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No. 19-7410October Term 2019Decided Apr 27, 2020

Docket 19-7410October Term 2019 (2019–2020)

Mora-Galindo v. United States

Mora-Galindo did not get Supreme Court relief, and the Fifth Circuit's judgment stayed in place.

Case status

Current stage
Decided
Latest event
Decision released Apr 27, 2020
Case Accepted
Arguments
Decision ReleasedApr 27, 2020
What it's about

This is a petition for a writ of certiorari filed by Mora-Galindo against the United States, appealing a decision from the Fifth Circuit.

Question presented

Whether the “realistic probability” test, as articulated in Gonzales v. Duenas-Alvarez, 549 U.S. 183 (2007), applies to the “categorical approach” when the state statute of conviction is broader than the federal definition on its face?

Case path

United States Court of Appeals for the Fifth Circuit / Decision released Apr 27, 2020

Area

Decided Supreme Court case

Briefing

What it's about

Mora-Galindo asked the Supreme Court to review a Fifth Circuit decision that upheld his illegal-reentry conviction after he argued his earlier removal order was defective because his notice to appear lacked hearing-time information. The Supreme Court finished the case without oral argument and left the Fifth Circuit result in place without resolving the broader legal question.

Impact

This matters for immigrants prosecuted for illegal reentry who try to attack the earlier removal order used against them. For example, a defendant raising the same notice-to-appear problem would still face the lower-court result that remained in place here.

What's next

The Supreme Court has finished with this docket action. That leaves the Fifth Circuit's affirmed judgment in effect for Mora-Galindo.

What was Mora-Galindo asking the Supreme Court to review?

He challenged the use of his prior removal order in an illegal-reentry case. He said the notice to appear omitted when to come to immigration court.

Who is affected by Mora-Galindo v. United States?

People prosecuted for illegal reentry are most affected, especially if they argue a past removal order was defective. The Fifth Circuit result remained in place here.

What happens next in Mora-Galindo v. United States?

Nothing further is scheduled at the Supreme Court. The Fifth Circuit judgment remains the controlling result for this case.

Decision

Decision record

What the Court decided

Mora-Galindo did not get Supreme Court relief, and the Fifth Circuit's judgment stayed in place.

Impact

This matters for immigrants prosecuted for illegal reentry who try to attack the earlier removal order used against them. For example, a defendant raising the same notice-to-appear problem would still face the lower-court result that remained in place here.

Not official Court text.

Timing

Decided April 27, 2020

The Court released its decision on April 27, 2020 without hearing oral argument.