Editor's Note :

Editor's Note :

We are hosting an online symposium on Epic Systems v. Lewis, in which the court held 5-4 that arbitration clauses in employment contracts that require employees to forego class and collective actions are enforceable. Contributions are available at this link.

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Nielsen v. Preap

Docket No. Op. Below Argument Opinion Vote Author Term
16-1363 9th Cir. TBD TBD TBD TBD OT 2018

Issue: Whether a criminal alien becomes exempt from mandatory detention under 8 U.S.C. § 1226(c) if, after the alien is released from criminal custody, the Department of Homeland Security does not take him into immigration custody immediately.

SCOTUSblog Coverage

DateProceedings and Orders
Mar 31 2017Application (16A944) to extend the time to file a petition for a writ of certiorari from April 11, 2017 to May 11, 2017, submitted to Justice Kennedy.
Apr 07 2017Application (16A944) granted by Justice Kennedy extending the time to file until May 11, 2017.
May 11 2017Petition for a writ of certiorari filed. (Response due June 12, 2017)
May 18 2017Order extending time to file response to petition to and including July 12, 2017, for all respondents.
Jun 26 2017Order further extending time to file response to petition to and including August 11, 2017.
Aug 08 2017Brief of respondents Mony Preap, et al. in opposition filed.
Aug 23 2017DISTRIBUTED for Conference of 9/25/2017.
Aug 23 2017Reply of petitioners Elaine C. Duke, Acting Secretary of Homeland Security, et al. filed. (Distributed)
Feb 27 2018DISTRIBUTED for Conference of 3/2/2018.
Mar 12 2018DISTRIBUTED for Conference of 3/16/2018.
Mar 19 2018Petition GRANTED.
Apr 10 2018As Rule 34.6 provides, "If the Court schedules briefing and oral argument in a case that was governed by Federal Rule of Civil Procedure 5.2(c) or Federal Rule of Criminal Procedure 49.1(c), the parties shall submit electronic versions of all prior and subsequent filings with this Court in the case, subject to [applicable] redaction rules." Subsequent party and amicus filings in the case should now be submitted through the Court's electronic filing system, with any necessary redactions.
Apr 10 2018Motion for an extension of time to file the briefs on the merits filed.
Apr 10 2018Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including June 1, 2018. The time to file respondents' brief on the merits is extended to and including August 6, 2018. The reply brief is to be filed pursuant to Rule 25.3.
May 11 2018Motion to dispense with printing the joint appendix filed by petitioners Kirstjen M. Nielsen, Secretary of Homeland Security, et al.
 
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