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




Grounding
- Grounding
- Primary-source trail available.
- Note
- Plain-English explainer. Official filings and opinions remain authoritative.
- Checked
- Jul 25, 2026
- Method
- Methodology