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Re-list (and hold) watch

Yesterday, the Court granted cert. in Florence v. Board of Chosen Freeholders of the County of Burlington, 10-945, which had been relisted once; because the Court granted cert. in Greene v. Fisher, 10-637, which raises the same issue, the Court is likely now holding Stovall v. Miller, 10-851, another of last week’s relists.

The Court has not yet updated its online docket or its automated telephone docket system, so it’s still not possible to say definitively what is going on with the cases that were on for the April 1 Conference but which were not disposed of in Monday’s orders.  The Court appears to have relisted for the third time in Kiyemba v. Obama, 10-775, and for the first time in a couple of immigration cases, Judulang v. Holder, 10-694, and Johnson v. Holder, 10-730.  There is one criminal case that’s not accounted for, Reynolds v. Thomas, Warden, 10-7502, which presents a question similar to that presented in two cases the Court is now holding, Vargas-Solis v. United States, 10-6866, and Setser v. United States, 10-7387.  It’s unclear whether the Court is also holding Reynolds, or whether Reynolds is the case that Vargas-Solis and Setser are waiting for and the case has been relisted to give the Court time to determine how to proceed.

If a case has been relisted once, it generally means that the Court is paying close attention to the case, and the chances of a grant are higher than for an average case.  But once a case has been relisted more than twice, it is generally no longer a likely candidate for plenary review, and is more likely to result in a summary reversal or a dissent from the denial of cert.

Title: Judulang v. Holder (apparently  relisted after 4/1 Conference)

Docket: 10-694

Issue(s): Whether a lawful permanent resident who was convicted by guilty plea of an offense that renders him deportable and excludable under differently phrased statutory subsections, but who did not depart and reenter the United States between his conviction and the commencement of removal proceedings, is categorically foreclosed from seeking discretionary relief from removal under former Section 212(c) of the Immigration and Nationality Act.

Certiorari stage documents:

Title: Johnson v. Holder (apparently relisted after 4/1 Conference)
Docket: 10-730
Issue(s): (1) Whether this Court’s holding in INS v. St. Cyr (2001) concerning the non-retroactivity of Congress’s 1996 repeal of Section 212(c) of the Immigration and Nationality Act is a matter of statutory interpretation that applies equally to all immigrants; and (2) whether Board of Immigration Appeals correctly applied the “statutory counterpart” rule for eligibility for § 212(c) relief.

Certiorari stage documents:

Title: Kiyemba v. Obama (relisted after 3/18 and 3/25 Conferences; apparently relisted after 4/1 Conference)
Docket: 10-775
Issue(s): Whether a judicial officer of the United States, having jurisdiction of the habeas corpus petition of an alien transported by the executive to, and held at, an offshore prison, has any judicial power to direct the prisoner’s release.

Certiorari stage documents:

Title: Reynolds v. Thomas, Warden (apparently relisted or held after 4/1 Conference)
Docket: 10-7502

Issue(s): Whether, under 18 U.S.C. § 3584(a), 3585(b), and 3621(b), the Bureau of Prisons must administer the sentence of a federal prisoner in a manner that effectuates the subsequent judgment of the state judiciary that the state sentence run concurrently with the previously imposed federal term of imprisonment?

Certiorari stage documents:

Recommended Citation: John Elwood, Re-list (and hold) watch, SCOTUSblog (Apr. 5, 2011, 12:17 PM),