Editor's Note :

Editor's Note :

On Monday at 9:30 a.m. we expect the Court to issue orders from the October 31 Conference; we do not expect the Justices to issue any decisions on the merits.
Our list of "Petitions to watch for that Conference is here.

Gaitan v. Holder

Petition for certiorari denied on October 29, 2012
Docket No. Op. Below Argument Opinion Vote Author Term
11-1525 8th Cir. N/A N/A N/A N/A OT 2012

Issue: Whether, for purposes of the Immigration and Nationality Act, under which a non-citizen can qualify as a “refugee” (and therefore be eligible for asylum) if he is unwilling or unable to return to his country of origin “because of . . . a well-founded fear of persecution on account of . . . membership in a particular social group,” the Board of Immigration Appeals' new definition of “particular social group” – which requires those seeking asylum to prove that their group possesses “social visibility” and “particularity” – is arbitrary and capricious under the Administrative Procedure Act, 5 U.S.C. § 706(2)(A), or unreasonable under Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc..

SCOTUSblog Coverage

DateProceedings and Orders
Jun 20 2012Petition for a writ of certiorari filed. (Response due July 23, 2012)
Jul 12 2012Order extending time to file response to petition to and including August 22, 2012.
Aug 15 2012Order further extending time to file response to petition to and including September 21, 2012.
Sep 21 2012Brief of respondent United States in opposition filed.
Oct 3 2012DISTRIBUTED for Conference of October 26, 2012.
Oct 3 2012Reply of petitioner Oscar Alexander Granados Gaitan filed. (Distributed)
Oct 29 2012Petition DENIED.
 
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