Mullin, Secretary of Homeland Security, et al. v. Al Otro Lado, a California Corporation, et al. | Ninth Circuit | 2025-07-01 | Granted | Amici (16)Response RequestedResponse WaivedRelisted (3) | asylum-application border-entry immigration-law immigration-officer statutory-interpretation u.s.-mexico-border | The Immigration and Nationality Act, 8 U.S.C. 1101 et seq., provides that an alien who "arrives in the United States" may apply for asylum and must be… |
| 24-1288 | Monika Kapoor v. Vincent F. DeMarco, United States Marshal for the Eastern District of New York, et al. | Second Circuit | 2025-06-17 | Denied | convention-against-torture extradition habeas-corpus immigration-law judicial-review suspension-clause | 1. Whether Congress has stripped the federal courts of habeas jurisdiction over CAT claims by individuals facing extradition. 2. Whether application … | |
| 24-7432 | Eleazar Diaz-Balleza v. United States | Fifth Circuit | 2025-06-16 | Denied | Response WaivedIFP | criminal-procedure due-process felony-conviction immigration-law jury-trial sentencing-enhancement | Whether the existence of a pre-removal felony conviction under 8 U.S.C. § 1326(b) is an element of an enhanced offense that must be proven to a jury b… |
| 24-7148 | Julia Greenberg v. United States | Second Circuit | 2025-05-07 | Denied | Response WaivedIFP | criminal-statute document-fraud false-statement federal-criminal-law immigration-law statutory-interpretation | Whether the first paragraph of 18 U.S.C.A. §1546(a) reaches "authentic" immigration documents that are generated following a false statement (as oppos… |
| 24-1060 | Leticia T. Moreno, et al. v. Court of Appeal of California, Second Appellate District, Division Seven, et al. | California | 2025-04-08 | Denied | alien-registration confidentiality federal-preemption immigration-law regulatory-authority standing | Federal law fully occupies the field of alien registration. Arizona v. United States, 567 U.S. 387, . 401 (2012). Congress, the Attorney General, and … | |
| 24-6922 | Lorenzo Vazquez-Alba v. United States | Fifth Circuit | 2025-04-03 | Denied | Response WaivedIFP | federal-criminal-law illegal-entry immigration-law judicial-procedure sentencing statutory-interpretation | Did the district court properly enter judgment under both 8 U.S.C. § 1326(a) and (b)(2)? |
| 24-6595 | Martin Guadalupe Cardiel-Ruiz v. United States | Ninth Circuit | 2025-02-19 | Denied | Response WaivedIFP | administrative-appeal collateral-attack due-process immigration-law judicial-review removal-proceedings | Under Mendoza-Lopez, does a defendant satisfy § 1326(d)(1) (requiring only the exhaustion of "available" administrative remedies) and § 1326(d)(2) (re… |
| 24-834 | Evgeny Pistrak v. Kseniia Golubeva | Washington | 2025-02-05 | Denied | Response Waived | federal-preemption immigration-law maintenance-obligations spousal-support state-court supremacy-clause | 1. Whether the Supremacy Clause and federal immigration law preempt a state court from imposing maintenance obligations solely because a spouse lacks … |
| 24-817 | Edward Lasseville v. Superior Court of California, Los Angeles County, et al. | California | 2025-01-31 | Denied | Response Waived | alien-registration federal-preemption homeland-security immigration-law national-security state-regulation | Whether federal preemption bars California's Immigration Consultants Act from regulating practitioners and others assisting in alien registration. |
| 24-777 | Douglas Humberto Urias-Orellana, et al. v. Pamela Bondi, Attorney General | First Circuit | 2025-01-23 | Judgment Issued | Amici (9)Relisted (2) | administrative-law asylum-eligibility board-of-immigration-appeals immigration-law judicial-review refugee-status | Whether a federal court of appeals must defer to the BIA's judgment that a given set of undisputed facts does not demonstrate mistreatment severe enou… |
| 24-6345 | Mark Jones v. United States | Ninth Circuit | 2025-01-21 | Denied | Response WaivedIFP | civil-violation criminal-statute guilty-plea immigration-law ninth-circuit statutory-interpretation | 1. Whether "in violation of law" in 8 U.S.C. § 1324(a)(1)(A)(ii) is limited to criminal immigration violations (and does not include civil immigration… |
| 24-6316 | Antonio Ulises Barrera-Mackorty v. United States | Ninth Circuit | 2025-01-15 | Denied | IFP | constitutional-law due-process immigration-law naturalization statutory-interpretation vagueness-doctrine | Is Question No. 15 on the naturalization application (N-400), when considered in conjunction with 18 U.S.C. § 1425, void for vagueness and thus a viol… |
| 24A674 | Executive Office for Immigration Review, et al. v. Al Otro Lado, Inc., et al. | Ninth Circuit | 2025-01-10 | Presumed Complete | administrative-procedure-act asylum-seekers border-policy class-action-relief immigration-and-nationality-act immigration-law | Question not identified. | |
| 24-6245 | Brad A. Smith v. United States | First Circuit | 2025-01-08 | Denied | Response WaivedIFP | fifth-amendment fourth-amendment immigration-law interrogation-rights knock-and-talk sixth-amendment | Did authorities violate The Fourth, Fifth, andSixth Amendments to The United States Constitution when seeking to perform a "knock- and-talk" interroga… |
| 24-599 | United States, ex rel. Gregor Lesnik, et al. v. ISM VUZEM, d.o.o., et al. | Ninth Circuit | 2024-12-03 | Denied | administrative-procedure false-claims-act government-obligation immigration-law statutory-interpretation visa-fraud | Whether knowingly applying impermissibly for the less expensive B1 visas, rather than alternative petition-based visas, was knowingly and improperly "… | |
| 24-547 | Maria E. Smith v. Merrick B. Garland, Attorney General, et al. | Seventh Circuit | 2024-11-15 | Denied | Response Waived | administrative-procedure agency-discretion citizenship-petition due-process immigration-law record-inspection | Did the agency violate Mrs. Smith's due process rights by requiring that she rebut what it asserted was derogatory information but summarizing that in… |
| 24A444 | Antonio Ulises Barrera-Mackorty v. United States | Ninth Circuit | 2024-11-04 | Presumed Complete | constitutional-vagueness criminal-procedure federal-statute immigration-law naturalization supreme-court-jurisdiction | Question not identified. | |
| 24-5790 | Inmer Isai Mayorga-Jacinto v. United States | Ninth Circuit | 2024-10-21 | Denied | Response WaivedIFP | constitutional-law equal-protection immigration-law legislative-intent racial-discrimination statutory-interpretation | Whether a legislature can cleanse the taint of a racially discriminatory law by silent reenactment or amendment when the law was originally adopted fo… |
| 24-5766 | Gilberto Nicolas Campos v. United States | Ninth Circuit | 2024-10-16 | Denied | Response WaivedIFP | constitutional-law equal-protection immigration-law legislative-intent racial-discrimination statutory-interpretation | The government prosecuted Gilberto Campos under a statute with undisputed racist origins. Congress criminalized illegal reentry into the United States… |
| 24-401 | Ashok Kumar Cheejati, et al. v. Antony J. Blinken, Secretary of State, et al. | Fifth Circuit | 2024-10-10 | Denied | administrative-procedure agency-action immigration-law judicial-review statutory-interpretation withholding-claims | 1. Whether there is clear and convincing evidence that Congress intended 8 U.S.C. § 1252(a)(2)(B)(ii) to preclude judicial review of unlawful withhold… | |
| 24-5681 | Jacob Poole v. USCIS Pittsburgh Field Office | Third Circuit | 2024-10-01 | Denied | Response WaivedIFP | child-trafficking citizenship-revocation human-rights immigration-law medical-torture paramilitary-groups | 1. There are no military guards beating the Petitioner, restraining him, no persons hitting him bloody, keeping him behind locked doors visibly, shout… |
| 24-5614 | Hussein Kadhim Abood Khalaf v. United States | Eighth Circuit | 2024-09-23 | Denied | Response WaivedIFP | deportation-consequences immigration-law ineffective-assistance moral-turpitude padilla-standard plea-bargain | 1. When deportation consequences posed by a criminal charge are not clear, do attorneys render ineffective assistance by telling an indigent client th… |
| 24-303 | Julian Javier Pimienta Dominguez v. Maria del Carmen Rendon Quijada | Arizona | 2024-09-17 | Denied | Response Waived | domicile-requirements federal-preemption immigration-law nonimmigrant-visa territorial-jurisdiction visa-status | Whether federal law precludes the holder of a TD nonimmigrant visa from establishing domicile in Arizona. |
| 24-5520 | Cyril Nnadozie Okoli v. Shanita R. Tucker, et al. | First Circuit | 2024-09-11 | Denied | Response WaivedIFP | administrative-review agency-action due-process equal-protection immigration-law statutory-interpretation | 1)Whether the USCIS misinterpretation of 8 U.S.C. § 1154(c) is the permissible interpretation of the statute. 2)Whether 8 U.S.C. § 1154(c) required t… |
| 24-5455 | Nelson Alexis Colato-Gallardo v. United States | Ninth Circuit | 2024-09-04 | Denied | Response WaivedIFP | constitutional-law equal-protection immigration-law legislative-intent racial-discrimination statutory-interpretation | Whether a legislature can cleanse the taint of a racially discriminatory law by silent reenactment or amendment when the law was originally adopted fo… |
| 24-5417 | Joshual Lamar Davis v. Ian Maxfield, et al. | Fourth Circuit | 2024-08-29 | Denied | IFP | administrative-law constitutional-law due-process federal-jurisdiction immigration-law statutory-interpretation | Question not identified. |
| 24-184 | Xuejie He v. United States, et al. | Second Circuit | 2024-08-20 | Denied | Response WaivedRelisted (2) | civil-rights due-process en-banc-review equal-protection fourteenth-amendment immigration-law | The Proceeding involves a question of exceptional importance. The denial of Petition for a hearing or rehearing En banc for Proceedings directly on re… |
| 24-5281 | Alexander A. Fels v. Joseph R. Biden, Jr., President of the United States, et al. | Seventh Circuit | 2024-08-08 | Denied | Response WaivedIFP | constitutional-rights deportation due-process equal-protection immigration-law legal-status | 1) IS THE CURE STA ON 14 ARITODALS EQNERAL AGENC! ULU.d ) AN VREOEN DEVELOP MEST ANSWERING THE vst of MEOCHHE MALITVASA BY ALC THE RESIDES OF THE Ho v… |
| 24-5129 | Sergio Estrada-Maduena v. United States | Ninth Circuit | 2024-07-23 | Denied | Response WaivedIFP | civil-rights constitutional-review due-process equal-protection immigration-law legislative-intent racial-discrimination statutory-interpretation village-of-arlington-heights | Whether a legislature can cleanse the taint of a racially discriminatory law by silent reenactment or amendment when the law was originally adopted fo… |
| 24-5130 | Devon Nunes v. Merrick B. Garland, Attorney General | Third Circuit | 2024-07-23 | Denied | Response WaivedIFP | administrative-law equitable-tolling immigration-law ineffective-assistance-of-counsel judicial-review numerical-limits statutory-motion statutory-motions-to-reopen | The deadline to file a statutory motion to reopen under 8 U.S.C. § 1229a(c)(7) is subject to equitable tolling; all the courts of appeals are in agree… |
