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Andres Abelino Ayon-Brito, aka Hugo Ayon-Brito, aka Joel Diaz Garcia v. United States

IFP petition · United States Court of Appeals for the Fourth Circuit, No. 19-4403 · judgment December 2, 2020


Certiorari denied · October 4, 2021

Question presented

Does a “found in” violation of 8 U.S.C. § 1326 occur when an alien reenters the country, as the Fourth, Seventh, Ninth, and Tenth Circuits have held, or when the alien is “found in” the United States by immigration officials, as the First, Second, Third, and Eleventh Circuits have held?

Counsel of record

For petitioner
Geremy C. Kamens
Office of the Federal Public Defender

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Aug 19 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Aug 18 2021
    Reply of petitioner Andres Ayon-Brito filed. (Distributed)
  4. Aug 05 2021
    Brief of respondent United States in opposition filed.
  5. Jul 01 2021
    Motion to extend the time to file a response is granted and the time is extended to and including August 5, 2021.
  6. Jun 30 2021
    Motion to extend the time to file a response from July 6, 2021 to August 5, 2021, submitted to The Clerk.
  7. May 28 2021
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 6, 2021)