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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
TBD TBD TBD OT 2020

Issue: 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 2020Petition for a writ of certiorari filed. (Response due November 5, 2020)
Oct 20 2020Motion to extend the time to file a response from November 5, 2020 to December 7, 2020, submitted to The Clerk.
Oct 21 2020Motion to extend the time to file a response is granted and the time is extended to and including December 7, 2020.
Dec 07 2020Motion for leave to proceed in forma pauperis filed by respondent Refugio Palomar-Santiago.
Dec 07 2020Brief of respondent Refugio Palomar-Santiago in opposition filed.
Dec 23 2020DISTRIBUTED for Conference of 1/8/2021.
Dec 23 2020Reply of petitioner United States filed. (Distributed)
Jan 08 2021Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Jan 08 2021Petition GRANTED.
Jan 22 2021Motion to dispense with printing the joint appendix filed by petitioner United States.
Jan 26 2021Motion to appoint counsel filed by respondent Refugio Palomar-Santiago.
Feb 03 2021DISTRIBUTED for Conference of 2/19/2021.
Feb 22 2021Motion 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 2021Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Feb 22 2021Brief of petitioner United States filed.
Mar 01 2021Brief amicus curiae of Immigration Reform Law Institute filed.
Mar 12 2021SET FOR ARGUMENT on Tuesday, April 27, 2021.
Mar 15 2021Record requested.
Mar 15 2021The record from the U.S.C.A. 9th Circuit is electronic and located on Pacer.
Mar 24 2021Brief of respondent Refugio Palomar-Santiago filed.
Mar 29 2021Brief amicus curiae of National Association of Federal Defenders filed. (Distributed)
Mar 30 2021CIRCULATED
Mar 31 2021Brief amicus curiae of The National Association of Criminal Defense Lawyers filed. (Distributed)
Mar 31 2021Brief amici curiae of The National Immigration Project, et al. filed. (Distributed)
Mar 31 2021Brief amici curiae of Former Executive Office of Immigration Review Judges filed. (Distributed)
Mar 31 2021Brief amici curiae of Professors Kelly Lytle Hernández, Mae Ngai, and Ingrid Eagly filed. (Distributed)
Apr 16 2021Reply of petitioner United States filed. (Distributed)