Scialabba v. Cuellar de Osorio

Scialabba v. Cuellar de Osorio

Opinion analysis: Justices narrow bankrupts’ power to rescind contracts in bankruptcy – Ronald Mann

Opinion analysis: Clarity on “clear evidence” of drug pre-emption? – Elizabeth McCuskey

Opinion analysis: Court rejects issue preclusion in affirming Crow Tribe’s treaty hunting right – Gregory Ablavsky

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Conference of May 23, 2019

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
12-930	9th Cir.	Dec 10, 2013 Tr.Aud.	Jun 9, 2014	5-4	Kagan	OT 2013

Holding: The Board of Immigration Appeals has interpreted the Child Status Protection Act as providing a remedy only to “aged-out” non-citizens – that is, those who turned twenty-one while their visa application is pending – who qualified or could have qualified as principal beneficiaries of a visa petition, rather than only as derivative beneficiaries piggy-backing on a parent. That is a permissible construction of the statute.

Judgment: Reversed and remanded on June 9, 2014. Chief Justice Roberts filed an opinion concurring in the judgement, in which Justice Scalia joined. Justice Alito filed a dissenting opinion. Justice Sotomayor filed a dissenting opinion, which Justice Breyer joined, and in which Justice Thomas joined except as to footnote 3.

Opinion analysis: Another stop at the Chevron station and deference to the BIA (Kevin Johnson)
Quick take: Court defers to agency on “aged-out” immigrants (Amy Howe)
Argument recap: Another immigration case? Another argument about statutory interpretation and agency deference (Kevin Johnson)
Argument preview: Deference to agency interpretations of the immigration laws (Kevin Johnson)

Date	Proceedings and Orders (key to color coding)
Dec 13 2012	Application (12A612) to extend the time to file a petition for a writ of certiorari from December 25, 2012 to January 25, 2013, submitted to Justice Kennedy.
Dec 18 2012	Application (12A612) granted by Justice Kennedy extending the time to file until January 25, 2013.
Jan 25 2013	Petition for a writ of certiorari filed. (Response due February 25, 2013)
Feb 22 2013	Order extending time to file response to petition to and including May 3, 2013.
May 3 2013	Order further extending time to file response to petition to and including May 24, 2013.
May 24 2013	Brief of respondents Rosalina Cuellar de Osorio, et al. in opposition filed.
Jun 4 2013	DISTRIBUTED for Conference of June 20, 2013.
Jun 6 2013	Reply of petitioner Alejandro Mayorkas, Director, United States Citizenship and Immigration Services, et al. filed. (Distributed).
Jun 24 2013	Petition GRANTED.
Jul 26 2013	The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 3, 2013.
Jul 26 2013	The time to file respondents' brief on the merits is extended to and including October 28, 2013.
Aug 19 2013	Motion to dispense with printing the joint appendix filed by petitioner Alejandro Mayorkas, Director, United States Citizenship and Immigration Services, et al.
Sep 3 2013	Brief of petitioners Alejandro Mayorkas, Director, United States Citizenship and Immigration Services, et al. filed.
Sep 17 2013	SET FOR ARGUMENT ON Tuesday December 10, 2013.
Sep 17 2013	CIRCULATED
Sep 19 2013	Records received from USCA for the Ninth Circuit. (electronically filed available through PACER)
Sep 19 2013	Records received from USDC for the Central District of California electronically filed and located on PACER.
Oct 7 2013	Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Oct 28 2013	Brief of respondents Rosalina Cuellar de Osorio, et al. filed. (Distributed)
Nov 4 2013	Brief amicus curiae of Catholic Legal Immigration Network Inc. filed. (Distributed)
Nov 4 2013	Brief amici curiae of Immigration Advocacy Organizations filed. (Distributed)
Nov 4 2013	Brief amici curiae of Current and Former Members of Congress filed. (Distributed)
Nov 12 2013	Letter from counsel for amici curiae Immigration Advocacy Organizations received.
Nov 27 2013	Reply of petitioners Alejandro Mayorkas, Director, United States Citizenship and Immigration Services, et al. filed. (Distributed)
Dec 10 2013	Argued. For petitioners: Elaine J. Goldenberg, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Mark C. Fleming, Boston, Mass.
Jun 9 2014	Judgment REVERSED and case REMANDED. Kagan, J., announced the judgment of the Court and delivered an opinion, in which Kennedy and Ginsburg, JJ., joined. Roberts, C. J., filed an opinion concurring in the judgment, in which Scalia, J., joined. Alito, J., filed a dissenting opinion. Sotomayor, J., filed a dissenting opinion, in which Breyer, J., joined, and in which Thomas, J., joined except as to footnote 3.
Jul 3 2014	Petition for Rehearing filed.
Jul 17 2014	DISTRIBUTED.
Aug 11 2014	Rehearing DENIED.
Aug 11 2014	JUDGMENT ISSUED.

