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No. 20-437October Term 2020Decided Jun 1, 2021Updated May 25, 2026

Docket 20-437October Term 2020 (2020–2021)

United States v. Palomar-Santiago

This case asked whether a person charged with illegally returning to the United States can attack the validity of an earlier deportation order without meeting all of the statutory requirements for that kind of challenge.

Case status

Decided 9-0 · June 1, 2021 · Opinion by Justice Sotomayor

Read the opinion (PDF)
Current stage
Decided
Latest event
Decision released Jun 1, 2021
Case Accepted
Arguments
Decision ReleasedJun 1, 2021
What it's about

This case asked whether a person charged with illegally returning to the United States can attack the validity of an earlier deportation order without meeting all of the statutory requirements for that kind of challenge. It arose after Palomar-Santiago argued that his original removal was invalid because the drunk-driving conviction used to deport him was later held not to be a removable aggravated felony.

Question presented

The question presented is whether a defendant automatically satisfies all three of those prerequisites 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.

Case path

United States Court of Appeals for the Ninth Circuit / Decision released Jun 1, 2021

Area

Decided Supreme Court case

Timing

Decided June 1, 2021

The Court released its decision on June 1, 2021 without hearing oral argument.

Activity

Docket activity3
  • Brief added: Questions Presented

    May 25, 2026 | Court records

  • Opinion added: opinion

    May 24, 2021 | Court records

  • Brief added: Petition

    Oct 5, 2020 | Court records