notice-to-appear

34 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
23-5448 Charles Belssner v. Westgate Las Vegas Hotel, LLC, et al. Nevada 2023-08-25 Denied IFP address-verification administrative-procedure civil-procedure due-process jurisdiction legal-notification notice notice-to-appear service-of-process standing Isn't the appellant entitled to notice to appear?
23-5138 Martin Ramos-Urias v. United States Ninth Circuit 2023-07-19 Denied Response WaivedIFP administrative-procedure claim-processing immigration-removal in-absentia-removal judicial-review notice-to-appear separation-of-powers statutory-interpretation time-and-place Whether the government must comply with 8 U.S.C. § 1229(a)(1)(G) by providing a single notice document containing all required information, including …
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)(Q), 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…
22-6962 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 Whether a statutory requirement for initiation of an enforcement action is a claim-processing rule or constrains the government's statutory license
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…
22-6347 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 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…
22-6281 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…
22-6110 Luis David Huerta-Carranza v. United States Eleventh Circuit 2022-11-18 Denied Response WaivedIFP criminal-law criminal-prosecution due-process immigration-court immigration-proceedings jurisdiction notice-to-appear removal-order statutory-interpretation Whether a defective notice to appear that omits the statutorily required time-and-place information fails to confer jurisdiction on the immigration co…
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…
21-7762 Jesus Leonardo Castillo-Martinez v. United States First Circuit 2022-05-03 Denied Response RequestedResponse WaivedRelisted (2)IFP 8-usc-1326d administrative-exhaustion collateral-challenge deportation-order illegal-reentry immigration-removal ineffective-assistance ineffective-assistance-of-counsel judicial-review notice-to-appear Whether counsel's failure to raise a controlling issue pending in this Court constitutes ineffective assistance of counsel
21-1219 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 …
21-6814 Eleazar Flores-Mora v. United States First Circuit 2022-01-11 Denied Response WaivedIFP administrative-law due-process immigration-court-jurisdiction immigration-jurisdiction niz-chavez-v-garland notice-to-appear pereira-v-sessions removal-proceedings statutory-interpretation Whether the immigration court has jurisdiction to remove a noncitizen where the removal proceedings were initiated by a notice to appear (NTA) that di…
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?
21-6228 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…
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…
20-7969 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 Whether the government may commence removal proceedings by serving a noncitizen with a 'notice to appear' that fails to specify the hearing's time and…
20-7501 Alfredo Arroyo-Hernandez v. United States Fifth Circuit 2021-03-18 Denied Response WaivedIFP collateral-attack due-process illegal-reentry immigration-law immigration-removal jurisdiction jurisdictional-challenge notice-to-appear removal-proceedings statutory-interpretation Did the immigration court lack authority to remove Mr. Arroyo-Hernandez because he was not served a notice to appear that had a hearing time?
20-6962 Misael Herrera-Fuentes v. United States First Circuit 2021-01-27 Denied Response WaivedIFP administrative-law due-process immigration-court-jurisdiction notice-to-appear removal-proceedings statutory-interpretation Whether the immigration court has jurisdiction to remove a noncitizen where the removal proceedings were initiated by a notice to appear that did not …
20-967 Pedro Rodriguez-Garcia v. United States Fifth Circuit 2021-01-15 Denied Response Waived collateral-attack due-process illegal-reentry immigration-law jurisdiction jurisdictional-challenge notice-to-appear removal-order removal-proceedings statutory-interpretation Did the immigration court lack authority to remove Mr. Rodriguez-Garcia because he was served a Notice to Appear that did not comply with federal law …
20-6464 Benito Moreno-Rodriguez v. United States Fifth Circuit 2020-11-27 Denied Response WaivedIFP collateral-attack due-process illegal-reentry immigration-court immigration-law jurisdictional-challenge notice-to-appear removal-order removal-proceedings statutory-interpretation Did the immigration court lack authority to remove Mr. Moreno because he was not served a notice to appear that had a hearing time?