Featured Posts

Opinion analysis: Justices narrow bankrupts’ power to rescind contracts in bankruptcy – Ronald Mann

Opinion analysis: Clarity on “clear evidence” of drug pre-emption? – Elizabeth McCuskey

Opinion analysis: Court rejects issue preclusion in affirming Crow Tribe’s treaty hunting right – Gregory Ablavsky
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This Week at the Court
The Supreme Court released orders from the May 16 conference on Monday; the justices granted Ritzen Group Inc. v. Jackson Masonry, LLC.
On Monday, the justices released their opinions in Mission Product Holdings Inc. v. Tempnology, LLC, Herrera v. Wyoming and Merck Sharp & Dohme Corp. v. Albrecht.
On Thursday, the justices meet for their May 23 conference.
Major Cases
- Department of Commerce v. New York
  (1) Whether the district court erred in enjoining the secretary of the Department of Commerce from reinstating a question about citizenship to the 2020 decennial census on the ground that the secretary’s decision violated the Administrative Procedure Act, 5 U.S.C. 701 et seq; (2) whether, in an action seeking to set aside agency action under the APA, a district court may order discovery outside the administrative record to probe the mental processes of the agency decisionmaker -- including by compelling the testimony of high-ranking executive branch officials -- without a strong showing that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis; and (3) whether the secretary’s decision to add a citizenship question to the decennial census violated the enumeration clause of the U.S. Constitution.
- Lamone v. Benisek
  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
- Kisor v. Wilkie
  Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
- Rucho v. Common Cause
  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- The American Legion v. American Humanist Association
  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
- Gamble v. United States
  Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause.
see all this term’s cases »
Recent Decisions
- Herrera v. Wyoming Wyoming’s statehood did not abrogate the Crow Tribe’s 1868 federal treaty right to hunt on the “unoccupied lands of the United States”; the lands of the Bighorn National Forest did not become categorically “occupied” when the forest was created.
- Merck Sharp & Dohme Corp. v. Albrecht “Clear evidence” that the Food and Drug Administration would not have approved a change to a drug’s label – thus pre-empting a state-law failure-to-warn claim – is evidence showing that the drug manufacturer fully informed the FDA of the justifications for the warning required by state law and that the FDA, in turn, informed the drug manufacturer that the FDA would not approve a change to the drug’s label to include that warning; the question of agency disapproval is primarily one of law for a judge to decide.
- Mission Product Holdings Inc. v. Tempnology, LLC A bankruptcy debtor’s rejection of an executory contract under 11 U.S.C. §365 has the same effect as a breach of that contract outside bankruptcy; such an act thus cannot rescind rights that the contract previously granted.
see all this term’s cases »
Current Relists
- al-Alwi v. Trump (1) Whether the government’s statutory authority to detain Moath Hamza Ahmed al-Alwi has unraveled; (2) whether, alternatively, the government’s statutory authority to detain al-Alwi has expired because the conflict in which he was captured has ended; and (3) whether the Authorization for Use of Military Force authorizes, and the Constitution permits, detention of an individual who was not “engaged in an armed conflict against the United States” in Afghanistan prior to his capture.
- Box v. Planned Parenthood of Indiana and Kentucky Inc. (1) Whether a state may require health-care facilities to dispose of fetal remains in the same manner as other human remains, i.e., by burial or cremation; and (2) whether a state may prohibit abortions motivated solely by the race, sex or disability of the fetus and require abortion doctors to inform patients of the prohibition.
- Box v. Planned Parenthood of Indiana and Kentucky Inc. Whether a state, consistent with the 14th Amendment, may require an ultrasound as part of informed consent at least 18 hours before an abortion.
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Cases argued 70

Cases decided 32

Summary reversals 4

Merits cases granted to date 73

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Justice Thomas at Pepperdine Law School

On March 30, Justice Clarence Thomas spoke with former clerk Brittney Lane Kubisch and Pepperdine University President-elect James Gash at Pepperdine University School of Law. Thomas told the audience that he had no plans to retire from the Supreme Court.

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Cases argued	70
Cases decided	32
Summary reversals	4
Merits cases granted to date	73

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16
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