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Garland v. Gonzalez
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 20-322 | 9th Cir. | Jan 11, 2022 | Jun 13, 2022 | 6-3 | Alito | OT 2021 |
Holding: 8 U.S.C. § 1252(f)(1) — which generally strips lower courts of “jurisdiction or authority” to “enjoin or restrain the operation of” certain provisions of the Immigration and Nationality Act — deprived the district courts of jurisdiction in these cases to entertain respondents’ requests for class-wide injunctive relief.
Judgment: Reversed and remanded, 6-3, in an opinion by Justice Alito on June 13, 2022. Justice Sotomayor filed an opinion concurring in the judgment in part and dissenting in part, in which Justice Kagan joined, and in which Justice Breyer joined as to Parts II-A-2, II-B-2, and III.
SCOTUSblog Coverage
- An important week for immigration law (SCOTUStalk, June 21, 2022)
- The demise of rights-protective statutory interpretation for detained immigrants and the rise of “piecemeal” textualism (Shalini Bhargava Ray, June 14, 2022)
- Justices reverse lower court rulings that ordered bond hearings for noncitizens in lengthy immigration detention (Shalini Bhargava Ray, June 13, 2022)
- Announcement of orders and opinions for Monday, June 13 (complete) (Angie Gou, June 13, 2022)
- Justices grapple with the legacy of a 2001 immigration detention case (Shalini Bhargava Ray, January 12, 2022)
- Justices will revisit whether certain noncitizens in lengthy detention are entitled to bond hearings (Shalini Bhargava Ray, January 10, 2022)
- Justices set January argument calendar (Amy Howe, November 18, 2021)
- Justices issue summer orders, add two new immigration cases to merits docket (Amy Howe, August 23, 2021)
- Petitions of the week: DNA analysts, Temporary Protected Status recipients and more (Andrew Hamm, October 9, 2020)
| Date | Proceedings and Orders |
|---|---|
| Sep 04 2020 | Petition for a writ of certiorari filed. (Response due October 13, 2020) |
| Sep 22 2020 | Motion to extend the time to file a response from October 13, 2020 to December 14, 2020, submitted to The Clerk. |
| Sep 24 2020 | Motion to extend the time to file a response is granted and the time is extended to and including December 14, 2020. |
| Oct 13 2020 | Brief amicus curiae of Immigration Reform Law Institute filed. |
| Dec 08 2020 | Motion to extend the time to file a response from December 14, 2020 to January 13, 2021, submitted to The Clerk. |
| Dec 10 2020 | Motion to extend the time to file a response is granted in part; time is extended to and including December 16, 2020. |
| Dec 16 2020 | Brief of respondents Esteban A. Gonzalez, et al. in opposition filed. |
| Dec 21 2020 | Letter waiving the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed. |
| Dec 23 2020 | DISTRIBUTED for Conference of 1/8/2021. |
| Jul 01 2021 | DISTRIBUTED for Conference of 7/1/2021. |
| Aug 23 2021 | Petition GRANTED. In addition to the question presented by the petition, the parties are directed to brief and argue the following question: Whether, under 8 U. S. C. § 1252(f)(1), the courts below had jurisdiction to grant classwide injunctive relief. |
| Sep 28 2021 | Motion for an extension of time to file the briefs on the merits filed. |
| Oct 01 2021 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including October 14, 2021. The time to file respondent's brief on the merits is extended to and including November 22, 2021. |
| Oct 06 2021 | Motion to dispense with printing the joint appendix filed by petitioner Merrick B. Garland, Attorney General, et al. |
| Oct 14 2021 | Brief of petitioners Merrick B. Garland, Attorney General, et al. filed. |
| Oct 18 2021 | Motion to dispense with printing the joint appendix filed by petitioners GRANTED. |
| Oct 21 2021 | Brief amicus curiae of Immigration Reform Law Institute filed. |
| Nov 17 2021 | ARGUMENT SET FOR Tuesday, January 11, 2022. |
| Nov 17 2021 | Record requested from the U.S.C.A. 9th Circuit. |
| Nov 17 2021 | the record from the 9th Circuit is electronic and located on Pacer. |
| Nov 22 2021 | Brief of respondents Esteban A. Gonzalez, et al. filed. |
| Nov 24 2021 | Brief amici curiae of Asian-Americans Advancing Justice-Asian Law Caucus, et al. filed (also in 19-896). VIDED. |
| Nov 29 2021 | Brief amici curiae of Retired Federal Judges filed. |
| Nov 29 2021 | Brief amici curiae of Former Immigration Judges and Board of Immigration Appeals Members filed (also in 19-896). VIDED. |
| Nov 29 2021 | Brief amici curiae of Law Professors filed. |
| Nov 29 2021 | Brief amicus curiae of Constitutional Accountability Center filed (also in 19-896). VIDED. |
| Dec 08 2021 | CIRCULATED |
| Dec 22 2021 | Reply of petitioners Merrick B. Garland, Attorney General, et al. filed. (Distributed) |
| Jan 11 2022 | Argued. For petitioners: Curtis E. Gannon, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents: Matthew H. Adams, Seattle, Wash. |
| Jun 13 2022 | Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Sotomayor, J., filed an opinion concurring in the judgment in part and dissenting in part, in which Kagan, J., joined, and in which Breyer, J., joined as to Parts II–A–2, II–B–2, and III. |
| Jul 15 2022 | JUDGMENT ISSUED |
