United States v. Palomar-Santiago
Issues
Whether a defendant charged with illegal reentry into the United States may challenge the validity of his removal order solely by showing that his crime is no longer a removable offense, even if he has failed to satisfy the procedural requirements for challenging the validity of a removal order during the original proceedings?
The case asks the Court to determine whether a defendant can challenge the validity of a removal order for unlawful reentry solely by showing that the order was based on a criminal conviction that is no longer a removable offense without having to meet the procedural requirements of demonstrating administrative exhaustion and no opportunity for judicial review. Respondent Refugio Palomar-Santiago was removed in 1998 for a DUI, and in 2001, DUIs were re-classified as a nonremovable offense. Palomar-Santiago was then found living in the United States in 2017 and was charged with unlawful reentry by Petitioner United States. Palomar-Santiago asserts, as a defense, that the original removal order was unlawful. The United States contends that Palomar-Santiago cannot challenge the validity of the original removal order absent the procedural requirements of administrative exhaustion and judicial review of the original order. Palomar-Santiago counters that procedural rights should not obstruct substantive rights, and that he should be able to challenge the legality of the removal order even absent judicial review. The Supreme Court’s decision in this case will implicate immigration procedure and the ability of noncitizens to challenge unlawful removal orders.
Questions as Framed for the Court by the Parties
Whether a defendant, charged with unlawful reentry into the United States following removal, automatically satisfies the prerequisites to asserting the invalidity of the original removal order as an affirmative defense 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.
Mexican-national Refugio Palomar-Santiago received U.S. lawful permanent resident status in 1990. U.S. v. Palomar-Santiago at 2. The next year, Palomar-Santiago was convicted of a felony DUI.
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Additional Resources
- Zoe Bouras, Supreme Court Immigration Docket 2020-2021, The Immigration Project (Jan. 28, 2021)
- Brian M. Fish, Courthouse Steps Oral Argument: United States v. Palomar-Santiago, The Federalist Society (Apr. 27, 2021).