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Immigration and Customs Enforcement v. Padilla

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Petition for certiorari granted, judgment vacated and case remanded to the U.S. Court of Appeals for the 9th Circuit for further consideration in light of Department of Homeland Security v. Thuraissigiam, on January 11, 2021
Docket No. Op. Below Argument Opinion Vote Author Term
20-234 9th Cir. N/A N/A N/A N/A OT 2020

Issues: (1) Whether 8 U.S.C. § 1225(b)(l)(B)(ii) — which authorizes the government to detain aliens who are placed in expedited removal proceedings, but who then establish a credible fear of persecution based on a protected ground — violates the due process clause of the Fifth Amendment because it contains no provision authorizing bond hearings; and (2) whether 8 U.S.C. § 1252(f)(1) prohibits lower courts from granting classwide injunctions against the operation of 8 U.S.C. §§ 1221–1232.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Aug 24 2020Petition for a writ of certiorari filed. (Response due September 28, 2020)
Sep 04 2020Motion to extend the time to file a response from September 28, 2020 to November 23, 2020, submitted to The Clerk.
Sep 08 2020Motion to extend the time to file a response is granted and the time is extended to and including November 23, 2020.
Nov 05 2020Motion to extend the time to file a response from November 23, 2020 to December 23, 2020, submitted to The Clerk.
Nov 06 2020Motion to extend the time to file a response is granted in part; the time is extended to and including December 9, 2020.
Dec 09 2020Brief of respondents Yolany Padilla, et al. in opposition filed.
Dec 23 2020DISTRIBUTED for Conference of 1/8/2021.
Jan 11 2021Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Department of Homeland Security v. Thuraissigiam, 591 U. S. ___ (2020).
Feb 12 2021JUDGMENT ISSUED.