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United States v. Palomar-Santiago
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 20-437 | 9th Cir. | Apr 27, 2021 | May 24, 2021 | 9-0 | Sotomayor | OT 2020 |
Holding: Each of 8 U.S.C. § 1326(d)’s statutory requirements for bringing a collateral attack on a prior deportation order is mandatory.
Judgment: Reversed and remanded, 9-0, in an opinion by Justice Sotomayor on May 24, 2021.
SCOTUSblog Coverage
- Court rejects non-citizen’s challenge to criminal re-entry charge (Jennifer Koh, May 24, 2021)
- Court rejects non-citizen’s challenge to “unlawful re-entry” charge (James Romoser, May 24, 2021)
- Justices weigh available defenses to criminal re-entry for certain immigrants (Jennifer Koh, April 28, 2021)
- Court to decide requirements for noncitizens defending against federal prosecution for criminal re-entry (Jennifer Koh, April 26, 2021)
- Justices grant review in 14 new cases but don’t act on hot-button issues (Amy Howe, January 8, 2021)
- Petitions of the week: The public-charge rule, Boston Marathon bombing and more (Andrew Hamm, October 30, 2020)
| Date | Proceedings and Orders |
|---|---|
| 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 a supplemental brief after oral argument filed by respondent Refugio Palomar-Santiago. (Distributed) |
| May 04 2021 | Conditional cross-motion for leave to file a supplemental brief after oral argument filed by petitioner United States. (Distributed) |
| May 24 2021 | Motion for leave to file a supplemental brief after oral argument GRANTED. |
| May 24 2021 | Conditional cross-motion for leave to file a supplemental brief after oral argument GRANTED. |
| May 24 2021 | Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion for a unanimous Court. |
| Jun 25 2021 | JUDGMENT ISSUED. |
