20-437 United States v. Palomar-Santiago (2021-April-27)
QUESTION PRESENTED:
Whether a defendant, charged with unlawful reentry into the United States following removal, automatically satisfies the prerequisites to asserting the invalidity of the original removal order as an affirmative defense solely by showing that he was removed for a crime that would not be considered a removable offense under current circuit law, even if he cannot independently demonstrate administrative exhaustion or deprivation of the opportunity for judicial review.
QUESTION PRESENTED:
Whether a defendant, charged with unlawful reentry into the United States following removal, automatically satisfies the prerequisites to asserting the invalidity of the original removal order as an affirmative defense solely by showing that he was removed for a crime that would not be considered a removable offense under current circuit law, even if he cannot independently demonstrate administrative exhaustion or deprivation of the opportunity for judicial review.
DateProceedings and Orders (key to color coding)
Oct 05 2020 | Petition for a writ of certiorari filed. (Response due November 5, 2020)
Oct 20 2020 | Motion to extend the time to file a response from November 5, 2020 to December 7, 2020, submitted to The Clerk.
Oct 21 2020 | Motion to extend the time to file a response is granted and the time is extended to and including December 7, 2020.
Dec 07 2020 | Motion for leave to proceed in forma pauperis filed by respondent Refugio Palomar-Santiago.
Dec 07 2020 | Brief of respondent Refugio Palomar-Santiago in opposition filed.
Dec 23 2020 | DISTRIBUTED for Conference of 1/8/2021.
Dec 23 2020 | Reply of petitioner United States filed. (Distributed)
Jan 08 2021 | Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Jan 08 2021 | Petition GRANTED.
Jan 22 2021 | Motion to dispense with printing the joint appendix filed by petitioner United States.
Jan 26 2021 | Motion to appoint counsel filed by respondent Refugio Palomar-Santiago.
Feb 03 2021 | DISTRIBUTED for Conference of 2/19/2021.
Feb 22 2021 | Motion to appoint counsel filed by respondent GRANTED, and Bradley N. Garcia, Esq., of Washington, D.C., is appointed to serve as counsel for respondent in this case.
Feb 22 2021 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Feb 22 2021 | Brief of petitioner United States filed.
Mar 01 2021 | Brief amicus curiae of Immigration Reform Law Institute filed.
Mar 12 2021 | SET FOR ARGUMENT on Tuesday, April 27, 2021.
Mar 15 2021 | Record requested.
Mar 15 2021 | The record from the U.S.C.A. 9th Circuit is electronic and located on Pacer.
Mar 24 2021 | Brief of respondent Refugio Palomar-Santiago filed.
Mar 29 2021 | Brief amicus curiae of National Association of Federal Defenders filed. (Distributed)
Mar 30 2021 | CIRCULATED
Mar 31 2021 | Brief amicus curiae of The National Association of Criminal Defense Lawyers filed. (Distributed)
Mar 31 2021 | Brief amici curiae of The National Immigration Project, et al. filed. (Distributed)
Mar 31 2021 | Brief amici curiae of Former Executive Office of Immigration Review Judges filed. (Distributed)
Mar 31 2021 | Brief amici curiae of Professors Kelly Lytle Hernández, Mae Ngai, and Ingrid Eagly filed. (Distributed)
Apr 16 2021 | Reply of petitioner United States filed. (Distributed)
Apr 27 2021 | Argued. For petitioner: Erica L. Ross, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Bradley N. Garcia, Washington, D. C. (Appointed by this Court.)
Apr 29 2021 | Motion for Leave to File Supplemental Brief After Oral Argument and Supplemental Brief of Refugio Palomar-Santiago submitted.
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Whether a defendant, charged with unlawful reentry into the United States following removal, automatically satisfies the prerequisites to asserting the invalidity of the original removal order as an affirmative defense solely by showing that he was removed for a crime that would not be considered a removable offense under current circuit law, even if he cannot independently demonstrate administrative exhaustion or deprivation of the opportunity for judicial review.
DateProceedings and Orders (key to color coding)
Oct 05 2020 | Petition for a writ of certiorari filed. (Response due November 5, 2020)
Oct 20 2020 | Motion to extend the time to file a response from November 5, 2020 to December 7, 2020, submitted to The Clerk.
Oct 21 2020 | Motion to extend the time to file a response is granted and the time is extended to and including December 7, 2020.
Dec 07 2020 | Motion for leave to proceed in forma pauperis filed by respondent Refugio Palomar-Santiago.
Dec 07 2020 | Brief of respondent Refugio Palomar-Santiago in opposition filed.
Dec 23 2020 | DISTRIBUTED for Conference of 1/8/2021.
Dec 23 2020 | Reply of petitioner United States filed. (Distributed)
Jan 08 2021 | Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Jan 08 2021 | Petition GRANTED.
Jan 22 2021 | Motion to dispense with printing the joint appendix filed by petitioner United States.
Jan 26 2021 | Motion to appoint counsel filed by respondent Refugio Palomar-Santiago.
Feb 03 2021 | DISTRIBUTED for Conference of 2/19/2021.
Feb 22 2021 | Motion to appoint counsel filed by respondent GRANTED, and Bradley N. Garcia, Esq., of Washington, D.C., is appointed to serve as counsel for respondent in this case.
Feb 22 2021 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Feb 22 2021 | Brief of petitioner United States filed.
Mar 01 2021 | Brief amicus curiae of Immigration Reform Law Institute filed.
Mar 12 2021 | SET FOR ARGUMENT on Tuesday, April 27, 2021.
Mar 15 2021 | Record requested.
Mar 15 2021 | The record from the U.S.C.A. 9th Circuit is electronic and located on Pacer.
Mar 24 2021 | Brief of respondent Refugio Palomar-Santiago filed.
Mar 29 2021 | Brief amicus curiae of National Association of Federal Defenders filed. (Distributed)
Mar 30 2021 | CIRCULATED
Mar 31 2021 | Brief amicus curiae of The National Association of Criminal Defense Lawyers filed. (Distributed)
Mar 31 2021 | Brief amici curiae of The National Immigration Project, et al. filed. (Distributed)
Mar 31 2021 | Brief amici curiae of Former Executive Office of Immigration Review Judges filed. (Distributed)
Mar 31 2021 | Brief amici curiae of Professors Kelly Lytle Hernández, Mae Ngai, and Ingrid Eagly filed. (Distributed)
Apr 16 2021 | Reply of petitioner United States filed. (Distributed)
Apr 27 2021 | Argued. For petitioner: Erica L. Ross, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Bradley N. Garcia, Washington, D. C. (Appointed by this Court.)
Apr 29 2021 | Motion for Leave to File Supplemental Brief After Oral Argument and Supplemental Brief of Refugio Palomar-Santiago submitted.
