Dacostagomez-Aguilar v. Garland
Petition for certiorari dismissed pursuant to Rule 46 on April 18, 2023
Issues: (1) Whether a noncitizen may be subject to potential in absentia removal if the noncitizen has never been served a valid notice to appear; and (2) whether a second or subsequent notice of hearing can effectuate a “change or postponement” of the hearing under 8 U.S.C. § 1229(a)(2), and thus expose the noncitizen to in absentia removal, where no notice to appear ever set an initial hearing date in the case.
| Date | Proceedings and Orders (key to color coding) |
|---|
| Dec 19 2022 | Application (22A574) to extend the time to file a petition for a writ of certiorari from January 15, 2023 to March 16, 2023, submitted to Justice Thomas. |
| Dec 19 2022 | Pursuant to Rule 34.6 and Paragraph 9 of the Guidelines for the Submission of Documents to the Supreme Court's Electronic Filing System, filings in this case should be submitted in paper form only, and should not be submitted through the Court's electronic filing system. |
| Dec 23 2022 | Application (22A574) granted by Justice Thomas extending the time to file until February 14, 2023. |
| Jan 31 2023 | Application (22A574) to extend further the time from February 14, 2023 to March 16, 2023, submitted to Justice Thomas. |
| Feb 07 2023 | Application (22A574) denied by Justice Thomas. |
| Feb 14 2023 | Petition for a writ of certiorari filed. (Response due March 20, 2023) |
| Mar 14 2023 | Motion to extend the time to file a response from March 20, 2023 to April 19, 2023, submitted to The Clerk. |
| Mar 15 2023 | Motion to extend the time to file a response is granted and the time is extended to and including April 19, 2023. |
| Apr 18 2023 | Joint stipulation to dismiss the case pursuant to Rule 46.1 filed. |
| Apr 18 2023 | Petition Dismissed - Rule 46. |
