Sotomayor and Gorsuch flag double jeopardy concerns in denied immigration case

The short version

• Justices Sonia Sotomayor and Neil Gorsuch issued a statement on an immigration case the Supreme Court declined to hear.[The Washington Sun]
• The justices agreed with denying review for Jesus Herrera-Salazar, who had already been removed from the country.[The Washington Sun]
• They criticized lower courts for disregarding double jeopardy protections, while the 10th Circuit had rejected Herrera-Salazar's double jeopardy argument.[The Washington Sun]

Key facts

• Jesus Herrera-Salazar, a Mexican national, was convicted twice of being found in the U.S. without proper documentation.[The Washington Sun]
• The Supreme Court denied review in Herrera-Salazar's case, and the justices concurred in part because he had already been removed from the country.[The Washington Sun]
• Sotomayor and Gorsuch criticized lower courts for disregarding the double jeopardy standard in the case.[The Washington Sun]
• Herrera-Salazar was indicted in 2020 for being found in the U.S. after receiving a removal order and leaving the country years earlier.[The Washington Sun]
• After a 15-month prison sentence, Herrera-Salazar was instructed not to leave the Eastern District of Oklahoma while on supervised release.[The Washington Sun]
• Herrera-Salazar was indicted again under the same federal charge in 2022, though he had not left the country and reentered between convictions.[The Washington Sun]
• The 10th Circuit rejected Herrera-Salazar's double jeopardy concerns, reasoning that a separate reentry offense was not required for the 2022 indictment.[The Washington Sun]

Sources

Outlet counts describe coverage, not independent confirmation. Reports may share a wire service or original source.

• Sotomayor, Gorsuch Criticize ‘Serious Constitutional Problems’ in Denied Immigration CaseThe Washington Sun