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Castro v. Department of Homeland Security

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Petition for certiorari denied on April 17, 2017
Docket No. Op. Below Argument Opinion Vote Author Term
16-812 3d Cir. N/A N/A N/A N/A OT 2016

Issues: (1) Whether the U.S. Court of Appeals for the 3rd Circuit erred in holding that the petitioners are not entitled to judicial review of their statutory, regulatory and constitutional claims, even by habeas corpus, and are “prohibited from invoking the protections of the suspension clause" to challenge their removal; and (2) whether the 3rd Circuit erred in concluding, contrary to every other circuit to address the issue, that persons who have entered the United States may be “assimilated” to the constitutional status of noncitizens arriving at our borders, and thereby denied constitutional rights.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Dec 22 2016Petition for a writ of certiorari filed. (Response due January 26, 2017)
Jan 12 2017Order extending time to file response to petition to and including February 27, 2017.
Jan 17 2017Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
Jan 26 2017Brief amici curiae of Scholars of Immigration Law filed.
Jan 26 2017Brief amici curiae of Refugee and Human Rights Organizations and Scholars filed.
Jan 26 2017Brief amicus curiae of The American Bar Association filed.
Jan 26 2017Brief amici curiae of Scholars of the Law of Habeas Corpus, et al. filed.
Feb 10 2017Order further extending time to file response to petition to and including March 13, 2017.
Mar 13 2017Brief of respondents Department of Homeland Security, et al. in opposition filed.
Mar 27 2017Reply of petitioners Rosa Elida Castro, et al. filed. (Distributed)
Mar 28 2017DISTRIBUTED for Conference of April 13, 2017.
Apr 17 2017Petition DENIED. Justice Gorsuch took no part in the consideration or decision of this petition.