Supreme Court of the United States · Official docket →
Andis Noe Cortez-Zepeda v. United States
IFP petition · United States Court of Appeals for the Fifth Circuit, No. 24-50418 · judgment July 10, 2025
Question presented
A noncitizen, unlawfully present in the United States, may be deported through an expedited removal if an immigration officer finds that the noncitizen was convicted of a crime categorized as an aggravated felony. Often, the full process that such a noncitizen receives is an immigration official presenting him with a form that waives his rights to challenge the expedited removal. That form, I851, informs him that he can contest the removal if he is a United States citizen, lawfully admitted permanent resident, or did not commit the crime alleged. The form does not inform him of his ability to challenge the aggravated felony finding. This case presents a question that has divided the circuits: Whether an alien wrongly subject to an expedited removal—due to a mischaracterization of his prior conviction as an aggravated felony—meets the requirements of 8 U.S.C. § 1326(d) by showing that he was misled by the form and would not have otherwise been subject to an expedited removal.
Counsel of record
For petitioner
Shane O'Neal
O'Neal Law
For respondent
D. John Sauer
Solicitor General
Proceedings
- Apr 20 2026Petition DENIED.
- Mar 26 2026DISTRIBUTED for Conference of 4/17/2026.
- Mar 20 2026Reply of petitioner Andis Neo Cortez-Zepeda filed.
- Mar 13 2026Brief of respondent United States in opposition filed.
- Jan 28 2026Motion to extend the time to file a response is granted and the time is further extended to and including March 13, 2026.
- Jan 27 2026Motion to extend the time to file a response from February 11, 2026 to March 13, 2026, submitted to The Clerk.
- Jan 05 2026Motion to extend the time to file a response is granted and the time is further extended to and including February 11, 2026.
- Jan 02 2026Motion to extend the time to file a response from January 12, 2026 to February 11, 2026, submitted to The Clerk.
- Dec 05 2025Motion to extend the time to file a response is granted and the time is extended to and including January 12, 2026.
- Dec 04 2025Motion to extend the time to file a response from December 12, 2025 to January 12, 2026, submitted to The Clerk.
- Nov 07 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 12, 2025)
- Oct 07 2025Application (25A391) granted by Justice Alito extending the time to file until November 7, 2025.
- Sep 29 2025Application (25A391) to extend the time to file a petition for a writ of certiorari from October 8, 2025 to December 7, 2025, submitted to Justice Alito.