United States v. Palomar-santiago
U.S. Supreme Court · decided May 24, 2021 · Supreme Court Database (Spaeth)
- Decided
- May 24, 2021
- Term
- October Term 2020
- Vote
- 9–0
- Majority author
- Justice Sotomayor
- Issue area
- Criminal Procedure
- Disposition
- Reversed and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
PRELIMINARY PRINT Volume 593 U. S. Part 2 Pages 321–329 OFFICIAL REPORTS OF THE SUPREME COURT May 24, 2021 Page Proof Pending Publication REBECCA A. WOMELDORF reporter of decisions NOTICE: This preliminary print is subject to formal revision before the bound volume is published. Users are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D.C. 20543, pio@supremecourt.gov, of any typographical or other formal errors. OCTOBER TERM, 2020 321 Syllabus UNITED STATES v. PALOMAR-SANTIAGO certiorari to the united states court of appeals for the ninth circuit No. 20–437. Argued April 27, 2021—Decided May 24, 2021 Respondent Palomar-Santiago, a Mexican national living in the United States, was convicted in California state court of felony DUI in 1988. At the time, lower courts understood that conviction to be an “aggra- vated felony” subjecting a noncitizen to removal from the United States. 8 U. S. C. § 1227(a)(2)(A)(iii). Palomar-Santiago was removed following a hearing before an immigration judge and a waiver of his right to ap- peal. In 2017, Palomar-Santiago was found in the United States and indicted on one count of unlawful reentry after removal. See § 1326(a). The statute criminalizing unlawful reentry provides that a collateral challenge to the underlying deportation order may proceed only if the noncitizen frst demonstrates that (1)…
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