| 23-7732 | Jose Edgar Hernandez v. Texas | Texas | 2024-06-17 | Denied | Relisted (2)IFP | administrative-law civil-rights constitutional-law constitutional-rights due-process free-speech immigration-law judicial-review migrants-rights standing takings | The OCR text provided is too degraded and illegible to accurately extract the "Question(s) Presented" section. While a "QUESTION(S) PRESENTED" header … |
| 23A1091 | Jackson Peter Chiwanga v. Merrick B. Garland, Attorney General | Fifth Circuit | 2024-06-06 | Denied | aggravated-felony domestic-assault federal-interpretation fifth-circuit immigration-law state-criminal-law | Whether federal authorities can ignore a State classification of its own law when determining whether a conviction constitutes an aggravated felony un… | |
| 23-1270 | Pierre Yassue Nashun Riley v. Pamela Bondi, Attorney General | Fourth Circuit | 2024-06-04 | Judgment Issued | Amici (13)Relisted (2) | board-of-immigration-appeals convention-against-torture immigration-law jurisdictional-deadline petition-for-review removal-proceedings | Petitioner Pierre Riley, ineligible for cancellation of removal or discretionary relief from removal, sought deferral in withholding-only proceedings,… |
| 23-7560 | David Darnell Whitehead v. United States | Fourth Circuit | 2024-05-24 | Denied | Response WaivedIFP | alien-smuggling border-crossing criminal-intent criminal-procedure designated-port-of-entry illegal-immigration immigration-law mens-rea port-of-entry statutory-interpretation sufficiency-of-evidence | I. IN AN ILLEGAL ALIEN SMUGGLING CASE, WHAT CONSTITUTES BRINGING TO OR ENTERING THE UNITED STATES "AT A PLACE OTHER THAN A DESIGNATED PORT OF ENTRY", … |
| 23-7456 | Eric Romero-Lobato v. United States | Ninth Circuit | 2024-05-10 | Denied | Response WaivedIFP | 8-usc-1252b compelling-circumstances deportation deportation-order immigration-law in-absentia in-absentia-proceeding minority-status noncitizen-status presumption-of-regularity statutory-interpretation | L. Whether the minority status of a noncitizen at the time an in absentia deportation order is issued falls among the compelling circumstances suffici… |
| 23-7347 | J. Guadalupe Figueroa-Juarez v. United States | Ninth Circuit | 2024-04-30 | Denied | Response WaivedIFP | civil-rights due-process equal-protection immigration immigration-law legislative-intent mass-incarceration racial-discrimination statutory-interpretation | Whether a legislature can cleanse the taint of a racially discriminatory law by silent reenactment or amendment when the law was originally adopted fo… |
| 23-7299 | In Re Devon Armond Gayles | 2024-04-24 | Denied | IFP | administrative-procedure civil-rights constitution constitutional-rights deportation due-process immigration-law nationality-and-status non-citizen-status original-jurisdiction supreme-court-review treaties | Question not identified. | |
| 23-7217 | Julio Ruiz Chuta v. United States | Eleventh Circuit | 2024-04-12 | Denied | Response WaivedIFP | criminal-law criminal-penalties de-minimis de-minimis-exception family-friend financial-gain human-smuggling immigration immigration-law sentencing statutory-interpretation | Whether a prosecution under the enhanced penalties of 8 U.S.C. § 1324(a)(2)(B)(ii) can be sustained where the "private financial gain" involved is a d… |
| 23-7208 | Abiy Yifru v. United States | Federal Circuit | 2024-04-11 | Denied | Response WaivedIFP | civil-rights constitutional-rights consular-discretion counsel due-process employment-contract immigration immigration-law property-interest takings takings-clause | A consular officer issued a visa to an alien, without executing the application under oath as required by statute. Nevertheless, the officer exacted h… |
| 23-1027 | In Re Palani Karupaiyan | 2024-03-19 | Denied | administrative-law civil-procedure civil-rights corporate-governance corporate-misconduct due-process employment-discrimination immigration-law outsourcing-practices standing treasury-recovery visa-fraud | Petitioners' prayed over 8 reliefs were as Writ of Mandamus, Prohibition or alternative so the questions were part of three test condition requirement… | ||
| 23-7026 | Pedro Valencia-Ayala v. United States | Ninth Circuit | 2024-03-19 | Denied | Response WaivedIFP | civil-rights constitutional-review discriminatory-purpose equal-protection immigration-law legislative-intent mass-incarceration racial-discrimination statutory-interpretation | Whether a legislature can cleanse the taint of a racially discriminatory law by silent reenactment or amendment when the law was originally adopted fo… |
| 23-6851 | Praxedis Saul Portillo-Gonzalez v. United States | Ninth Circuit | 2024-02-28 | Denied | Response WaivedIFP | administrative-remedies collateral-attack due-process exhaustion-of-remedies immigration immigration-law judicial-review removal-order | 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… |
| 23-928 | Yun Zheng, aka Wendy Zheng, and Yan Qiu Wu, aka Jason Wu v. United States | Sixth Circuit | 2024-02-27 | Denied | circuit-split harboring-aliens harmless-error immigration-law jury-instruction jury-instructions mens-rea neder-v-united-states | (i) Whether a jury instruction under 8 U.S.C. § 1324(a)(1)(A)(ii), which prohibits the "harbor[ing]" of anyone who is in the United States illegally, … | |
| 23-929 | Hugo Abisai Monsalvo Velazquez v. Pamela Bondi, Attorney General | Tenth Circuit | 2024-02-27 | Judgment Issued | Amici (3)Relisted (2) | administrative-procedure deadline-calculation immigration-law post-decision-motion removal-proceedings voluntary-departure | When a noncitizen's voluntary-departure period ends on a weekend or public holiday, is a motion to reopen filed the next business day sufficient to av… |
| 23-6596 | Kenneth Roshaun Reid v. United States District Court for the District of South Carolina | Fourth Circuit | 2024-01-26 | Denied | Response WaivedIFP | board-of-immigration-appeals child-status-protection-act criminal-procedure discretion discretionary-review fair-sentencing-act immigration-law plain-error priority-date retroactivity sentencing statutory-interpretation | Question not identified. |
| 23-6206 | Ken Ejimofor Ezeah v. United States | Tenth Circuit | 2023-12-08 | Denied | Response WaivedIFP | 28-usc-2241 28-usc-2255 custody habeas-corpus immigration-law judicial-review noncitizen-rights removal-order savings-clause statutory-interpretation successive-petitions | DOES THE DORMANT COMMERCE CLAUSE IN SECTION 12(C) ALLOW THE COURT JURISDICTION OVER A PERSON'S GOODS, PATENT, CUSTOM AUTHORITY, SINCE 22 U.S.C. SECTIO… |
| 23-583 | Amina Bouarfa v. Alejandro Mayorkas, Secretary of Homeland Security, et al. | Eleventh Circuit | 2023-11-30 | Judgment Issued | Amici (9)Relisted (3) | administrative-law circuit-split immigration-law judicial-review nondiscretionary-criteria revocation visa-petition | Whether a visa petitioner may obtain judicial review when an approved petition is revoked on the basis of nondiscretionary criteria. |
| 23-348 | Kristen H. Colindres, et al. v. Department of State, et al. | District of Columbia | 2023-10-03 | Denied | Relisted (3) | civil-rights constitutional-law constitutional-limitations consular-nonreviewability due-process equal-protection free-speech immigration immigration-law judicial-review standing | Whether the doctrine of consular nonreviewability insulates from judicial review a consular decision that lacks both a facially legitimate and bona fi… |
| 23-334 | Department of State, et al. v. Sandra Muñoz, et al. | Ninth Circuit | 2023-09-29 | Judgment Issued | Amici (16)Relisted (2) | constitutional-rights consular-nonreviewability consular-officer due-process immigration-law immigration-nationality-act standing statutory-interpretation visa-application visa-denial | Under the Immigration and Nationality Act (INA), 8 U.S.C. 1101 et seq., the decision to grant or deny a visa application rests with a consular officer… |
| 23-5502 | Juan Antonio Hernandez-Lopez v. United States | Fifth Circuit | 2023-09-01 | Denied | Relisted (2)IFP | constitutional-law discriminatory-purpose disparate-impact due-process equal-protection immigration-law racial-discrimination statutory-interpretation | When a law is originally adopted for an impermissible racially discriminatory purpose and continues to have a disparate impact, do subsequent amendmen… |
| 23-115 | Fathi Elltaif Saad Elldakli, et al. v. Merrick B. Garland, Attorney General, et al. | Fifth Circuit | 2023-08-04 | Denied | administrative-procedure-act agency-action citizenship-and-immigration-services final-agency-action immigration-law judicial-review removal-proceedings status-adjustment | Whether a status-adjustment decision by the United States Citizenship and Immigration Services constitutes final agency action within the meaning of t… | |
| 23-5275 | Ambrosio Nolasco-Ariza v. United States | Fifth Circuit | 2023-08-03 | Denied | Response RequestedResponse WaivedRelisted (3)IFP | constitutional-law discriminatory-purpose disparate-impact due-process equal-protection fifth-amendment immigration-and-nationality-act immigration-law racial-discrimination statutory-interpretation undesirable-aliens-act | 1. When a law is originally adopted for an impermissible racially discriminatory purpose and continues to have a disparate impact, do subsequent amend… |
| 23-5099 | Dustin Jolly v. United States | Sixth Circuit | 2023-07-13 | Denied | Response WaivedIFP | categorical-approach circuit-split criminal-law criminal-sentencing deportation immigration immigration-law statutory-interpretation supreme-court-precedent | The Sixth Circuit has declined to apply the Supreme Court's decisions in Lopez v. Gonzales, 549 U.S. 47 (2006), Carachuri-Rosendo v. Holder, 560 U.S. … |
| 23-22 | Save Jobs USA v. Department of Homeland Security, et al. | District of Columbia | 2023-07-06 | Denied | administrative-law agency-authority department-of-homeland-security employment-authorization executive-power immigration-law major-questions-doctrine nonimmigrant-visas statutory-interpretation | 1. Are the statutory terms defining nonimmigrant visas in 8 U.S.C. § 1101(a)(15) mere threshold entry requirements that cease to apply once an alien i… | |
| 23-16 | Axel Rietschin v. Dominika Rietschin | Washington | 2023-07-05 | Denied | Response WaivedRelisted (3) | civil-court civil-procedure due-process family-law federal-jurisdiction immigration-law immigration-status marriage-proceedings non-immigrant-aliens state-jurisdiction statutory-interpretation | Can a State civil Court assert jurisdiction in private matters over non-immigrant aliens admitted temporarily under 8 U.S.C. § 1184? |
| 22-7795 | Gregory Ifesinachi Ezeani v. Laura B. Zuchowski, Director, United States Citizenship and Immigration Services, Vermont Service Center | Second Circuit | 2023-06-15 | Denied | IFP | 14th-amendment 4th-amendment 8th-amendment administrative-law administrative-procedure appeal-suppression civil-rights constitutional-rights due-process federal-officials immigration-law | Briefly, the plaintiff who is a native and citizen of Nigeria arrived in United states from Canada for engineering graduate studies. The plaintiff sin… |
| 22-7677 | Francis Okiemute Akpore v. United States | Eleventh Circuit | 2023-05-31 | Denied | Response WaivedIFP | civil-rights constitutional-protections due-process federal-tort-claims-act immigration immigration-law jurisdiction obstruction-of-justice removal removal-proceedings subject-matter-jurisdiction | Does 8 U.S.C. 1252(g) strip the district court of subject matter jurisdiction to hear a noncitizen's FTCA claim of wrongful removal in violation of a … |
