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Nielsen v. Preap

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
16-1363	9th Cir.	Oct 10, 2018 Tr.Aud.	TBD	TBD	TBD	OT 2018

Issue: Whether a criminal alien becomes exempt from mandatory detention under 8 U.S.C. § 1226(c) if, after the alien is released from criminal custody, the Department of Homeland Security does not take him into immigration custody immediately.

SCOTUSblog Coverage

OT2018 #3: "Ordinary Pinch" (First Mondays)
Argument analysis: Are there limits to the government’s power to detain immigrants without a hearing? (Jennifer Chacon)
OT2018 #2: "Alea Iacta Est" (First Mondays)
Argument preview: Justices once again consider proper scope of immigration law’s mandatory detention provision (Jennifer Chacon)
Justices decline to weigh in on constitutionality of death penalty (Amy Howe)
Petitions of the day (Aurora Barnes)

Date	Proceedings and Orders (key to color coding)
Mar 31 2017	Application (16A944) to extend the time to file a petition for a writ of certiorari from April 11, 2017 to May 11, 2017, submitted to Justice Kennedy.
Apr 07 2017	Application (16A944) granted by Justice Kennedy extending the time to file until May 11, 2017.
May 11 2017	Petition for a writ of certiorari filed. (Response due June 12, 2017)
May 18 2017	Order extending time to file response to petition to and including July 12, 2017, for all respondents.
Jun 26 2017	Order further extending time to file response to petition to and including August 11, 2017.
Aug 08 2017	Brief of respondents Mony Preap, et al. in opposition filed.
Aug 23 2017	DISTRIBUTED for Conference of 9/25/2017.
Aug 23 2017	Reply of petitioners Elaine C. Duke, Acting Secretary of Homeland Security, et al. filed. (Distributed)
Feb 27 2018	DISTRIBUTED for Conference of 3/2/2018.
Mar 12 2018	DISTRIBUTED for Conference of 3/16/2018.
Mar 19 2018	Petition GRANTED.
Apr 10 2018	As 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.
Apr 10 2018	Motion to extend the 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 June 1, 2018. The time to file respondents' brief on the merits is extended to and including August 6, 2018. The reply brief is to be filed pursuant to Rule 25.3.
Apr 10 2018	Motion for an extension of time to file the briefs on the merits filed.
May 11 2018	Motion to dispense with printing the joint appendix filed by petitioners Kirstjen M. Nielsen, Secretary of Homeland Security, et al.
May 29 2018	Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
Jun 01 2018	Brief of petitioners Kirstjen M. Nielsen, Secretary of Homeland Security, et al. filed.
Jun 08 2018	Brief amicus curiae of Immigration Reform Law Institute filed.
Jun 08 2018	Brief amicus curiae of Criminal Justice Legal Foundation filed.
Jun 08 2018	Brief amicus curiae of U.S. Rep. Andy Biggs, et al. filed.
Jul 09 2018	SET FOR ARGUMENT On Wednesday, October 10, 2018
Aug 03 2018	CIRCULATED
Aug 06 2018	Brief of respondents Mony Preap, et al. filed. (Distributed)
Aug 07 2018	Record requested from the U.S.C.A. 9th Circuit.
Aug 10 2018	Brief amicus curiae of National Immigrant Justice Center filed. (Distributed)
Aug 13 2018	Brief amici curiae of Former INS and DHS General Counsels filed. (Distributed)
Aug 13 2018	Brief amici curiae of Advancement Project, et al. filed. (Distributed)
Aug 13 2018	Brief amici curiae of Constitutional and Immigration Law Professors filed. (Distributed)
Aug 13 2018	Brief amici curiae of Administrative and Immigration Law Professors filed. (Distributed)
Aug 13 2018	Brief amici curiae of Members of Congress filed. (Distributed)
Aug 30 2018	Record from the U.S.C.A. 9th Circuit is electronic and located on PACER.
Aug 30 2018	Record from the U.S.D.C. California Northern District (Oakland) is electronic and located on PACER, with the exception of Restricted documents that's electronic.
Sep 05 2018	Reply of petitioners Kirstjen M. Nielsen, Secretary of Homeland Security, et al. filed. (Distributed)
Oct 10 2018	Argued. For petitioners: Zachary D. Tripp, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Cecillia D. Wang, New York, N. Y.

