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Department of Homeland Security v. Thuraissigiam

Docket No. Op. Below Argument Opinion Vote Author Term
19-161 9th Cir. Mar 2, 2020 Jun 25, 2020 7-2 Alito OT 2019

Holding: As applied in this case, 8 U. S. C. § 1252(e)(2)—which limits the habeas review obtainable by a noncitizen detained for expedited removal—does not violate the suspension or due process clauses.

Judgment: Reversed and remanded, 7-2, in an opinion by Justice Alito on June 25, 2020. Justice Thomas filed a concurring opinion. Justice Breyer filed an opinion concurring in the judgment, in which Justice Ginsburg Joined. Justice Sotomayor filed a dissenting opinion, in which Justice Kagan joined.

DateProceedings and Orders (key to color coding)
May 24 2019Application (18A1219) to extend the time to file a petition for a writ of certiorari from June 5, 2019 to July 5, 2019, submitted to Justice Kagan.
May 24 2019Pursuant 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.
May 24 2019Application (18A1219) granted by Justice Kagan extending the time to file until July 5, 2019.
Jun 25 2019Application (18A1219) to extend further the time from July 5, 2019 to August 4, 2019, submitted to Justice Kagan.
Jun 26 2019Application (18A1219) granted by Justice Kagan extending the time to file until August 4, 2019.
Aug 02 2019Petition for a writ of certiorari filed. (Response due September 4, 2019)
Sep 04 2019Brief of respondent Vijayakumar Thuraissigiam in opposition filed.
Sep 18 2019DISTRIBUTED for Conference of 10/11/2019.
Sep 19 2019Reply of petitioners Department of Homeland Security, et al. filed. (Distributed)
Oct 15 2019DISTRIBUTED for Conference of 10/18/2019.
Oct 18 2019Petition GRANTED.
Oct 18 2019As 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.
Oct 30 2019Motion for an extension of time to file the briefs on the merits filed.
Nov 21 2019Motion 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 December 9, 2019. The time to file respondent's brief on the merits is extended to and including January 15, 2020.
Nov 26 2019SET FOR ARGUMENT on Monday, March 2, 2020.
Dec 09 2019Joint appendix filed.
Dec 09 2019Brief of petitioners Department of Homeland Security, et al. filed.
Dec 09 2019Proposal of petitioners to lodge copies of transcript hearing held before immigration judge on March 17, 2017, filed.
Dec 16 2019Brief amicus curiae of Immigration Reform Law Institute filed.
Dec 16 2019Brief amici curiae of The States of Arizona, et al. filed.
Dec 16 2019Brief amicus curiae of Criminal Justice Legal Foundation filed.
Jan 09 2020Record requested from the U.S.C.A. 9th Circuit.
Jan 09 2020The record of the U.S.C.A. 9th Circuit is available on PACER. The SEALED record material has been electronically received by the Clerk.
Jan 10 2020The record of the U.S.D.C. Southern District of California is electronic and available on PACER. SEALED documents electronically received by the Clerk.
Jan 15 2020Brief of respondent Vijayakumar Thuraissigiam filed.
Jan 21 2020CIRCULATED
Jan 22 2020Brief amici curiae of Immigration Scholars filed. (Distributed)
Jan 22 2020Brief amici curiae of Professors Of Sri Lankan Politics filed. (Distributed)
Jan 22 2020Brief amici curiae of Immigration and Human Rights Organizations filed. (Distributed)
Jan 22 2020Brief amicus curiae of American Bar Association filed. (Distributed)
Jan 22 2020Brief amici curiae of Scholars of the Law of Habeas Corpus filed. (Distributed)
Jan 22 2020Brief amici curiae of Asylum Law Professors filed. (Distributed)
Jan 22 2020Brief amici curiae of Legal Historians filed. (Distributed)
Jan 22 2020Brief amici curiae of International Lawyers filed. (Distributed)
Jan 22 2020Brief amici curiae of The States of Illinois, et al. filed. (Distributed)
Feb 14 2020Reply of petitioners Department of Homeland Security, et al. filed. (Distributed)
Mar 02 2020Argued. For petitioners: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: Lee Gelernt, New York, N. Y.
Mar 05 2020Lodging proposal of petitioners approved by the Clerk.
Mar 06 2020Lodging of petitioners consisting of a redacted transcript in related case filed. (Distributed)
Jun 25 2020Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Gorsuch, and Kavanaugh, JJ., joined. Thomas, J., filed a concurring opinion. Breyer, J., filed an opinion concurring in the judgment, in which Ginsburg, J., joined. Sotomayor, J., filed a dissenting opinion, in which Kagan, J., joined.
Jul 27 2020JUDGMENT ISSUED.