| 22-7616 | Milton Mendoza v. United States | Ninth Circuit | 2023-05-23 | Denied | Response WaivedIFP | administrative-law immigration-law immigration-removal notice-to-appear removal-proceedings separation-of-powers statutory-interpretation time-and-place ultra-vires | Whether a putative notice to appear that does not contain the time and place of removal proceedings, in violation of 8 U.S.C. § 1229(a)(1)(G), is ultr… |
| 22-7541 | Luis Nunez-Romero v. United States | Ninth Circuit | 2023-05-12 | Denied | Response WaivedIFP | 8-usc-1229 administrative-law due-process immigration-law immigration-removal notice-to-appear removal-order removal-proceedings statutory-interpretation ultra-vires | Whether a putative notice to appear that does not contain the time and place of removal proceedings, in violation of 8 U.S.C. § 1229(a)(1)(G), is ultr… |
| 22-1071 | Washington Alliance of Technology Workers v. Department of Homeland Security, et al. | District of Columbia | 2023-05-04 | Denied | Amici (7) | 8-usc-1101 administrative-law department-of-homeland-security due-process employment-authorization immigration immigration-law immigration-procedure nonimmigrant-visas statutory-interpretation | 1. Are the statutory terms defining nonimmigrant visas in 8 U.S.C. § 1101(a)(15) mere threshold entry requirements that cease to apply once an alien i… |
| 22-7269 | Melchor Karl T. Limpin v. Robert B. C. McSeveney, Judge, United States Immigration Court, et al. | Ninth Circuit | 2023-04-13 | Denied | Response WaivedIFP | civil-rights due-process equal-protection fifth-amendment fourth-amendment immigration immigration-law probable-cause warrant-clause | (1) Whether the statute 8 U.S.C. § 1226(a) ("On a warrant issued by the Attorney General, an alien may be arrested. ..") is constitutionally impermiss… |
| 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 | I. 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… |
| 22-7095 | Efrain Avila-Flores v. United States | Fourth Circuit | 2023-03-24 | Denied | IFP | 8-usc-1326d administrative-procedure circuit-split due-process fundamental-fairness fundamental-unfairness immigration-law removal-proceedings statutory-interpretation | Whether a failure to advise an unrepresented alien in removal proceedings about relief for which he is apparently eligible, is a defect that can rende… |
| 22-884 | Merrick B. Garland, Attorney General v. Varinder Singh | Ninth Circuit | 2023-03-14 | Judgment Issued | Relisted (2) | administrative-law due-process immigration-law in-absentia-order notice-requirement notice-requirements removal-proceeding removal-proceedings rescission statutory-interpretation | 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 req… |
| 22-6962 | Antonio Rosas-Ramirez v. United States | Ninth Circuit | 2023-03-07 | Denied | Response WaivedIFP | administrative-procedure claim-processing-rule enforcement-action executive-branch immigration-law immigration-removal legislative-rule notice-to-appear statutory-requirement statutory-requirements | In order to initiate immigration removal proceedings under 8 U.S.C. § 1229(a), the government must serve a single notice to appear (NTA) containing al… |
| 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… |
| 22-582 | United States v. Jose Felipe Hernandez-Calvillo, et al. | Tenth Circuit | 2022-12-22 | GVR | Relisted (2) | constitutional-challenge constitutional-law criminal-law criminal-prohibition first-amendment free-speech immigration immigration-law overbreadth-doctrine statutory-interpretation | Whether the federal criminal prohibition against conspiring to encourage or induce unlawful immigration, in violation of 8 U.S.C. 1324(a)(1)(A)(iv) an… |
| 22-6347 | Manuel Alejandro Sanchez v. United States | Ninth Circuit | 2022-12-20 | Denied | Response WaivedIFP | 8-usc-1229 bastide-hernandez-v-united-states due-process immigration-court-jurisdiction immigration-law nix-chaves-v-barr notice-to-appear pereira-v-sessions removal-proceedings statutory-interpretation subject-matter-jurisdiction | 1. Whether the United States' initiating removal proceedings against a noncitizen with a "Notice to Appear" that fails to include the date and time of… |
| 22-6281 | Juan Carlos Bastide-Hernandez v. United States | Ninth Circuit | 2022-12-12 | Denied | Response WaivedIFP | 8-usc-1229 circuit-court-rulings circuit-split immigration-law notice-to-appear removal-proceedings statutory-interpretation subject-matter-jurisdiction | Whether the United States' initiating removal proceedings against a noncitizen with a "Notice to Appear" that fails to include the date and time of th… |
| 22-6250 | Matthew James Dury v. United States | Fourth Circuit | 2022-12-07 | Denied | Response WaivedIFP | alias citizenship-status civil-rights criminal-procedure deportation due-process immigration immigration-law legal-residency naturalization permanent-residency | NO United States Judge has the Authority to Order a Foreign Born Defendant to Violate United States Laws. No Non US Citizen Can serve Supervised Rele… |
| 22-6228 | Giovanny Sanchez-Juarez v. United States | Fifth Circuit | 2022-12-06 | Denied | Response WaivedIFP | apprendi-v-new-jersey constitutional-law criminal-procedure immigration-law indictment sentencing sentencing-enhancement sixth-amendment statutory-interpretation statutory-maximum | Whether Almendarez-Torres v. United States, 523 U.S. 224 (1998) was wrongly decided, allowing for the provisions of 8 U.S.C. § 1326(b)(1) and (2) deal… |
| 22-6095 | Owen Garth Hinkson v. United States | Fifth Circuit | 2022-11-18 | Denied | Response WaivedIFP | aggravated-felony appellate-waiver constitutional-challenge criminal-procedure due-process immigration immigration-law ineffective-assistance sentencing sentencing-enhancement vacated-conviction | Whether the district court can sentence Mr. Owen Garth Hinkson, to a statute of 8 U.S.C. § 1326(b)(2), 20 years imprisonment when his 1987 Massachuset… |
| 22-331 | Merrick B. Garland, Attorney General v. Fernando Cordero-Garcia, aka Fernando Cordero | Ninth Circuit | 2022-10-07 | Judgment Issued | Relisted (2) | circuit-split criminal-law due-process federal-jurisdiction immigration immigration-law obstruction-of-justice statutory-interpretation witness-dissuasion | Whether dissuading a witness from reporting a crime, in violation of California law, is "an offense relating to obstruction of justice," 8 U.S.C. 1101… |
| 22-5729 | Jose Madrid-Becerra v. United States | Ninth Circuit | 2022-09-30 | Denied | Response WaivedIFP | criminal-history criminal-procedure deportation early-release federal-criminal-defendants immigration immigration-law sentencing-guidelines state-statutes | Several states have or had statutes authorizing the early release of state prisoners with deportation orders to the United States Immigration and Natu… |
| 22-5698 | Robert L. Davis v. Julian Holt, et al. | Eleventh Circuit | 2022-09-27 | Denied | Relisted (2)IFP | 42-usc-1983 appeal-process civil-procedure civil-rights due-process federal-courts forged-document hearing-rights immigration-law judicial-procedure non-citizen-rights standing | QUESTION ONE Does Federal Rules oF Civil Procedure Allow A PriSoner TO File A Non H2 U.S.C.81983 CiVil Suit In Federal Counts ? QUESTION TWO Can A Pe… |
| 22-5553 | Rafael Villagomez-Troche v. United States | Ninth Circuit | 2022-09-12 | Denied | Response WaivedIFP | 8-usc-1229 administrative-law court-jurisdiction immigration-law jurisdiction notice-to-appear removal-proceedings statutory-interpretation statutory-jurisdiction | Whether service of a "notice to appear" that complies with 8 U.S.C. § 1229(a)(1) is required to vest jurisdiction in an immigration court over removal… |
| 22-179 | United States v. Helaman Hansen | Ninth Circuit | 2022-08-29 | Judgment Issued | Amici (15)Relisted (2) | 8-usc-1324 commercial-advantage constitutional-challenge criminal-prohibition first-amendment immigration immigration-law overbreadth overbreadth-doctrine private-financial-gain statutory-interpretation | Whether the federal criminal prohibition against encouraging or inducing unlawful immigration for commercial advantage or private financial gain, in v… |
| 22-5456 | Min Jeong Kim v. United States Citizenship and Immigration Services | Fourth Circuit | 2022-08-29 | Denied | Response WaivedRelisted (2)IFP | administrative-law agency-discretion civil-procedure due-process federal-jurisdiction federalism immigration-law judicial-review jurisdiction standing statutory-interpretation | h a.\re. ^7 im7iA(?-^ k.lrUf~h^y^ fo\octflSr-<?*T^e -fei er&\ J (Arls^^t,-h does £(r£i/tf4- IA. 0 <9v/er d? ia avy <9-h?cfc<?r (/ (JUW^V o?\>V^0<S?0\… |
| 22-23 | Jean Francois Pugin v. Merrick B. Garland, Attorney General | Fourth Circuit | 2022-07-07 | Judgment Issued | Amici (2)Relisted (3) | aggravated-felony board-of-immigration-appeals chevron-deference immigration-law immigration-nationality-act obstruction-of-justice statutory-interpretation | Under the Immigration and Nationality Act (INA), a noncitizen who is convicted of an "aggravated felony" is subject to mandatory removal and faces enh… |
| 21-8229 | Juan Jesus Barrieta-Barrera v. United States | Fifth Circuit | 2022-06-24 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | circuit-split collateral-estoppel criminal-law criminal-sentencing due-process immigration immigration-law judicial-precedent prior-conviction sentencing statutory-interpretation | Section 1326(b)(2) of Title 8 provides an elevated penalty for illegally re-entering the country following an "aggravated felony." Does a district cou… |
| 21-1536 | Arvind Gupta v. Headstrong, Inc., et al. | Second Circuit | 2022-06-07 | Denied | administrative-law civil-procedure contract-law employment-law h1b-visa immigration-law nonimmigrant-worker settlement-agreement wage-and-hour wage-hour-violations | Whether employers can have a legally enforceable private settlement and release agreement with the nonimmigrant worker in violation of 'INA ' requirem… | |
| 21-1446 | Simin Nouritajer, et al. v. Ur M. Jaddou, Director, United States Citizenship and Immigration Services, et al. | Second Circuit | 2022-05-17 | Denied | administrative-law agency-action immigrant-petition immigration immigration-law judicial-review standing statutory-interpretation | Whether considering the strong presumption of jurisdiction to review agency action repeatedly recognized by this Court, 8 U.S.C. §1155 and 8 U.S.C. §1… | |
| 21-1436 | Leon Santos-Zacaria, aka Leon Santos-Sacarias v. Merrick B. Garland, Attorney General | Fifth Circuit | 2022-05-12 | Judgment Issued | Amici (3) | administrative-exhaustion administrative-law circuit-split exhaustion-of-remedies immigration-law judicial-review jurisdiction jurisdictional-requirement removal-proceedings statutory-interpretation | Whether Section 1252(d)(1)'s exhaustion requirement is jurisdictional, or merely a mandatory claims-processing rule that may be waived or forfeited. … |
| 21-7590 | Stephen Izuchukwu Onwuzulike v. Merrick B. Garland, Attorney General | Third Circuit | 2022-04-12 | Denied | Response WaivedIFP | civil-rights deportation due-process immigration immigration-law judicial-discretion jurisdiction non-citizen-rights procedural-review standing takings | Intexpretation ofimmigration juristiction 1. Inconsistency towards Power o 1-130 application petition. 2 Due poe ation ouppsin poper appeppica to cr… |