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This Week at the Court
The Supreme Court released additional orders from the January 11 conference on Monday; the justices called for the views of the U.S. solicitor general in CSX Transportation Inc. v. Alabama Department of Revenue, Alabama Department of Revenue v. CSX Transportation Inc. and Toshiba Corp. v. Automotive Industries Pension Trust Fund.
On Tuesday, the justices released their opinions in New Prime Inc. v. Oliveira and Stokeling v. United States.
On Monday, the justices heard oral argument in Thacker v. Tennessee Valley Authority and Rimini Street Inc. v. Oracle USA Inc.
On Tuesday, the justices heard oral argument in Home Depot U.S.A. Inc. v. Jackson and Azar v. Allina Health Services.
On Wednesday, the justices hear oral argument in Knick v. Township of Scott and Tennessee Wine & Spirits Retailers Association v. Blair.
On Friday, the justices meet for their January 18 conference.
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- New Prime Inc. v. Oliveira A court should determine whether the Federal Arbitration Act’s Section 1 exclusion for disputes involving the “contracts of employment” of certain transportation workers applies before ordering arbitration; here, truck driver Dominic Oliveira’s independent contractor operating agreement with New Prime Inc. falls within that exception.
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- City of Escondido, California v. Emmons The U.S. Court of Appeals for the 9th Circuit failed to conduct the analysis required by Supreme Court precedents in determining whether two Escondido police officers were entitled to qualified immunity.
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- 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.
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  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.
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  (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.
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Cases argued 41

Cases decided 9

Summary reversals 2

Merits cases granted to date 73

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Jan. 2019

Su	Mo	Tu	We	Th	Fr	Sa
		1 Holiday	2	3	4 Conference	5
6	7 Orders MERCK SHARP & DOHME CORP. V. ALBRECHT (17-290) OBDUSKEY V. MCCARTHY & HOLTHUS LLP (17-1307)	8 HERRERA V. WYOMING (17-532) FOURTH ESTATE PUBLIC BENEFIT CORP. V. WALL-STREET.COM, LLC (17-571) Opinions	9 FRANCHISE TAX BOARD OF CALIFORNIA V. HYATT (17-1299)	10	11 Conference	12
13	14 Orders THACKER V. TENNESSEE VALLEY AUTHORITY (17-1201) RIMINI STREET INC. V. ORACLE USA INC. (17-1625)	15 HOME DEPOT U.S.A. INC. V. JACKSON (17-1471) AZAR V. ALLINA HEALTH SERVICES (17-1484) Opinions	16 KNICK V. TOWNSHIP OF SCOTT, PENNSYLVANIA (17-647) TENNESSEE WINE AND SPIRITS RETAILERS ASSOCIATION V. BLAIR (18-96)	17	18 Conference	19
20	21 Holiday	22 Orders	23	24	25	26
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Justice Sotomayor at Harvard

On November 13, Justice Sonia Sotomayor, Judge Jennifer Walker Elrod of the U.S. Court of Appeals for the 5th Circuit and Judge Susan Carney of the U.S. Court of Appeals for the 2nd Circuit presided over the final round of the 2018 Ames Moot Court Competition at Harvard Law School.

Peabody Award
Awarded the Peabody Award for excellence in electronic media.
Sigma Delta Chi
Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
National Press Club Award
Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
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Cases argued	41
Cases decided	9
Summary reversals	2
Merits cases granted to date	73

Editor's Note :

Nielsen v. Preap

SCOTUSblog Coverage

Featured Posts

Opinion analysis: Justices uphold arbitration exemption for transportation workers in rare victory for arbitration opponents – Ronald Mann

Argument analysis: When is the government not really the government for immunity from tort liability? – Gregory Sisk

Argument analysis: Quiescent bench dubious about broad fee awards in copyright cases – Ronald Mann

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Conference of January 11, 2019

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Jan. 2019

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Peabody Award

Sigma Delta Chi

National Press Club Award

Silver Gavel Award

American Gavel Award

Webby Award