Xue v. Sessions

Case dismissed, pursuant to Rule 46, on October 31, 2017
Docket No. Op. Below Argument Opinion Vote Author Term
16-1274 10th Cir. TBD TBD TBD TBD OT 2017

Issues: (1) Whether an asylum applicant suffers “persecution” under 8 U.S.C. § 1101(a)(42)(A) if he or she is forced to practice his or her religion in secret in order to avoid state-imposed punishment; and (2) whether a court of appeals reviews the Board of Immigration Appeals' determination regarding the existence of persecution de novo (as a question of law) or for substantial evidence (as a question of fact), where all the underlying facts giving rise to the claim of persecution are undisputed.

SCOTUSblog Coverage

DateProceedings and Orders
Apr 24 2017Petition for a writ of certiorari filed. (Response due May 24, 2017)
May 10 2017Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioner.
May 23 2017Brief amicus curiae of Pacific Justice Institute filed.
May 24 2017Brief amicus curiae of Alliance Defending Freedom filed.
May 24 2017Brief amici curiae of Christian Legal Society, et al. filed.
May 24 2017Brief amici curiae of The Foundation for Moral Law, et al. filed.
May 24 2017Brief amicus curiae of Advocates International filed.
May 25 2017Order extending time to file response to petition to and including June 23, 2017.
Jun 15 2017Order further extending time to file response to petition to and including July 24, 2017.
Jul 20 2017Order further extending time to file response to petition to and including September 29, 2017.
Sep 27 2017Order further extending time to file response to petition to and including October 30, 2017.
Oct 31 2017Stipulation to dismiss the petition for a writ of certiorari pursuant to Rule 46.1 received.
Oct 31 2017Petition Dismissed - Rule 46.
 
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