| 21-7549 | Ernesto Palacios-Martinez v. United States | Fifth Circuit | 2022-04-05 | Denied | Response WaivedIFP | apprendi-v-new-jersey constitutional-law criminal-procedure immigration-law indictment sentencing sentencing-enhancement sixth-amendment statutory-interpretation statutory-maximum | Whether Almendarez-Torres v. United States, 523 U.S. 224 (1998) was wrongly decided, allowing for the provisions of 8 U.S.C. § 1326(b)(1) and (2) deal… |
| 21-7553 | Larry David Davis v. Dexter Payne, Director, Arkansas Division of Correction | Eighth Circuit | 2022-04-05 | Denied | Response WaivedIFP | 4th-amendment 5th-amendment 6th-amendment administrative-procedure civil-rights discretionary-relief due-process immigration-law ineffective-assistance judicial-review motion-to-reopen speedy-trial | 1. IF I was Convicted on anly a Thumbprint that belong to 13 difFerent individuals, but 12 oF the people isunknown to the Fingerprint Analyst who test… |
| 21-7398 | Ricardo Rizo-Rizo v. United States | Ninth Circuit | 2022-03-16 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | criminal-law immigration immigration-law mens-rea ninth-circuit presumption-of-mens-rea public-welfare-exception public-welfare-offense statutory-interpretation | Whether 8 U.S.C. § 1325(a)(1) fits under the public-welfare/regulatory exception to the presumption of mens rea when the statute does not involve "dan… |
| 21-1219 | Estela Mabel Argueta Romero v. Alejandro N. Mayorkas, Secretary of Homeland Security, et al. | Eleventh Circuit | 2022-03-08 | Denied | administrative-law immigration immigration-law judicial-review jurisdiction notice-to-appear order-of-removal removal removal-proceedings statutory-interpretation | Whether a noncitizen who leaves the United States after receiving notice to appear at a removal hearing, but before receiving an order of removal, is … | |
| 21-7261 | Ezeani Gregory Ifesinachi v. Guy Cirillo, Warden | Third Circuit | 2022-03-03 | Denied | Response WaivedIFP | administrative-law civil-rights constitutional-rights due-process government-misconduct habeas-corpus immigration-law judicial-review procedural-inconsistency state-court | Question not identified. |
| 21-7209 | Juan Alfonso Nuno-Velasco v. Steve Sisolak, Governor of Nevada | Nevada | 2022-02-25 | Denied | Response WaivedIFP | administrative-procedure civil-rights consular-agreement discretionary-decision due-process foreign-national-rights foreign-nationals immigration-law jurisdictional-challenge standing treaty-interpretation | s 77? ere a /epa/ pm mat /mmum me/i To d/$rppara /ersfsde fyree/nea/c/i 0edpneyd/d<ds/zr/ts Treaty of dnSa/ak. acccss io fori-eyn nad/ond u/Km axepl… |
| 21-6815 | Noe Flores-Perez v. United States | Sixth Circuit | 2022-01-11 | Denied | IFP | administrative-remedies administrative-remedy exhaustion-doctrine immigration-law in-absentia in-absentia-proceeding judicial-review notice-requirements removal-order removal-proceedings | After a non-citizen is removed, 8 U.S.C. § 1326(a) criminalizes his return without authorization. A non-citizen charged with illegally re-entering the… |
| 21-954 | Joseph R. Biden, Jr., President of the United States, et al. v. Texas, et al. | Fifth Circuit | 2021-12-29 | Judgment Issued | Amici (24) | administrative-discretion administrative-law agency-discretion border-policy due-process homeland-security immigration-law immigration-policy judicial-review statutory-interpretation | 1. Whether 8 U.S.C. 1225 requires DHS to continue implementing MPP. 2. Whether the court of appeals erred by concluding that the Secretary's new deci… |
| 21-6445 | Ruben Vazquez-Ovalle v. United States | Fifth Circuit | 2021-11-29 | Denied | Response WaivedIFP | due-process illegal-reentry immigration-law jurisdiction notice-to-appear removal-proceedings statutory-interpretation | Did the immigration court lack authority to remove Vazquez because he was not served a notice to appear that had a hearing time? |
| 21-6378 | Severo Garcia-Meza v. United States | Sixth Circuit | 2021-11-23 | Denied | Response WaivedIFP | administrative-law board-of-immigration-appeals civil-rights compassionate-release cruel-and-unusual-punishment due-process immigration-law incarceration ineffective-assistance judicial-review sentencing | l - At 0(S<ftAxS (Lozzt-sC /y\ 9~ 4Z-&~y 5cC.&p oiJ /V DCrf(r^PAtJT vj eJ/UGlfJM' ^^<Sl'PCt^C~ f/vom*-S f-J {$- <J,-S.C.i5S3C^ luJtfoi Oe«n<-*AtuhJCr … |
| 21-6287 | Mario Hernandez-Galarza v. United States | Eleventh Circuit | 2021-11-17 | Denied | Response WaivedIFP | criminal-history discrimination due-process equal-protection fifth-amendment immigration-law liberty noncitizen-rights sentencing-guidelines | In 2016, the United States Sentencing Commission promulgated United States Sentencing Guideline (U.S.S.G.) § 2L1.2(b)(3), which applies exclusively to… |
| 21-6228 | Juan Antonio Gonzalez-Urena v. United States | Ninth Circuit | 2021-11-10 | Denied | Response WaivedIFP | administrative-law due-process immigration-court immigration-law jurisdiction notice-to-appear statutory-interpretation statutory-requirements | When a notice to appear fails to include information required by statute and/or regulation, does the immigration court lack jurisdiction over the matt… |
| 21-6205 | Emem Ufot Udoh v. Nate Knutson, Warden | Eighth Circuit | 2021-11-05 | Denied | Response WaivedIFP | actual-innocence administrative-law constitutional-vagueness covid-19 covid-19-impact crime-of-violence deportation due-process immigration immigration-law | In light of the recent binding precedent of this court, dated April 17, 2018, in Session v. Dimaya, 200 L. Ed 2d 549, 138 S Ct. 1204, affirming the Ni… |
| 21-6100 | Rodrigo Martinez-Mendoza v. United States | Fourth Circuit | 2021-10-27 | Denied | Response WaivedIFP | appellate-review clear-error clear-error-standard due-process factual-findings immigration immigration-law law-enforcement-testimony public-confidence standard-of-review | The "Clear Error" standard of review has been criticized as "elastic, capacious, malleable, and above all variable." Edward H. Cooper, Civil Rule 50(A… |
| 21-5763 | Hamid Michael Hejazi v. Downtown Eugene, Inc. | Oregon | 2021-09-23 | Denied | IFP | administrative-procedure appellate-review board-of-immigration-appeals civil-procedure due-process immigration-law jurisdiction jurisdictional-challenge service-of-notice service-of-process standing | 1) was the Appelate Commissiones justified in dismissing vice of the filed notice of appeal vpan all advesse partieseal, and as it was tre, based on t… |
| 21-5747 | Juan Carlos Osorto v. United States | Eleventh Circuit | 2021-09-22 | Denied | Response WaivedIFP | criminal-history due-process equal-protection federal-agencies immigration-law noncitizen-rights noncitizens sentencing-guidelines | In 2016, the United States Sentencing Commission promulgated United States Sentencing Guideline (USSG) § 2L1.2(b)(3), which applies exclusively to non… |
| 21-5752 | Ivan Alexandrovich Vetcher v. Immigration and Customs Enforcement, et al. | Fifth Circuit | 2021-09-22 | Denied | Response WaivedIFP | access-to-court civil-rights controlled-substances court-access-rights deportation-challenge dismissal-with-prejudice due-process immigration immigration-law pleadings pro-se pro-se-pleading | Did DC and COA properly apply the requirements for pleadings as applied in most circuits? Did DC and COA deny Vetcher's right to amend? |
| 21-5524 | Miguel Andres Lara-Unzueta v. United States | Ninth Circuit | 2021-08-30 | Denied | Response WaivedIFP | 8-usc-1252 8-usc-1326 deportation deportation-proceeding due-process immigration-law judicial-review procedural-rights removable-alien | I. 1. Does a deportation proceeding deprive a removable alien of the opportunity for judicial review under 8 U.S.C. §1326(d)(2) where neither the IJ… |
| 21-199 | Mohammad Sharif Khalil v. Ur Jaddou, Director, United States Citizenship and Immigration Services, et al. | Ninth Circuit | 2021-08-11 | Denied | asylum-status immigration-law immigration-nationality-act inadmissibility military-training real-id-act retroactive-application terrorist-activities terrorist-organization | Whether the INA, as amended by the REAL ID Act, permits the government to retroactively deem a noncitizen inadmissible for receiving military-type tra… | |
| 21-94 | Lt. Colonel Patrick Schreiber v. Tracy Renaud, Acting Director, United States Citizenship and Immigration Services, et al. | Tenth Circuit | 2021-07-23 | Denied | Response Waived | administrative-issue-exhaustion administrative-law carr-v-davis child-definition constitutional-claim federal-common-law immigration-law immigration-nationality-act legitimation state-law statutory-interpretation | The definition of "child" in Section 1101(b)(1) of the Immigration and Nationality Act includes "a child legitimated under the law of the child's [or … |
| 21-80 | Outdoor Amusement Business Association, Inc., et al. v. Department of Homeland Security, et al. | Fourth Circuit | 2021-07-21 | Denied | administrative-law clear-statement-rule h-2b-visa immigration-law labor-certification legislative-rulemaking nondelegation-doctrine | Whether Congress, consistent with the nondelegation doctrine and clear-statement rule, impliedly authorized the Secretary of Labor individually to pro… | |
| 21-7 | Merrick B. Garland, Attorney General, et al. v. Leymis Carolina Velasquez, et al. | Eighth Circuit | 2021-07-06 | GVR | Response RequestedRelisted (2) | adjustment-of-status administrative-law admission-criteria immigration immigration-law lawful-permanent-resident permanent-residency statutory-interpretation temporary-protected-status | Whether, under 8 U.S.C. 1254a(f)(4), a grant of temporary protected status must be treated as an admission into the United States for purposes of a fo… |
| 20-8465 | Felipe Ambriz-Valdovinos v. United States | Ninth Circuit | 2021-07-01 | Denied | Response WaivedIFP | 8-cfr-1003.14 8-usc-1229 administrative-procedure circuit-split immigration-law immigration-proceedings jurisdiction notice-to-appear statutory-interpretation | Should the Court resolve the circuit split on whether a notice to appear in immigration proceedings must comply with the statutory definition of a not… |
| 20-1803 | Evelyn Sineneng-Smith v. United States | Ninth Circuit | 2021-06-25 | Denied | Response Waived | alien-status constitutional-vagueness criminal-statute due-process first-amendment immigration-law standing statutory-interpretation vagueness | 1. Do the terms "encouraging" and "inducing" an alien to reside in the United States, within the meaning of 8 U. S.C. § 1324(a)(1)(A)(iv), extend to t… |
| 20-1776 | Owen Marlon Alexander v. Breaking Ground, et al. | Second Circuit | 2021-06-23 | Denied | administrative-procedure agency-deference civil-procedure civil-rights double-jeopardy due-process guardianship immigration-law intervention public-charge rule-making standing Whether States with interests should be permitted | For some reason it seems like when I became a citizen of the United States my family, friends, management of the Hegeman, CUCS, and other members of s… | |
