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Bystron v. Garland

Pending petition

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Docket No. Op. Below Argument Opinion Vote Author Term
22-617 3rd Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether 8 U.S.C. § 1252(a)(2)(D) bars review of an asserted question of law where a noncitizen has challenged the Board of Immigration Appeals' interpretation of the statutory extreme hardship standard found at 8 U.S.C. § 1182(h)(1)(B); and (2) whether the Board's statutory interpretation regarding hardship eligibility falls within the exercise of its inherent discretionary authority, or is a nondiscretionary action that precedes its ability to exercise discretion.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jan 03 2023Petition for a writ of certiorari filed. (Response due February 6, 2023)
Jan 03 2023Pursuant 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.
Jan 19 2023Docketing Notice of Franciszek Bystron not accepted for filing. (February 01, 2023)
Jan 27 2023Waiver of right of respondent Garland, Merrick B. to respond filed.
Feb 01 2023DISTRIBUTED for Conference of 2/17/2023.
Feb 14 2023Response Requested. (Due March 16, 2023)
Mar 01 2023Motion to extend the time to file a response from March 16, 2023 to April 17, 2023, submitted to The Clerk.
Mar 02 2023Motion to extend the time to file a response is granted and the time is extended to and including April 17, 2023.
Apr 06 2023Motion to extend the time to file a response from April 17, 2023 to May 17, 2023, submitted to The Clerk.
Apr 07 2023Motion to extend the time to file a response is granted and the time is further extended to and including May 17, 2023.
May 17 2023Brief of respondent Merrick B. Garland, Attorney General in opposition filed.
May 25 2023Reply of petitioner Franciszek Bystron filed.
May 30 2023Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 received.
Jun 06 2023DISTRIBUTED for Conference of 6/22/2023.
Jun 29 2023DISTRIBUTED for Conference of 6/29/2023.