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Pekoske v. Innovation Law Lab

Docket No. Op. Below Argument Opinion Vote Author Term
19-1212 9th Cir. TBD TBD TBD TBD OT 2020

Issues: (1) Whether the Department of Homeland Security policy known as the Migrant Protection Protocols is a lawful implementation of the statutory authority conferred by 8 U.S.C. 1225(b)(2)(C); (2) whether MPP is consistent with any applicable and enforceable non-refoulement obligations; (3) whether MPP is exempt from the Administrative Procedure Act requirement of notice-and-comment rulemaking; and (4) whether the district court’s universal preliminary injunction is impermissibly overbroad.

DateProceedings and Orders (key to color coding)
Mar 06 2020Application (19A960) for a stay pending the filing and disposition of a petition for a writ of certiorari, submitted to Justice Kagan.
Mar 06 2020Response to application (19A960) requested by Justice Kagan, due Monday, March 9, by 4 p.m. ET.
Mar 09 2020Response to application from respondents Innovation Law Lab, et al. filed.
Mar 09 2020Motion for leave to file amicus brief and motion for leave to file brief in compliance with Rule 33.2 filed by Immigration Reform Law Institute.
Mar 10 2020Reply of applicants Chad Wolf, Acting Secretary of Homeland Security, et al. filed.
Mar 11 2020Application (19A960) referred to the Court.
Mar 11 2020Application (19A960) granted by the Court. The application for stay presented to Justice Kagan and by her referred to the Court is granted, and the district court’s April 8, 2019 order granting a preliminary injunction is stayed pending the timely filing and disposition of a petition for a writ of certiorari. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court. Justice Sotomayor would deny the application.
Apr 10 2020Petition for a writ of certiorari filed. (Response due May 14, 2020)
Apr 22 2020Application of Innovation Law Lab, et al. for a further extension of time not accepted for filing. (April 23, 2020 - Corrected response extension request to be filed)
Apr 23 2020Motion to extend the time to file a response from May 14, 2020 to June 13, 2020, submitted to The Clerk.
Apr 24 2020Motion to extend the time to file a response is granted and the time is extended to and including June 15, 2020. See Rule 30.1.
May 07 2020Motion to extend the time to file a response from June 15, 2020 to July 15, 2020, submitted to The Clerk.
May 07 2020Motion to extend the time to file a response is granted and the time is further extended to and including July 15, 2020.
Jul 15 2020Brief of respondents Innovation Law Lab, et al. in opposition filed.
Jul 29 2020DISTRIBUTED for Conference of 9/29/2020.
Jul 29 2020Reply of petitioners Chad Wolf, Acting Secretary of Homeland Security, et al. filed. (Distributed)
Oct 05 2020DISTRIBUTED for Conference of 10/9/2020.
Oct 13 2020DISTRIBUTED for Conference of 10/16/2020.
Oct 19 2020Petition GRANTED.
Nov 23 2020Motion for an extension of time to file the briefs on the merits filed.
Nov 24 2020Motion 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 December 8, 2020. The time to file respondents' brief on the merits is extended to and including January 13, 2021.
Dec 08 2020Joint appendix (two volumes) filed.
Dec 08 2020Brief of petitioners Chad Wolf, Acting Secretary of Homeland Security, et al. filed.
Dec 31 2020SET FOR ARGUMENT on Monday, March 1, 2021.
Jan 05 2021Motion for a further extension of time to file respondents' brief on the merits filed.
Jan 07 2021Motion to extend the time to file respondents' brief on the merits is granted and the time is extended to and including January 15, 2021.
Jan 15 2021Brief of respondents Innovation Law Lab, et al. filed. (Distributed)
Jan 20 2021Brief amici curiae of Professors of Civil Procedure and Federal Courts filed. (Distributed)
Jan 21 2021Brief amicus curiae of American Bar Association filed. (Distributed)
Jan 22 2021CIRCULATED
Jan 22 2021Brief amici curiae of Nongovernmental Organizations and Law School Clinics filed. (Distributed)
Jan 22 2021Brief amicus curiae of Mila Sohoni filed. (Distributed)
Jan 22 2021Amicus brief of American Statistical Association not accepted for filing. (January 27, 2021 - to be reprinted and resubmitted)
Jan 22 2021Brief amicus curiae of American Statistical Association filed. (Distributed)
Jan 22 2021Brief amicus curiae of United Nations High Commissioner for Refugees filed. (Distributed)
Jan 22 2021Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)
Jan 22 2021Brief amici curiae of Immigration and International Law Scholars filed. (Distributed)
Jan 22 2021Brief amici curiae of The Laredo Project and the National Immigrant Justice Center filed. (Distributed)
Jan 22 2021Brief amici curiae of Young Center for Immigrant Children’s Rights, et al., filed. (Distributed)
Jan 22 2021Brief amicus curiae of National Citizenship and Immigration Services Council 119 filed. (Distributed)
Jan 22 2021Brief amici curiae of United States Conference of Catholic Bishops, Catholic Legal Immigration Network, Inc., and Catholic Charities USA filed. (Distributed)
Jan 25 2021Record requested from the U.S.C.A. 9th Circuit.
Jan 28 2021Record from the U.S.C.A. 9th Circuit electronic and located on Pacer.
Feb 01 2021Motion to hold further briefing in abeyance and remove the case from the February 2021 argument calendar filed by petitioners. (Distributed)
Feb 03 2021Motion to hold further briefing in abeyance and remove the case from the February 2021 argument calendar GRANTED.