Guerrero-Lasprilla v. Barr
Consolidated with Ovalles v. Barr (18-1015)
Holding
Because the phrase "questions of law" in the Immigration and Nationality Act's Limited Review Provision, 8 U.S.C. § 1252(a)(2)(D), includes the application of a legal standard to undisputed or established facts, the U.S. Court of Appeals for the 5th Circuit erred in holding that it had no jurisdiction to consider the petitioners' "factual" due diligence claims for equitable tolling purposes.
Judgment
Vacated and remanded, 7-2, in an opinion by Stephen G. Breyer on Mar 23, 2020. Justice Thomas filed a dissenting opinion, in which Justice Alito joined as to all but Part II–A–1.
Dec 10, 2018Petition for a writ of certiorari filed. (Response due January 18, 2019)
Dec 10, 2018Pursuant 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 10, 2019Motion to extend the time to file a response from January 18, 2019 to February 19, 2019, submitted to The Clerk.Jan 10, 2019Motion to extend the time to file a response is granted and the time is extended to and including February 19, 2019.
Feb 12, 2019Motion to extend the time to file a response from February 19, 2019 to March 21, 2019, submitted to The Clerk.Feb 13, 2019Motion to extend the time to file a response is granted and the time is further extended to and including March 21, 2019.
Mar 21, 2019Brief of respondent William P. Barr, Attorney General in opposition filed.May 23, 2019Reply of petitioner Pedro Pablo Guerrero-Lasprilla filed.May 28, 2019DISTRIBUTED for Conference of 6/13/2019.
Jun 17, 2019DISTRIBUTED for Conference of 6/20/2019.
Jun 24, 2019Petition GRANTED. The petition for a writ of certiorari in No. 18-1015 is granted limited to Question 2 presented by the petition. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
Jun 24, 2019Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 18-776. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 18-776. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
Jun 24, 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. VIDED. (September 4, 2019).
Jul 11, 2019Joint motion for an extension of time to file the briefs on the merits filed. VIDED.Jul 16, 2019Joint motion for an extension of time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 29, 2019. The time to file respondent's brief on the merits is extended to and including October 21, 2019. VIDED.
Aug 29, 2019Joint appendix filed. VIDED. (Statement of costs filed)Aug 29, 2019Brief of petitioner Pedro Pablo Guerrero-Lasprilla filed. VIDED.Sep 5, 2019Brief amici curiae of Scholars of Habeas Corpus Law filed. VIDED.Sep 5, 2019Brief amici curiae of American Immigration Council, et al. filed. VIDED.Sep 5, 2019Brief amicus curiae of American Civil Liberties Union filed.Sep 13, 2019SET FOR ARGUMENT on Monday, December 9, 2019. VIDED.
Oct 21, 2019Brief of respondent William P. Barr, Attorney General filed. VIDEDOct 23, 2019Record requested from the U.S.C.A. 5th Circuit.
Oct 25, 2019CIRCULATED
Nov 20, 2019Reply of petitioners filed. VIDED. (Distributed)Dec 9, 2019Argued. For petitioners: Paul W. Hughes, Washington, D. C. For respondent: Frederick Liu, Assistant to the Solicitor General, Department of Justice, Washington, D. C. VIDED.
Mar 23, 2020Judgment VACATED and case REMANDED. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Sotomayor, Kagan, Gorsuch, and Kavanaugh, JJ., joined. Thomas, J., filed a dissenting opinion, in which Alito, J., joined as to all but Part II-A-1. VIDED.
Apr 24, 2020JUDGMENT ISSUED.
Recommended Citation: Guerrero-Lasprilla v. Barr, SCOTUSblog, https://www.scotusblog.com/cases/guerrero-lasprilla-v-barr/