| 20-8201 | Andres Abelino Ayon-Brito, aka Hugo Ayon-Brito, aka Joel Diaz Garcia v. United States | Fourth Circuit | 2021-06-03 | Denied | IFP | administrative-law circuit-split criminal-law due-process federal-jurisdiction immigration immigration-law reentry reentry-violation statutory-interpretation | Does a "found in" violation of 8 U.S.C. § 1326 occur when an alien reenters the country, as the Fourth, Seventh, Ninth, and Tenth Circuits have held, … |
| 20-8074 | Anibal Lucas Garcia v. United States | Fourth Circuit | 2021-05-19 | Denied | Response WaivedIFP | aggravated-felony appellate-review categorical-approach duenas-alvarez formal-law generic-crime immigration-law overbreadth-doctrine state-law statutory-interpretation | This case concerns a methodological problem in applying the categorical approach. The categorical approach compares the elements of a state crime with… |
| 20-7969 | Refugio Agustin-Pineda v. United States | Ninth Circuit | 2021-05-10 | Denied | Response WaivedIFP | administrative-procedure due-process immigration-law immigration-proceedings jurisdiction jurisdictional-requirements notice-to-appear removal-proceedings statutory-interpretation | 1. Whether the government may commence removal proceedings by serving a noncitizen with a "notice to appear" that fails to specify the hearing's 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 | The default penalty range for ill egal reentry in violation of 8 U.S.C. § 1326(a) is a sentence of "n ot more than 2 years" in prison. Petitioner was … |
| 20-7862 | In Re Momolu V. S. Sirleaf, Jr. | 2021-04-27 | Denied | IFP | administrative-law civil-rights constitutional-law constitutional-provisions court-review due-process federal-courts immigration-law jurisdiction standing state-courts statutory-provisions | Does AEDPA Procedurally Bar void Judgmentes) in this (or any other action. And if s0, 28 U.s.(.5 2403amay be Of said Statute's, Constitutionalitys 2 … | |
| 20-1427 | Levian dela Car Pacheco Pacheco, aka Levian D. Pacheco v. United States | Ninth Circuit | 2021-04-12 | Denied | Response Waived | administrative-law criminal-law deportation due-process immigration immigration-law sexual-offense statutory-construction statutory-interpretation | Congress has made it a crime to engage in certain sexual acts with detainees who are "pending deportation." 18 U.S.C. §§ 2243(b), 2244(a)(4), 2246(5)(… |
| 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 | Alfredo Arroyo-Hernandez, like many noncitizen defendants, was ordered removed by an immigration judge after being served a document titled "notice to… |
| 20-1282 | In Re Kaysha F. N. Dery | 2021-03-17 | Denied | administrative-detention civil-rights constitutional-rights due-process habeas-corpus immigration immigration-law indigenous-rights terrorism torture | 1. Is it constitutional to detain someone who is fleeing torture and terrorism? Is it constitutional when that person is the posterity of the UNITED S… | ||
| 20-7390 | Emem Ufot Udoh v. Nate Knutson, Warden | Eighth Circuit | 2021-03-09 | Denied | Response WaivedRelisted (2)IFP | actual-innocence administrative-law constitutional-vagueness covid-19 covid-19-restrictions deportation due-process immigration immigration-law | In light of the recent binding precedent of this court, dated April 17, 2018, in Session v. Dimaya, 200 L. Ed 2d 549, 138 S Ct. 1204, affirming the Ni… |
| 20-7140 | Cesar Raul Aceves v. United States | Ninth Circuit | 2021-02-12 | Denied | Response WaivedIFP | criminal-law criminal-procedure immigration immigration-law mens-rea rehaif-v-united-states status-elements statutory-interpretation united-states-v-rehaif unlawful-reentry | 18 U.S.C. § 922(g) prohibits individuals falling into particular status categories from possessing firearms or ammunition. Rehaif v. United States, 58… |
| 20-1010 | Ded Rranxburgaj v. Alejandro N. Mayorkas, Secretary of Homeland Security, et al. | Sixth Circuit | 2021-01-27 | Dismissed | Amici (3) | administrative-law agency-discretion immigration-law jurisdiction removal-proceedings statutory-interpretation | Question not identified. |
| 20-6955 | Theresa Skillings v. City of New York, New York | New York | 2021-01-27 | Denied | Relisted (2)IFP | administrative-law agency-discretion americans-with-disabilities-act child-services civil-rights due-process equal-protection family-law immigration-law social-services-law statutory-interpretation | Whether the respondent, in denying the petitioner's request for services by occupation at the petitioner's home in accordance with New York State Law,… |
| 20-979 | Pankajkumar S. Patel, et al. v. Merrick B. Garland, Attorney General | Eleventh Circuit | 2021-01-22 | Judgment Issued | Amici (6)Relisted (2) | administrative-law citizenship citizenship-misrepresentation discretionary-relief due-process federal-jurisdiction immigration-law inadmissibility judicial-review statutory-interpretation | 1. Whether 8 U.S.C. § 1252(a)(2)(B)(i) preserves the jurisdiction of federal courts to review a non-discretionary determination that a noncitizen is i… |
| 20-962 | United States Citizenship and Immigration Services, et al. v. City and County of San Francisco, California, et al. | Ninth Circuit | 2021-01-21 | Dismissed | administrative-procedure administrative-rulemaking homeland-security immigration-law immigration-nationality-act inadmissibility notice-and-comment public-charge standing statutory-interpretation | Whether entities that are not subject to the public-charge ground of inadmissibility contained in 8 U.S.C. 1182(a)(4)(A), and which seek to expand ben… | |
| 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 | Pedro Rodriguez-Garcia was ordered removed by an immigration judge after being served a document titled "Notice to Appear" that did not tell Mr. Rodri… |
| 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, in light of Pereira v. Sessions, 138 S. Ct. 2105 (2018), the immigration court issuing orders of removal against each petitioner lacked juris… |
| 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. |
| 20-6752 | Juan Tinoco-Garcia v. United States | Ninth Circuit | 2021-01-04 | Denied | Response WaivedIFP | due-process immigration immigration-law judicial-advisement non-citizen non-citizen-rights padilla-v-kentucky post-conviction-relief removal-proceedings | Does an immigration judge's failure to advise an immigrant in removal proceedings of their apparent eligibility to seek post-conviction relief under P… |
| 20-6552 | Ignacio Arreola-Mendoza v. United States | Fifth Circuit | 2020-12-08 | GVR | Relisted (2)IFP | circuit-split criminal-law due-process federal-sentencing immigration immigration-law reckless-mental-state sentencing statutory-interpretation use-of-force | Whether a statute has as an element the use of force against the person of another when a conviction under that statute can be based on a reckless men… |
| 20-6541 | Alejandro Pineda-Campuzano v. United States | Fifth Circuit | 2020-12-07 | GVR | Relisted (2)IFP | circuit-split criminal-law due-process federal-sentencing immigration immigration-law reckless-mental-state sentencing statutory-interpretation use-of-force | Whether a statute has as an element the use of force against the person of another when a conviction under that statute can be based on a reckless men… |
| 20-6539 | Alfonso Lopez-Rodriguez v. United States | Fifth Circuit | 2020-12-04 | GVR | Relisted (2)IFP | circuit-split criminal-law federal-sentencing immigration immigration-law physical-force reckless-mental-state sentencing statutory-interpretation supreme-court | Whether a statute has as an element the use of physical force against the person or property of another, for purposes of 18 U.S.C. § 16(a), when a con… |
| 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 | Anastacio Castruita-Escobedo, like many noncitizen defendants, was ordered removed by an immigration judge after being served a document titled "notic… |
| 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 | Benito Moreno-Rodriguez, like many noncitizen defendants, was ordered removed by an immigration judge after being served a document titled "notice to … |
| 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… |
| 20-584 | Michael Wood, et ux. v. United States | Third Circuit | 2020-11-03 | Denied | Response Waived | conspiracy-charges conspiracy-to-commit-immigration-offenses constructive-amendment criminal-procedure first-amendment immigration-law prejudicial-variance statute-of-limitations yates-v-united-states | 1. Whether Defendants' conviction for conspiracy to commit immigration offenses is legally invalid pursuant to Yates v. United States, 354 U.S. 298 (1… |
| 20-6195 | Erlin Josue Torres Zuniga v. United States | Fourth Circuit | 2020-11-03 | Denied | Response WaivedIFP | administrative-adjudication administrative-agency-adjudication civil-procedure collateral-estoppel criminal-defendant due-process immigration-law jurisdiction jurisdictional-requirement notice-to-appear removal-proceedings | I. Whether and under what circumstances the government may invoke collateral estoppel against a criminal defendant based on a prior administrative age… |
| 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 | Edwin Virgilio Gomez, like many noncitizen defendants, was ordered removed by an immigration judge after being served a document titled "notice to app… |
| 20-449 | Department of Homeland Security, et al. v. New York, et al. | Second Circuit | 2020-10-08 | Granted | Relisted (3) | administrative-law administrative-procedure agency-rulemaking homeland-security immigration-law immigration-nationality-act judicial-review notice-and-comment public-charge standing | Under the Immigration and Nationality Act, 8 U.S.C. 1101 et seq., an alien is "inadmissible" if, "in the opinion of the [Secretary of Homeland Securit… |
| 20-450 | Alejandro N. Mayorkas, Secretary of Homeland Security, et al. v. Cook County, Illinois, et al. | Seventh Circuit | 2020-10-08 | Denied | Relisted (3) | administrative-law administrative-procedure homeland-security immigration-law immigration-nationality-act inadmissibility notice-and-comment notice-and-comment-rulemaking public-charge standing statutory-interpretation | Under the Immigration and Nationality Act, 8 U.S.C. 1101 et seq., an alien is "inadmissible" if, "in the opinion of the [Secretary of Homeland Securit… |
| 20-437 | United States v. Refugio Palomar-Santiago | Ninth Circuit | 2020-10-06 | Judgment Issued | Amici (6) | administrative-law administrative-remedies criminal-law due-process fundamental-unfairness immigration-law judicial-review removal-order statutory-interpretation unlawful-reentry | Under 8 U.S.C. 1326(d), a defendant charged with unlawful reentry into the United States following removal may assert the invalidity of the original r… |
| 20-5925 | Roberto Mendoza-Sanchez v. United States | First Circuit | 2020-10-06 | Denied | Response WaivedIFP | administrative-law due-process immigration-court-jurisdiction immigration-law jurisdictional-challenge notice-to-appear pereira-v-sessions removal-proceedings service-of-process statutory-interpretation | 1. Whether the immigration court has jurisdiction to remove a noncitizen where the removal proceedings were initiated by a notice to appear that did n… |
