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Campos-Chaves v. Garland: Difference between revisions

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*[https://www.scotusblog.com/case-files/cases/campos-chaves-v-garland/ ''SCOTUSblog'' case file for ''Campos-Chaves v. Garland'']
*[https://www.scotusblog.com/case-files/cases/campos-chaves-v-garland/ ''SCOTUSblog'' case file for ''Campos-Chaves v. Garland'']
*[https://www.supremecourt.gov/docket/docketfiles/html/public/22-884.html U.S. Supreme Court docket file - ''Garland v. Singh''] (petitions, motions, briefs, opinions, and attorneys)
*[https://www.supremecourt.gov/docket/docketfiles/html/public/22-884.html U.S. Supreme Court docket file - ''Garland v. Singh''] (petitions, motions, briefs, opinions, and attorneys)
*[https://www.scotusblog.com/case-files/cases/garland-v-singh/ SCOTUSblog case file for ''Garland v. Singh'']
*[https://www.scotusblog.com/case-files/cases/garland-v-singh/ ''SCOTUSblog'' case file for ''Garland v. Singh'']
*[https://www.govinfo.gov/content/pkg/USCODE-2022-title8/pdf/USCODE-2022-title8-chap12-subchapII-partIV-sec1229.pdf Initiation of removal proceedings, 8 U.S.C. § 1229(a)]
*[https://www.govinfo.gov/content/pkg/USCODE-2022-title8/pdf/USCODE-2022-title8-chap12-subchapII-partIV-sec1229.pdf Initiation of removal proceedings, 8 U.S.C. § 1229(a)]
*[https://www.govinfo.gov/content/pkg/USCODE-2011-title8/pdf/USCODE-2011-title8-chap12-subchapII-partII-sec1182.pdf 8 U.S.C. § 1182(a)(6)(A)(i), ''Inadmissable aliens'']
*[https://www.govinfo.gov/content/pkg/USCODE-2011-title8/pdf/USCODE-2011-title8-chap12-subchapII-partII-sec1182.pdf 8 U.S.C. § 1182(a)(6)(A)(i), ''Inadmissable aliens'']
==Footnotes==
==Footnotes==
{{reflist}}
{{reflist}}

Revision as of 19:57, 23 February 2024

Supreme Court of the United States
Campos-Chaves v. Garland[1]
Docket number: 22-674
Term: 2023
Court: United States Supreme Court
Important dates
Argued: January 8, 2024
Court membership
Chief Justice John Roberts • Clarence Thomas • Samuel Alito • Sonia Sotomayor • Elena Kagan • Neil Gorsuch • Brett Kavanaugh • Amy Coney Barrett • Ketanji Brown Jackson

Campos-Chaves v. Garland is a case argued before the Supreme Court of the United States on January 8, 2024, during the court's October 2023-2024 term. It was consolidated with Garland v. Singh.

HIGHLIGHTS
  • The issue: The case concerned the notification requirements for deportation or removal proceedings against non-citizens under 8 U.S.C. § 1229(a), initiation of removal proceedings.
  • The questions presented: "If the government serves an initial notice document that does not include the 'time and place' of proceedings, followed by an additional document containing that information, has the government provided notice 'required under' and 'in accordance with paragraph (1) or (2) of section 1229(a)' such that an immigration court must enter a removal order in absentia and deny a noncitizen's request to rescind that order?"[2]
  • The outcome: The appeal is pending adjudication before the U.S. Supreme Court.


    • Campos-Chaves v. Garland came on a writ of certiorari to the United States Court of Appeals for the Fifth Circuit. To review the lower court's opinion, click here.

    Garland v. Singh came on a writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Click here to review the lower court's opinion.

    Timeline

    The following timeline details key events in Campos-Chaves v. Garland:

    • January 8, 2024: The U.S. Supreme Court heard oral argument.
    • June 30, 2023: The U.S. Supreme Court agreed to hear consolidated arguments in the case along with Garland v. Singh.
    • January 18, 2023: Moris Esmelis Campos-Chaves, the petitioner, appealed to the U.S. Supreme Court.
    • December 1, 2022: The United States Court of Appeals for the Fifth Circuit denied the petitions for rehearing and review.

    The following timeline details key events in Garland v. Singh:

    • January 8, 2024: The U.S. Supreme Court heard oral argument.
    • June 30, 2023: The U.S. Supreme Court agreed to hear consolidated arguments in the case along with Campos-Chaves v. Garland.
    • March 10, 2023: The petitioner Moris Esmelis Campos-Chaves appealed to the U.S. Supreme Court; the petition for a writ of certiorari included the case Garland v. Singh.
    • February 4, 2022: The United States Court of Appeals for the Ninth Circuit remanded the case for further proceedings.


    Background

    Campos-Chaves v. Garland

    Salvadoran citizen Moris Campos-Chaves entered the United States illegally on January 24, 2005, in Laredo, Texas. On February 10, 2005, the U.S. government filed a Notice to Appear (“NTA”) in immigration court against Campos-Chaves in order to initiate removal proceedings, also known as deportation, under 8 U.S.C. § 1182(a)(6)(A)(i), Inadmissable aliens. Campos-Chaves did not appear at the proceedings, but was still ordered to be deported in absentia.[3][4][5]

    On appeal, a three-judge panel of the United States Court of Appeals for the Fifth Circuit issued a per curiam ruling denying Campos-Chaves' petitions for rehearing and review:[3]

    “ On September 18, 2018, petitioner filed a motion to reopen. He principally contended that the IJ lacked authority to conduct the removal proceedings because the NTA was defective. Petitioner submitted an affidavit in which he stated that he received the NTA but that it did not contain the date and time of his removal proceedings. Now he contends that we should remand the matter to the Board for reconsideration of his NTA challenge in light of Rodriguez v. Garland, 15 F.4th 351 (5th Cir. 2021).


