Supreme Court of the United States · Official docket →
Jesus Herrera-Salazar v. United States
IFP petition · United States Court of Appeals for the Tenth Circuit, No. 24-7029 · judgment September 26, 2025
Pending
Question presented
Whether the Double Jeopardy Clause prohibits a second prosecution for the crime of illegally reentry, specifically, the “found in” offense under 8 U.S.C. § 1326(a), where the government fails to show that, after the first prosecution of the defendant for being found in the United States, the defendant was removed from the country and later reentered the country illegally. LIST OF RELATED PROCEEDINGS There are no related proceedings.
Counsel of record
For petitioner
Blain David Myhre
Blain Myhre, LLC
For respondent
D. John Sauer
Solicitor General
Proceedings
- Jun 25 2026DISTRIBUTED for Conference of 9/28/2026.
- Jun 18 2026Reply of petitioner Jesus Herrera-Salazar filed.
- Jun 05 2026Brief of respondent United States in opposition filed.
- May 01 2026Motion to extend the time to file a response is granted and the time is extended to and including June 5, 2026.
- Apr 30 2026Motion to extend the time to file a response from May 6, 2026 to June 5, 2026, submitted to The Clerk.
- Apr 06 2026Response Requested. (Due May 6, 2026)
- Mar 26 2026DISTRIBUTED for Conference of 4/17/2026.
- Mar 24 2026Waiver of right of respondent United States to respond filed.
- Mar 04 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 8, 2026)
- Jan 14 2026Application (25A812) granted by Justice Gorsuch extending the time to file until March 10, 2026.
- Jan 02 2026Application (25A812) to extend the time to file a petition for a writ of certiorari from February 8, 2026 to March 20, 2026, submitted to Justice Gorsuch.