| 20-5881 | Jose Vincente Lira-Ramirez v. United States | Tenth Circuit | 2020-10-01 | Denied | Response WaivedIFP | criminal-procedure due-process immigration immigration-law jurisdiction jurisdictional-defect noncitizen-rights notice removal removal-proceedings unlawful-reentry | Does the Due Process Clause permit a noncitizen to be convicted under 8 U.S.C. § 1326 for unlawful reentry into the United States if the noncitizen wa… |
| 20-5720 | Martin Garcia-Moreno v. United States | Ninth Circuit | 2020-09-16 | Denied | Response WaivedIFP | constitutional-law criminal-procedure due-process elements-of-offense immigration-law jury-trial prior-conviction sentencing-factors sixth-amendment | In Almendarez-Torres v. United States, 523 U.S. 224 (1998), the Court held that in a prosecution for 8 U.S.C. § 1326, the fact of a prior conviction n… |
| 20-315 | Jose Santos Sanchez, et ux. v. Alejandro N. Mayorkas, Secretary of Homeland Security, et al. | Third Circuit | 2020-09-10 | Judgment Issued | Amici (12) | 8-usc-1254a 8-usc-1255 administrative-law circuit-split immigration-law legal-status noncitizen-rights statutory-interpretation temporary-protected-status | Whether, under 8 U.S.C. § 1254a(f)(4), a grant of Temporary Protected Status authorizes eligible noncitizens to obtain lawful-permanent-resident statu… |
| 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, in light of Pereira v. Sessions, 138 S. Ct. 2105 (2018), the immigration court issuing orders of removal against each petitioner lacked juris… |
| 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 | 1. Did the immigration court lack authority to remove Ramirez because he was not served a notice to appear that had a hearing time? 2. In an illegal … |
| 20-5076 | Jorge Aaron Ceja-Valdez v. United States | Ninth Circuit | 2020-07-15 | Denied | Response WaivedIFP | 8-usc-1101 california-penal-code categorical-approach criminal-law deportation-grounds immigration-law statutory-interpretation theft-offense | Does a conviction under California Penal Code § 211 categorically qualify as a generic "theft" offense for purposes of 8 U.S.C. § 1101(a)(43)(G)? |
| 20-5052 | Jeremy E. Lewis v. United States | Sixth Circuit | 2020-07-14 | Denied | Response WaivedIFP | access-to-courts board-of-immigration-appeals civil-rights due-process frivolous-filings habeas-corpus immigration-law ineffective-assistance judicial-review motion-to-reopen standing statutory-interpretation | Lewis was "Completely" barred from filing a motion in federal court. Does Lewis have a "Constitutional Right To Petition The Courts" under this Court'… |
| 19-1471 | Jessica Lynn Tkacz v. Daniel G. Bogden, et al. | Ninth Circuit | 2020-07-08 | Denied | Response Waived | administrative-law due-process evidentiary-standard. immigration standard-of-review administrative-law administrative-review burden-of-proof due-process evidence-standard immigration immigration-law judicial-review marriage-fraud standard-of-review | Is the deferential "substantial evidence" standard employed by federal courts to review decisions of the Board of Immigration Appeals fundamentally in… |
| 19-8733 | Petrona Gaspar-Miguel v. United States | Tenth Circuit | 2020-06-17 | Denied | IFP | border-crossing criminal-conviction criminal-law due-process immigration-law law-enforcement-surveillance official-restraint statutory-interpretation | The issue presented in this Petition is whether constant surveillance by a law enforcement agent is "official restraint" that prevents an "entry" and … |
| 19-8661 | Justo Jonah Santos v. United States | Eleventh Circuit | 2020-06-10 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | confrontation-clause criminal-prosecution immigration immigration-law naturalization sixth-amendment testimonial testimonial-evidence | The lower court in this case admitted into evidence an immigration officer's handwritten notes and checkmarks on a naturalization application, made du… |
| 19-8583 | Joseph Emanuel Hechavarria v. William P. Barr, Attorney General | Second Circuit | 2020-06-02 | Denied | Response WaivedIFP | categorical-approach circuit-split crime-of-violence criminal-law due-process immigration immigration-law physical-force removal-proceedings statutory-interpretation | Petitioner Joseph Hechavarria, an immigrant, has been ordered removed from the United States for having committed a crime of violence as defined by 18… |
| 19-8510 | Juan Carlos Garcia Torres v. United States | Fourth Circuit | 2020-05-21 | Denied | Response WaivedIFP | administrative-law due-process immigration-court immigration-law jurisdiction noncitizen notice-to-appear removal-proceedings | Whether an immigration court has jurisdiction to commence removal proceedings against a noncitizen if the "notice to appear" at the removal hearing fa… |
| 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 | Ciro Cruz-Lopez, like many noncitizen defendants, was ordered removed by an immigration judge after being served a document titled "notice to appear" … |
| 19-1212 | Alejandro N. Mayorkas, Secretary of Homeland Security, et al. v. Innovation Law Lab, et al. | Ninth Circuit | 2020-04-14 | Judgment Issued | Amici (13) | administrative-law administrative-procedure agency-authority border-policy due-process immigration-law non-refoulement notice-and-comment preliminary-injunction statutory-interpretation | This case concerns a Department of Homeland Security (DHS) policy, known as the Migrant Protection Protocols (MPP), which applies to aliens who have n… |
| 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, in light of Pereira v. Sessions, 138 S. Ct. 2105 (2018), the immigration court issuing orders of removal against each petitioner lacked juris… |
| 19-8107 | Raul Guzman-Ibarez v. United States | Ninth Circuit | 2020-03-26 | Denied | IFP | administrative-law aggravated-felony circuit-split due-process immigration-law immigration-proceedings judicial-review retroactivity statutory-interpretation | Does the provision of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) that expanded the definition of "aggravated felony" app… |
| 19-1155 | Merrick B. Garland, Attorney General v. Ming Dai | Ninth Circuit | 2020-03-20 | Judgment Issued | Amici (1) | asylum-application board-of-immigration-appeals court-of-appeals credibility-determination immigration-judge immigration-law ins-v-ventura judicial-review remand-rule removal-proceedings ventura | 1. Whether a court of appeals may conclusively presume that an asylum applicant's testimony is credible and true whenever an immigration judge or the … |
| 19-1156 | Merrick B. Garland, Attorney General v. Cesar Alcaraz-Enriquez | Ninth Circuit | 2020-03-20 | Judgment Issued | administrative-adjudication administrative-law appellate-procedure appellate-review credibility credibility-determination due-process immigration-law judicial-review standard-of-review withholding-of-removal | Whether a court of appeals may conclusively presume an applicant's testimony is credible and true whenever an immigration judge or the Board of Immigr… | |
| 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 | Milton Mayorga, like many noncitizen defendants, was ordered removed by an immigration judge after being served a document titled "notice to appear" t… |
| 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 … |
| 19-7842 | Manetirony Clervrain v. United States, et al. | Tenth Circuit | 2020-03-02 | Denied | Response WaivedIFP | administrative-ambiguity administrative-law alien-definition civil-rights constitutional-interpretation due-process immigration immigration-law plra standing statutory-interpretation trade-secret | I. When considering whether agency expertise could be brought to bear on the questions presented in the "Bennett " decision, the United States Court o… |
| 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 | 1. Did the immigration court lack authority to remove Mr. Pineda because he was not served a notice to appear that had a hearing time? 2. In an illeg… |
| 19-7718 | Denny Reyes v. United States | Second Circuit | 2020-02-20 | Denied | Response WaivedIFP | 18-usc-2a 8-usc-1324a aiding-and-abetting criminal-intent immigration-law mens-rea recklessness rosemond-v-united-states statutory-interpretation | Whether the intent element of 18 U.S.C. § 2(a) can, consistent with this Court's decision in Rosemond v. United States, 572 U.S. 65 (2014), be satisfi… |
| 19-975 | Center for Biological Diversity, et al. v. Chad Wolf, Acting Secretary of Homeland Security, et al. | District of Columbia | 2020-02-04 | Denied | Amici (4)Response RequestedResponse WaivedRelisted (2) | administrative-law border-wall constitutional-challenge homeland-security immigration-law immigration-reform non-delegation-doctrine Presentment-Clause separation-of-powers | Whether IIRIRA § 102(c)—which grants the Secretary of Homeland Security unfettered discretion to waive all federal, and related state, local, and trib… |
| 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 | 1. Did the immigration court lack authority to remove Mora because he was not served a notice to appear that had a hearing time? 2. In an illegal ree… |
| 19-896 | Tae D. Johnson, Acting Director of U.S. Immigration and Customs Enforcement, et al. v. Antonio Arteaga-Martinez | Third Circuit | 2020-01-21 | Judgment Issued | Relisted (3) | administrative-law bond-hearing clear-and-convincing-evidence due-process flight-risk immigration-detention immigration-law statutory-interpretation | Whether an alien who is detained under 8 U.S.C. 1231 is entitled by statute, after six months of detention, to a bond hearing at which the government … |
| 19-897 | Tae D. Johnson, Acting Director of U.S. Immigration and Customs Enforcement, et al. v. Maria Angelica Guzman Chavez, et al. | Fourth Circuit | 2020-01-21 | Judgment Issued | Amici (7)Relisted (2) | 8-usc-1226 8-usc-1231 administrative-law detention immigration-detention immigration-law immigration-procedure removal-order statutory-interpretation withholding-of-removal withholding-removal | Whether the detention of an alien who is subject to a reinstated removal order and who is pursuing withholding or deferral of removal is governed by 8… |
| 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, in light of Pereira v. Sessions, 138 S. Ct. 2105 (2018), the immigration court issuing orders of removal against each petitioner lacked juris… |
| 19-7008 | Abraham Hernandez-Zavala v. United States | Ninth Circuit | 2019-12-19 | Denied | Response WaivedIFP | coram-nobis Criminal-Conviction criminal-procedure custody custody-status deportation deportation-supervised-release due-process Habeas-Corpus immigration immigration-law supervised-release writ-of-error-coram-nobis | WHETHER DEPORTATION AUTHOMATICALLY ENDS AN IMMIGRANTS IMPOSED SUPERVISED RELEASE? IF COURT WAIVES COURT SUPERVISION UPON DEPORATION IS ALIEN "IN CU… |
| 19-6908 | Margarito Olvera-Martinez v. United States | Fifth Circuit | 2019-12-11 | GVR | Relisted (2)IFP | circuit-split criminal-law due-process federal-sentencing immigration immigration-law reckless-mental-state sentencing statutory-interpretation supreme-court use-of-force | Whether a statute has as an element the use of force against the person of another when a conviction under that statute can be based on a reckless men… |
