|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|19-897||4th Cir.||Jan 11, 2021||Jun 29, 2021||6-3||Alito||OT 2020|
Holding: The detention of a noncitizen ordered removed from the United States who reenters without authorization is governed by 8 U.S.C. § 1231.
Judgment: Reversed, 6-3, in an opinion by Justice Alito on June 29, 2021. Justice Thomas filed an opinion concurring except for footnote 4 and concurring in the judgment, in which Justice Gorsuch joined. Justice Breyer filed a dissenting opinion, in which Justices Sotomayor and Kagan joined.
|Date||Proceedings and Orders |
|Dec 27 2019||Application (19A723) to extend the time to file a petition for a writ of certiorari from January 8, 2019 to February 7, 2020, submitted to The Chief Justice.|
|Dec 30 2019||Application (19A723) granted by The Chief Justice extending the time to file until February 7, 2020.|
|Jan 17 2020||Petition for a writ of certiorari filed. (Response due February 20, 2020)|
|Jan 17 2020||Pursuant to Rule 34.6 and Paragraph 9 of the Guidelines for the Submission of Documents to the Supreme Court's Electronic Filing System, filings in this case should be submitted in paper form only, and should not be submitted through the Court's electronic filing system.|
|Feb 10 2020||Motion to extend the time to file a response from February 20, 2020 to March 23, 2020, submitted to The Clerk.|
|Feb 12 2020||Motion to extend the time to file a response is granted and the time is extended to and including March 23, 2020.|
|Mar 18 2020||Motion to extend the time to file a response from March 23, 2020 to April 22, 2020, submitted to The Clerk.|
|Mar 18 2020||Motion to extend the time to file a response is granted and the time is extended to and including April 22, 2020.|
|Apr 22 2020||Brief of respondents Maria Angelica Guzman Chavez, et al. in opposition filed.|
|May 08 2020||Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from May 12, 2020 to May 19, 2020, submitted to The Clerk.|
|May 08 2020||Motion to delay distribution of the petition for a writ certiorari until May 19, 2020, granted.|
|May 14 2020||Reply of petitioners Albence, Dir. of U.S. Immigration, et al. filed.|
|May 19 2020||DISTRIBUTED for Conference of 6/4/2020.|
|Jun 08 2020||DISTRIBUTED for Conference of 6/11/2020.|
|Jun 15 2020||Petition GRANTED.|
|Jun 15 2020||As 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.|
|Jul 22 2020||Motion for an extension of time to file the joint appendix and petitioners' brief on the merits filed.|
|Jul 24 2020||Motion to extend the time to file the joint appendix and petitioners' brief on the merits is extended to and including August 14, 2020.|
|Aug 14 2020||Brief of petitioners Mattew T. Albence, Acting Director of U.S. Immigration and Customs Enforcement, et al. filed.|
|Aug 14 2020||Motion to dispense with printing the joint appendix filed by petitioners Albence, Dir. of U.S. Immigration, et al.|
|Aug 21 2020||Brief amicus curiae of Immigration Reform Law Institute filed.|
|Sep 10 2020||Motion for an extension of time to file respondents' brief on the merits filed.|
|Sep 14 2020||Motion to extend the time to file respondents' brief on the merits granted and the time is extended to and including November 4, 2020.|
|Oct 05 2020||Motion to dispense with printing the joint appendix filed by petitioners GRANTED.|
|Nov 04 2020||Brief of respondents Maria Angelica Guzman Chavez, et al. filed.|
|Nov 10 2020||Brief amicus curiae of American Civil Liberties Union filed.|
|Nov 12 2020||Brief amici curiae of National Immigration Litigation Alliance, et al. filed.|
|Nov 12 2020||Brief amicus curiae of National Immigrant Justice Center filed.|
|Nov 12 2020||Brief amici curiae of Human Rights First and International Law Scholars filed.|
|Nov 12 2020||Brief amici curiae of Former United States Immigration Judges and Members of the Board of Immigration Appeals filed.|
|Nov 12 2020||Amicus brief of American Immigration Council, et al. not accepted for filing. (December 21, 2020 - Corrected version submitted)|
|Nov 12 2020||Brief amici curiae of American Immigration Council, et al. filed (Dec.15, 2020). (Distributed)|
|Nov 25 2020||SET FOR ARGUMENT on Monday, January 11, 2021.|
|Dec 03 2020||Record requested from the U.S.C.A. 4th Circuit.|
|Dec 04 2020||Reply of petitioners Tony H. Pham, et al. filed. (Distributed)|
|Dec 08 2020||CIRCULATED|
|Dec 29 2020||Record received from the U.S.C.A. 4th Circuit. The record is electronic.|
|Jan 11 2021||Argued. For petitioners: Vivek Suri, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Paul W. Hughes, Washington, D. C.|
|Jun 29 2021||Judgment REVERSED. Alito, J., delivered the opinion of the Court, except as to footnote 4. Roberts, C. J., and Kavanaugh and Barrett, JJ., joined that opinion in full. Thomas, J., filed an opinion concurring except for footnote 4 and concurring in the judgment, in which Gorsuch, J., joined. Breyer, J., filed a dissenting opinion, in which Sotomayor and Kagan, JJ., joined.|
Having covered the Supreme Court for six decades, @lylden has seen a lot of changes at 1 First Street. In the latest piece in our series on the post-COVID court, Lyle examines how the court's pandemic operations could spur permanent reform.
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