    We disagree. In Rodriguez, the alien received an undated NTA but did not receive a subsequent notice of hearing (“NOH”) because he moved. Here, by contrast, petitioner received the NTA and does not dispute that he also received the subsequent NOH. See Red Br. 9 n.3. The fact that petitioner received the NOH (or does not dispute receiving the NOH) makes Rodriguez distinguishable. See Singh v. Garland, 51 F.4th 371, 381 & n.5 (9th Cir. 2022)(Collins, J., dissenting from the denial of rehearing en banc).

    The petition for review is DENIED. All pending motions are DENIED.[6]

    		”
    —Judges Leslie Southwick, Andrew Oldham, and Cory Wilson


    On January 18, 2023, Campos-Chaves petitioned the U.S. Supreme Court to review the case, specifically the notice requirements for removal proceedings including the time and place of the hearing.[2] On June 30, 2023, SCOTUS added the case to its merits docket to hear arguments.


    Garland v. Singh

    On February 4, 2022, a three-judge panel of the United States Court of Appeals for the Ninth Circuit issued its ruling in the case:[7]

    “ This appeal requires us to decide what notice must be given to noncitizens before the government can order them removed in absentia.


    The Immigration & Nationality Act provides for two ways in which an in absentia removal order can be rescinded. The first is through a motion to reopen filed within 180 days after the date of the order of removal if the noncitizen can show that their failure to appear was due to "exceptional circumstances." 8 U.S.C. § 1229a(b)(5)(C)(i). The second is through a motion to reopen "filed at any time" if the noncitizen can show that they "did not receive notice in accordance with paragraph (1) or (2) of section 1229(a) of this title." § 1229a(b)(5)(C)(ii).

    Petitioner Varinder Singh seeks rescission of his removal order, entered in absentia, under both ways to gain this relief. First, he contends that he did not receive proper notice under § 1229(a) pursuant to Pereira v. Sessions , ––– U.S. ––––, 138 S. Ct. 2105, 201 L.Ed.2d 433 (2018). Second, he argues that "exceptional circumstances" were present in his case. The Board of Immigration Appeals ("BIA") affirmed the Immigration Judge's denial of his motion to reopen and rejected both of his arguments. Because the decisions of the Immigration Judge and BIA rested on a legally erroneous interpretation of § 1229(a), we grant relief based on Singh's first argument.[6]

    		”
    —Judge Ronald M. Gould


    Questions presented

    The petitioner presented the following questions to the court:[2][8]

    Questions presented in Campos-Chaves v. Garland:
    “ If the government serves an initial notice document that does not include the "time and place" of proceedings, followed by an additional document containing that information, has the government provided notice "required under" and 'in accordance with paragraph (1) or (2) of section 1229(a)" such that an immigration court must enter a removal order in absentia and deny a noncitizen's request to rescind that order?

    [6]

    		”
    Questions presented in Garland v. Singh:
    “ [W]hether the failure to receive, in a single document, all of the information specified in paragraph (1) of 8 U.S.C. 1229(a) precludes an additional document from providing adequate notice under paragraph (2), and renders any in absentia removal order subject, indefinitely, to rescission.

    [6]

    		”

    Oral argument

    Audio

    Audio of oral argument:[9]




    Transcript

    Transcript of oral argument:[10]

    Outcome

    The case is pending adjudication before the U.S. Supreme Court.

    October term 2023-2024

    See also: Supreme Court cases, October term 2023-2024

    The Supreme Court began hearing cases for the term on October 2, 2023. The court's yearly term begins on the first Monday in October and lasts until the first Monday in October the following year. The court generally releases the majority of its decisions in mid-June.[11]


    See also

    External links

    Footnotes

    1. ↑ Garland v. Singh docket number is 22-884
    2. ↑ 2.0 2.1 2.2 United States Supreme Court, "22-674 CAMPOS-CHAVES V. GARLAND," accessed June 30, 2023
    3. ↑ 3.0 3.1 United States Court of Appeals for the Fifth Circuit, Campos-Chaves v. Garland, decided December 1, 2022
    4. ↑ U.S. Supreme Court, "Campos-Chaves v. Garland PETITION FOR A WRIT OF CERTIORARI," filed January 18, 2023
    5. ↑ SCOTUSblog, "Government power, from federal agencies to counties, highlights January session," January 8, 2024
    6. ↑ 6.0 6.1 6.2 6.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
    7. ↑ United States Court of Appeals for the Ninth Circuit, Singh v. Garland, decided February 4, 2022
    8. ↑ United States Supreme Court, "22-884 GARLAND V. SINGH," accessed June 30, 2023
    9. ↑ Supreme Court of the United States, "Oral Argument - Audio," argued January 8, 2024
    10. ↑ Supreme Court of the United States, "Oral Argument - Transcript," argued January 8, 2024
    11. ↑ SupremeCourt.gov, "The Supreme Court at Work: The Term and Caseload," accessed January 24, 2022
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