| 19-6886 | Sean M. Donahue v. Superior Court of Pennsylvania, et al. | Third Circuit | 2019-12-09 | Denied | Response WaivedIFP | constitutional-infirmity coram-nobis equal-rights federal-preemption foreign-policy immigration-law post-conviction-relief | Q.1 DOES COMMONWEALTH V. DESCARDES, 136 A.3d 493 (Pa. 2016) VIOLATE FEDERAL PREEMPTION IN FOREIGN POLICY AND IMMIGRATION LAW? Q2. ARE THE FOLLOWING P… |
| 19-645 | Arizona v. Hector Sebastion Nunez-Diaz | Arizona | 2019-11-19 | Denied | Amici (1) | criminal-procedure deportation immigration immigration-law lee-v-united-states legal-prejudice padilla-claim padilla-v-kentucky prejudice strickland-standard strickland-v-washington unauthorized-alien | 1. Whether Respondent is categorically barred from establishing Strickland prejudice for a Padilla/Lee claim because, as an unauthorized alien, he is … |
| 19-638 | N. B. D. v. Kentucky Cabinet for Health and Family Services | Kentucky | 2019-11-18 | Denied | CVSGAmici (1)Relisted (2) | best-interests deportation federal-law homeland-security immigration immigration-law juvenile-protection predicate-findings special-immigrant-juvenile special-immigrant-juvenile-status state-court-jurisdiction state-courts | Whether federal law requires state courts of competent jurisdiction to make predicate findings for special immigrant juvenile status determinations up… |
| 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 | Carlos Javier Pedroza-Rocha, like many noncitizen defendants, was ordered removed by an immigration judge after being served a document titled "notice… |
| 19-6397 | Jose Gomez-Aguilar v. United States | Ninth Circuit | 2019-10-25 | Denied | Response WaivedIFP | aggravated-felony categorical-approach court-of-appeals criminal-law due-process federal-jurisdiction immigration immigration-law statutory-interpretation theft-offense | Did the court of appeals err in holding that robbery in violation of D.C. Code § 22-2801 categorically qualifies as an aggravated felony theft offense… |
| 19-6402 | Omar Villarreal Silva v. United States | Fourth Circuit | 2019-10-25 | Denied | Response WaivedIFP | actual-prejudice collateral-attack criminal-procedure customs-and-border-protection deportation due-process immigration immigration-law prejudice removal-proceedings | A defendant charged with illegally reentering the United States after deportation or removal has a right under United States v. Mendoza-Lopez, 481 U.S… |
| 19-532 | United States v. California, et al. | Ninth Circuit | 2019-10-23 | Denied | Amici (3)Relisted (14) | anti-commandeering civil-rights federal-law federal-preemption immigration immigration-enforcement immigration-law information-sharing intergovernmental-immunity preemption sb-54 state-enforcement state-law | Whether provisions of California law that, with certain limited exceptions, prohibit state law-enforcement officials from providing federal immigratio… |
| 19-6353 | Bekir Buluc, aka Celebi Buluc, aka Bekir Celibi v. United States | Fifth Circuit | 2019-10-23 | Denied | Response WaivedIFP | criminal-law criminal-penalties deportation due-process immigration immigration-law residual-clause rule-of-lenity statutory-construction statutory-interpretation | Whether the general, residual phrase "takes any other action" in 8 U.S.C. § 1253(a)(1)(C) must be interpreted to embrace only actions like those in th… |
| 19-6334 | Ignacio Arellano-Banuelos v. United States | Fifth Circuit | 2019-10-22 | Denied | Response WaivedIFP | burden-of-proof circuit-split criminal-law due-process federal-jurisdiction illegal-entry immigration-law jurisdiction removal-proceedings 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… |
| 19-491 | Nilesh Bharatkumar Kumar v. United States | Ninth Circuit | 2019-10-17 | Denied | Response Waived | criminal-procedure hill-v-lockhart immigration-law ineffective-assistance ineffective-assistance-of-counsel legal-resident plea-agreement plea-bargaining prejudice-analysis strickland-standard strickland-v-washington | To establish prejudice under Strickland v. Washington, 466 U.S. 668 (1984), a defendant who has pleaded guilty based on deficient advice from his atto… |
| 19-6297 | Aleisha O. Gray v. United States | Fifth Circuit | 2019-10-17 | Denied | Response WaivedIFP | alien-transportation conspiracy criminal-law criminal-procedure evidence immigration immigration-law obstruction-of-justice sentencing-guidelines sufficiency-of-evidence | I. Is there insufficient evidence to warrant a finding of guilty for conspiracy to transport undocumented aliens and for transporting undocumented ali… |
| 19-438 | Clemente Avelino Pereida v. Robert M. Wilkinson, Acting Attorney General | Eighth Circuit | 2019-10-02 | Judgment Issued | Amici (5) | ambiguous-record burden-of-proof categorical-approach circuit-split conviction-record federal-offense immigration-law modified-categorical-approach noncitizen-status removal-proceedings statutory-interpretation | Whether a criminal conviction bars a noncitizen from applying for relief from removal when the record of conviction is merely ambiguous as to whether … |
| 19-415 | Oscar Ernesto Melendez v. Kevin K. McAleenan, Acting Secretary of Homeland Security, et al. | Fifth Circuit | 2019-09-27 | Denied | Response Waived | 8-usc-1255 adjustment-of-status circuit-court-split circuit-split immigration-law lawful-admission national-importance statutory-interpretation temporary-protected-status | Whether a grant of TPS to an alien by the U.S. Citizenship and Immigration Services ("USCIS") constitutes a lawful admission into the United States fo… |
| 19-6055 | Edwin Ricardo Flores v. United States | Ninth Circuit | 2019-09-25 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | aggravated-felony chevron-deference circuit-split criminal-law criminal-procedure ex-post-facto immigration immigration-law separation-of-powers statutory-interpretation theft-offense | I. Does a "theft offense (including receipt of stolen property)" under § 1101(a)(43)(G) require a taking of property without consent? II. May courts … |
| 19-6025 | Javier Segovia-Lopez v. United States | Fifth Circuit | 2019-09-24 | GVR | Relisted (3)IFP | circuit-split criminal-law criminal-statute due-process federal-sentencing force force-against-person immigration-law mens-rea mental-state reckless-conduct reckless-mental-state recklessness statutory-interpretation use-of-force | Whether a statute has as an element the use of force against the person of another when a conviction under that statute can be based on a reckless men… |
| 19-5835 | Josue Martinez-Hernandez and Oscar Carcamo-Soto v. United States | Ninth Circuit | 2019-09-05 | Denied | Response WaivedIFP | 8-usc-1101 california-penal-code categorical-approach criminal-law deportation-grounds immigration-law statutory-interpretation theft-offense | Does a conviction under California Penal Code § 211 categorically qualify as a generic "theft" offense for purposes of 8 U.S.C. § 1101(a)(43)(G)? |
| 19-294 | Usama Jamil Hamama, et al. v. Rebecca Adducci, et al. | Sixth Circuit | 2019-09-04 | Denied | Relisted (2) | country-conditions deportation detention due-process ethnic-minorities immigration-court immigration-law removal-orders removal-proceedings suspension-clause torture torture-convention torture-protection | Petitioners are Iraqis with final orders of removal who lived for years or decades in the United States under orders of supervision, because Iraq woul… |
| 19-5763 | Jose Lara-Garcia v. United States | Fifth Circuit | 2019-08-30 | GVR | Relisted (4)IFP | circuit-split criminal-law federal-law federal-sentencing immigration immigration-law mens-rea reckless-mental-state recklessness sentencing statutory-interpretation use-of-force | Whether a statute has as an element the use of force against the person of another when a conviction under that statute can be based on a reckless men… |
| 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… |
| 19-161 | Department of Homeland Security, et al. v. Vijayakumar Thuraissigiam | Ninth Circuit | 2019-08-05 | Judgment Issued | Amici (12)Relisted (2) | administrative-law constitutional-challenge due-process expedited-removal habeas-corpus immigration-law judicial-review suspension-clause | Respondent is an inadmissible alien who was apprehended almost immediately after illegally crossing the U.S. border and was placed into expedited remo… |
| 19-5325 | Alan Victor Gomez Gomez v. United States | Fifth Circuit | 2019-07-25 | GVR | Response RequestedResponse WaivedRelisted (5)IFP | circuit-split criminal-law criminal-statute federal-jurisdiction federal-procedure force-element immigration-law mens-rea reckless-mental-state sentencing sentencing-law statutory-interpretation | Whether a statute has as an element the use of force against the person of another when a conviction under that statute can be based on a reckless men… |
| 19-67 | United States v. Evelyn Sineneng-Smith | Ninth Circuit | 2019-07-12 | Judgment Issued | Amici (11) | civil-rights commercial-activity constitutional-challenge criminal-law criminal-statute facial-challenge financial-gain first-amendment free-speech immigration immigration-law ninth-circuit statutory-interpretation | Whether the federal criminal prohibition against encouraging or inducing illegal immigration for commercial advantage or private financial gain, in vi… |
| 19-28 | Kenneth Daniels v. United States | Third Circuit | 2019-07-02 | Denied | Relisted (2) | aggravated-felony armed-career-criminal-act attempt controlled-substances-act criminal-attempt drug-distribution immigration-and-nationality-act immigration-law solicitation uniform-administration | The Controlled Substances Act (CSA) makes it a crime to "distribute * * * a controlled substance." 21 U.S.C. 841(a). The Act includes an "attempt" to … |
| 19-5005 | Ahmadou Sankara v. William P. Barr, Attorney General | Second Circuit | 2019-06-28 | Denied | Response WaivedRelisted (2)IFP | administrative-review asylum-application burden-of-proof cardoza-fonseca country-conditions immigration-law persecution political-persecution reasonable-possibility well-founded-fear | In order to establish a "well-founded fear" of persecution, an asylum applicant need only show a reasonable possibility that she or he will be persecu… |
| 18A1337 | Usama Jamil Hamama, et al. v. Rebecca Adducci, et al. | Sixth Circuit | 2019-06-19 | Presumed Complete | convention-against-torture due-process habeas-corpus immigration-law judicial-jurisdiction removal-proceedings | Question not identified. | |
| 18-9618 | Rafael Mata-Jimenez v. United States | Ninth Circuit | 2019-06-11 | Denied | Response WaivedIFP | ambiguous-record burden-of-proof categorical-approach deportation immigration-law modified-categorical-approach noncitizen-status record-of-conviction relief-from-removal removal-proceedings | Whether a criminal conviction bars a noncitizen from applying for relief from removal when the record of conviction is merely ambiguous as to whether … |
| 18-1517 | Mehrdad Hosseini v. Kevin McAleenan, Acting Secretary of Homeland Security, et al. | Sixth Circuit | 2019-06-07 | Denied | Response Waived | administrative-procedure administrative-procedures-act civil-rights first-amendment free-speech immigration immigration-law material-support national-security overbreadth political-advocacy standing terrorism tier-iii-terrorist-organization | I. Whether an individual's non-violent, independent political advocacy—that was not affiliated with any foreign material support for terrorism under t… |
