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Gomez-Vargas v. Garland

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Petition for writ of certiorari granted, judgment vacated, and case remanded to the U.S. Court of Appeals for the 5th Circuit for further consideration in light of Wilkinson v. Garland.
Docket No. Op. Below Argument Opinion Vote Author Term
22-734 5th Cir. N/A N/A N/A N/A OT 2023

Issue: Whether an agency determination that a given set of established facts does not rise to the statutory standard of “exceptional and extremely unusual hardship” is a mixed question of law and fact reviewable under 8 U.S.C. § 1252(a)(2)(D), or whether this determination is a discretionary judgment call unreviewable under Section 1252(a)(2)(B)(i).

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Dec 16 2022Application (22A548) to extend the time to file a petition for a writ of certiorari from January 3, 2023 to February 2, 2023, submitted to Justice Alito.
Dec 16 2022Pursuant to Rule 34.6 and Paragraph 9 of the Guidelines for the Submission of Documents to the Supreme Court's Electronic Filiing System, filings in this case should be submitted in paper form only, and should not be submitted through the Court's electronic filing system.
Dec 21 2022Application (22A548) granted by Justice Alito extending the time to file until February 2, 2023.
Feb 02 2023Petition for a writ of certiorari filed. (Response due March 8, 2023)
Feb 21 2023Motion to extend the time to file a response from March 8, 2023 to April 7, 2023, submitted to The Clerk.
Feb 22 2023Motion to extend the time to file a response is granted and the time is extended to and including April 7, 2023.
Mar 30 2023Motion to extend the time to file a response from April 7, 2023 to May 8, 2023, submitted to The Clerk.
Mar 31 2023Motion to extend the time to file a response is granted and the time is further extended to and including May 8, 2023.
May 02 2023Motion to extend the time to file a response from May 8, 2023 to May 15, 2023, submitted to The Clerk.
May 03 2023Motion to extend the time to file a response is granted and the time is further extended to and including May 15, 2023.
May 15 2023Brief of respondent Merrick B. Garland, Attorney General filed.
May 30 2023DISTRIBUTED for Conference of 6/15/2023.
May 30 2023Reply of petitioner Rafael Gomez-Vargas filed. (Distributed)
Jun 09 2023Rescheduled.
Jun 20 2023DISTRIBUTED for Conference of 6/22/2023.
Jun 29 2023DISTRIBUTED for Conference of 6/29/2023.
Mar 25 2024DISTRIBUTED for Conference of 3/28/2024.
Apr 08 2024DISTRIBUTED for Conference of 4/12/2024.
Apr 15 2024Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Wilkinson v. Garland, 601 U. S. ___ (2024).
May 17 2024Judgment Issued.