Skip to main content

United States v. Palomar-Santiago

Docket No.20-437
Op. Below9th Cir.
ArgumentApr 27, 2021

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 Sonia Sotomayor on May 24, 2021.

Proceedings & orders timeline

Oct 5, 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 7, 2020
Motion for leave to proceed in forma pauperis filed by respondent Refugio Palomar-Santiago.
Dec 7, 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 8, 2021
Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Jan 8, 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 3, 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 1, 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 4, 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.

Welcome to SCOTUSblog

Tell us a bit about yourself so we can tailor what you see. You can update these any time in your account.