20-6462 Anastacio Castruita-Escobedo v. United States Fifth Circuit 2020-11-27 Denied Response WaivedIFP collateral-attack due-process illegal-reentry immigration-court immigration-law jurisdiction jurisdictional-challenge notice-to-appear removal-order removal-proceedings statutory-interpretation Whether the immigration court lacked authority to remove Mr. Castruita-Escobedo because he was not served a notice to appear with a hearing time
20-6362 Victor Manuel Avalos-Rivera v. United States Ninth Circuit 2020-11-17 Denied Response WaivedIFP 8-usc-1229 circuit-split illegal-reentry immigration-court immigration-law jurisdiction notice-to-appear removal-order statutory-interpretation Whether an immigration court lacks jurisdiction to issue an order of removal that can later be used as a basis for an illegal reentry criminal convict…
20-6195 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 Whether and under what circumstances the government may invoke collateral-estoppel against-a-criminal-defendant based-on-a-prior-administrative-agency…
20-5995 Edwin Virgilio Gomez v. United States Fifth Circuit 2020-10-13 Denied Response WaivedIFP collateral-attack due-process illegal-reentry immigration-court immigration-law jurisdictional-challenge notice-to-appear removal-order removal-proceedings statutory-interpretation Did the immigration court lack authority to remove Mr. Gomez because he was not served a notice to appear that had a hearing time?
20-5925 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 Whether the immigration court has jurisdiction to remove a noncitizen where the removal proceedings were initiated by a notice to appear that did not …
20-5268 Luis Fernando Ramirez v. United States Fifth Circuit 2020-08-06 Denied Response WaivedIFP collateral-attack due-process illegal-reentry immigration-law immigration-removal jurisdiction jurisdictional-challenge notice-to-appear removal-proceedings statutory-interpretation Did the immigration court lack authority to remove Ramirez because he was not served a notice to appear that had a hearing time?
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 Did the immigration court lack authority to remove Mr. Cruz because he was not served a notice to appear that had a hearing time?
19-7996 Milton Mayorga v. United States Fifth Circuit 2020-03-16 Denied IFP collateral-attack due-process illegal-reentry immigration-court-authority immigration-law immigration-removal jurisdiction jurisdictional-challenge notice-to-appear removal-proceedings statutory-interpretation Did the immigration court lack authority to remove Mr. Mayorga because he was not served a notice to appear that had a hearing time?
19-7753 Juan Ramon Pineda-Fernandez v. United States Fifth Circuit 2020-02-24 Denied IFP collateral-attack due-process illegal-reentry immigration-law immigration-removal jurisdiction jurisdictional-challenge notice-to-appear removal-proceedings statutory-interpretation Whether the immigration court lacked authority to remove Mr. Pineda because he was not served a notice to appear that had a hearing time
19-7410 Victor Manuel Mora-Galindo v. United States Fifth Circuit 2020-01-24 Denied IFP collateral-attack due-process illegal-reentry immigration-court-jurisdiction immigration-law immigration-removal jurisdiction jurisdictional-challenge notice-to-appear procedural-due-process removal-proceedings statutory-interpretation Whether the immigration court lacked authority to remove the petitioner because he was not served a notice to appear that had a hearing time
19-7394 Jeremias Guillen v. United States Eleventh Circuit 2020-01-23 Denied Response WaivedIFP due-process illegal-reentry immigration-court jurisdiction notice notice-to-appear pereira-v-sessions removal-proceedings Where a Notice to Appear served on a noncitizen to initiate removal proceedings fails to state the date and time to appear, the noncitizen is never pr…
19-6588 Carlos Javier Pedroza-Rocha v. United States Fifth Circuit 2019-11-12 Denied IFP administrative-remedies collateral-attack due-process hearing-time illegal-reentry immigration-court immigration-court-authority immigration-law jurisdiction jurisdictional-challenge notice-to-appear removal-order removal-proceedings Did the immigration court lack authority to remove Mr. Pedroza because he was not served a notice to appear that had a hearing time?