| 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 … |
| 18-1469 | Department of Homeland Security, et al. v. Casa de Maryland, et al. | Fourth Circuit | 2019-05-24 | Denied | Amici (1)Relisted (3) | administrative-law administrative-procedure-act agency-action agency-discretion deferred-action dhs-policy executive-discretion immigration immigration-enforcement immigration-law judicial-review policy-rescission standing | 1. Whether DHS's decision to wind down the DACA policy is judicially reviewable. 2. Whether DHS's decision to wind down the DACA policy is lawful. |
| 18-1432 | Nidal Khalid Nasrallah v. William P. Barr, Attorney General | Eleventh Circuit | 2019-05-15 | Judgment Issued | Amici (3)Relisted (2) | administrative-law administrative-review asylum deportation due-process immigration-law jurisdiction statutory-interpretation torture-convention withholding-of-removal | Whether, notwithstanding Section 1252(a)(2)(C), the courts of appeals possess jurisdiction to review factual findings underlying denials of withholdin… |
| 18-8795 | Luis Alberto Armendariz-Chavez v. United States | Fifth Circuit | 2019-04-11 | Denied | Response WaivedIFP | confrontation-clause due-process fifth-circuit immigration immigration-law removal testimonial testimonial-evidence warrant warrant-of-removal | Whether an immigration officer's warrant of removal is testimonial for purposes of the Confrontation Clause? |
| 18-7550 | Marbin Rene Reyes-Ruiz v. United States | Ninth Circuit | 2019-01-25 | Denied | Response WaivedIFP | administrative-law court-of-appeals due-process due-process,civil-procedure,standing,immigration,r error-correction fundamental-fairness immigration-law immigration-status judicial-review legal-error procedural-due-process removal-proceedings unlawful-status | This petition presents a request for error correction. The Ninth Circuit held that the entry of a prior administrative-removal order against Petitione… |
| 18-7306 | Michael Martin Steele v. United States | Ninth Circuit | 2019-01-09 | Denied | Response WaivedIFP | aggravated-felony criminal-law criminal-mental-state due-process immigration immigration-law mens-rea statutory-interpretation strict-liability united-states-v-x-citement-video | Did the Ninth and Eleventh Circuits misconstrue the mens-rea requirements of 8 U.S.C. § 1101(a)(43)(B), when they created an aggravated felony for "il… |
| 18-846 | David Allen Anderton v. United States | Fifth Circuit | 2019-01-04 | Denied | Response Waived | criminal-statute due-process first-amendment freedom-of-speech immigration-law overbreadth separation-of-powers statutory-interpretation vagueness | Whether to "encourage" or "induce" an alien to come to, enter, or reside in the United States in reckless disregard of the alien's "in violation of la… |
| 18-7103 | Rene Garcia-Montejo, aka Bibian Garcia-Montejo v. United States | Fifth Circuit | 2018-12-19 | Denied | Response WaivedIFP | constitutional-law criminal-law due-process found-in-doctrine illegal-entry immigration-authorities immigration-law official-restraint official-restraint-doctrine statutory-interpretation surveillance | 1. Whether the "official restraint" doctrine precludes the possibility that that a defendant can be illegally "found in" the United States, for purpos… |
| 18-776 | Pedro Pablo Guerrero-Lasprilla v. William P. Barr, Attorney General | Fifth Circuit | 2018-12-19 | Judgment Issued | Amici (1)Relisted (2) | agency-decision criminal-alien-bar diligence-standard due-process equitable-tolling immigration-law judicial-review removability statutory-deadline statutory-interpretation | 1. Whether the application of a legal standard to an undisputed set of facts is a question of law, or a pure question of fact that may be barred from … |
| 18-731 | Stefany Vega Duron, a Minor, et al. v. Ron Johnson, et al. | Fifth Circuit | 2018-12-07 | Denied | Response Waived | administrative-remedy constitutional-rights fifth-amendment first-amendment iirira immigration immigration-law judicial-review selective-prosecution | I. Is there an administrative remedy in the immigration courts to decide American citizens' claims of a violation of their First and Fifth Amendment c… |
| 18-587 | Department of Homeland Security, et al. v. Regents of the University of California, et al. | Ninth Circuit | 2018-11-05 | Judgment Issued | Amici (5)Relisted (5) | administrative-law administrative-procedure-act administrative-procedure-act-apa deferred-action-for-childhood-arrivals-daca department-of-homeland-security-dhs dhs-policy due-process equal-protection executive-power immigration immigration-enforcement immigration-law judicial-review standing | 1. Whether DHS's decision to wind down the DACA policy is judicially reviewable. 2. Whether DHS's decision to wind down the DACA policy is lawful. |
| 18-589 | Chad Wolf, Acting Secretary of Homeland Security, et al. v. Martin Jonathan Batalla Vidal, et al. | Second Circuit | 2018-11-05 | Judgment Issued | Relisted (5) | administrative-law administrative-procedure agency-discretion daca-policy deferred-action due-process executive-action executive-power homeland-security immigration immigration-law judicial-review separation-of-powers standing | 1. Whether DHS's decision to wind down the DACA policy is judicially reviewable. 2. Whether DHS's decision to wind down the DACA policy is lawful. |
| 18-6342 | Jaime Rene Lopez-Vaal v. United States | Ninth Circuit | 2018-10-16 | Denied | Response WaivedIFP | accomplice-liability aggravated-felony criminal-law criminal-procedure due-process equal-protection federal-sentencing immigration immigration-law ninth-circuit-review sentencing statutory-interpretation void-for-vagueness | Whether Section 1326(b), which does not define "misdemeanors involving drugs or violence against the person," "felony," or "aggravated felony," is unc… |
| 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… |
| 18-6187 | Antonio Martinez-Lopez v. United States | Sixth Circuit | 2018-10-03 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | 18-usc-1425 acquisition-of-citizenship citizenship-application criminal-statute false-statement immigration-law judicial-interpretation maslenjak-v-us naturalization naturalization-fraud revocation-of-citizenship | 1) Did the appeals court err affirming petitioner's conviction for unlawful procurement of naturalization pursuant citizenship application when the Su… |
| 18-6205 | Eliseo Guevara-Guevara v. United States | Fifth Circuit | 2018-10-03 | Denied | Response WaivedIFP | alleyne-rule alleyne-v-united-states almendarez-torres almendarez-torres-v-united-states apprendi-rule apprendi-v-new-jersey criminal-procedure due-process enhanced-punishment immigration-law indictment judicial-precedent prior-conviction sentencing | Whether a prior conviction must be alleged in the indictment before a defendant is subjected to enhanced punishment under 8 U.S.C. § 1326(b), thereby … |
| 18-5835 | Juan Fernando Lizarraga-Leyva v. United States | Ninth Circuit | 2018-08-30 | Denied | Response WaivedIFP | aggravated-felony controlled-substance deportation drug-trafficking drug-trafficking-crime illicit-trafficking immigration-law immigration-nationality-act mens-rea state-law statutory-interpretation | Under the Immigration and Nationality Act, a noncitizen is subject to mandatory removal if convicted of an "aggravated felony." The list of aggravated… |
| 18-5706 | Hugo Islas-Hernandez v. United States | Ninth Circuit | 2018-08-22 | Denied | Response WaivedIFP | 8-cfr-100.4 8-cfr-100.4(a) 8-usc-1325 8-usc-1325(a)(1) administrative-law administrative-regulation entry federal-code geographic-designation immigration immigration-law port-of-entry statutory-interpretation | Whether immigration officials "designate[d]" geographic areas or physical port facilities for "entry" in 8 C.F.R. § 100.4(a) for purposes of 8 U.S.C. … |
| 18-5684 | Alejandro Verduzco-Rangel v. United States | Ninth Circuit | 2018-08-21 | Denied | Response WaivedIFP | aggravated-felony controlled-substance deportation drug-trafficking immigration-law immigration-nationality-act mens-rea statutory-interpretation | Under the Immigration and Nationality Act, a noncitizen is subject to mandatory removal if convicted of an "aggravated felony." The list of aggravated… |
| 18-5423 | Seungjin Kim v. United States Customs and Border Protection | District of Columbia | 2018-08-02 | Denied | Response WaivedIFP | asylum asylum-seekers border-entry constitutional-law criminal-activity detention detention-conditions due-process equal-protection immigration-detention immigration-law presidential-authority presidential-powers visa-restrictions | Whether under 8 U.S.C. §1225(b)(1)(B)(ii), inadmissible aliens who are Asylum Seekers include immigrant victim who is not an applicant for, or is not … |
| 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… |
| 18-5204 | Jose Luis Morales v. United States | Fifth Circuit | 2018-07-11 | Denied | Response WaivedIFP | acceptance-of-responsibility criminal-procedure due-process enhancement evidence fact-finding immigration immigration-law judicial-error sentencing sentencing-enhancement sentencing-guidelines statutory-interpretation undocumented-aliens | WHETHER THE LOWER COURT ERRORED BY DENYING THE RELIEF UNDER SECTION 3E1:1 FOR ACCEPTANCE OF RESPONSIBILITY ? WHETHER THE LOWER COURT ERRORED IN ENHAN… |
| 18-5170 | Ijaz Khan v. United States | Fourth Circuit | 2018-07-10 | Denied | Response WaivedIFP | administrative-law agency-determination citizenship-and-naturalization-fraud citizenship-status due-process evidence evidence-standard fraud immigration immigration-law jurisdiction legal-review marriage naturalization naturalization-fraud standing statutory-interpretation | 1. Whether there was evidence presented at trial that petitioner was lawfully signed to Shabsan before he became Naturalized? 2. Whether an authorize… |
| 18-5190 | Marco Antonio Garcia-Echaverria v. United States | Fifth Circuit | 2018-07-10 | Denied | IFP | circuit-split constitutional-rights deportation discretionary-relief due-process immigration-law removal-proceedings right-to-counsel | Whether the decision of the United States Court of Appeals for the Fifth Circuit—that a non-citizen has no constitutional right to be informed of the … |
| 18-5191 | Jose Paniagua-Paniagua v. United States | Ninth Circuit | 2018-07-10 | Denied | IFP | circuit-split collateral-review criminal-conviction criminal-convictions due-process fundamental-fairness immigration-law removal-order removal-proceedings retroactivity statutory-interpretation | Whether a court reviewing the fundamental fairness of a prior removal order under 8 U.S.C. § 1326(D) can consider the current understanding of the nat… |
| 18-5173 | Wilberth Medina Garcia v. United States | Fifth Circuit | 2018-07-09 | Denied | Response WaivedIFP | confrontation-clause criminal-procedure deportation due-process evidence-law hearsay immigration immigration-law sixth-amendment testimonial-evidence testimonial-hearsay | 1. Whether an immigration officer's formalized statements relating the fact of an alien's removal constitute testimonial hearsay for the purposes of a… |
| 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 | In the United States v. Resendiz-Ponce, 549 U.S. 102 (2007), the Supreme Court made it clear, in dicta, that attempted illegal reentry is a specific i… |