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Nasrallah v. Barr

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Docket No. Op. Below Argument Opinion Vote Author Term
18-1432 11th Cir. Mar 2, 2020 Jun 1, 2020 7-2 Kavanaugh OT 2019

Holding: Title 8 U. S. C. §§ 1252(a)(2)(C) and (D) do not preclude judicial review of a removable noncitizen’s factual challenges to an order denying relief under the international Convention Against Torture, which protects noncitizens from removal to a country where they would likely face torture.

Judgment: Reversed, 7-2, in an opinion by Justice Kavanaugh on June 1, 2020. Justice Thomas filed a dissenting opinion, in which Justice Alito joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
May 14 2019Petition for a writ of certiorari filed. (Response due June 14, 2019)
May 14 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.
Jun 04 2019Motion to extend the time to file a response from June 14, 2019 to July 15, 2019, submitted to The Clerk.
Jun 05 2019Motion to extend the time to file a response is granted and the time is extended to and including July 15, 2019.
Jul 11 2019Motion to extend the time to file a response from July 15, 2019 to August 14, 2019, submitted to The Clerk.
Jul 12 2019Motion to extend the time to file a response is granted and the time is further extended to and including August 14, 2019.
Aug 08 2019Motion to extend the time to file a response from August 14, 2019 to September 9, 2019, submitted to The Clerk.
Aug 09 2019Motion to extend the time to file a response is granted and the time is further extended to and including September 9, 2019.
Sep 09 2019Brief of respondent William P. Barr, Attorney General in opposition filed.
Sep 25 2019DISTRIBUTED for Conference of 10/11/2019.
Sep 25 2019Reply of petitioner Nidal Khalid Nasrallah 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.
Nov 18 2019Motion for an extension of time to file the briefs on the merits filed.
Nov 20 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. (Statement of costs filed).
Dec 09 2019Brief of petitioner Nidal Khalid Nasrallah filed.
Dec 16 2019Brief amici curiae of Former Executive Office of Immigration Review Judges filed.
Dec 16 2019Brief amici curiae of Law Professors filed.
Dec 16 2019Brief amicus curiae of Legal Service Providers filed.
Jan 09 2020Record requested from the U.S.C.A. 11th Circuit.
Jan 15 2020Brief of respondent William P. Barr, Attorney General filed.
Jan 21 2020CIRCULATED
Jan 22 2020the record from the U.S.C.A. 11th Circuit is electronic and located on PACER
Feb 14 2020Reply of petitioner Nidal Khalid Nasrallah filed. (Distributed)
Mar 02 2020Argued. For petitioner: Paul Hughes, Washington, D. C. For respondent: Matthew Guarnieri, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Mar 10 2020Sealed documents were requested and electronically received from the U.S.C.A. 11th Circuit.
Jun 01 2020Judgment REVERSED. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Breyer, Sotomayor, Kagan, and Gorsuch, JJ., joined. Thomas, J., filed a dissenting opinion, in which Alito, J., joined.
Jul 06 2020JUDGMENT ISSUED.