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Santos-Zacaria v. Garland

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Docket No. Op. Below Argument Opinion Vote Author Term
21-1436 5th Cir. Jan 17, 2023
 May 11, 2023 9-0 Jackson OT 2022

Holding: Title 8 U.S.C. 1252(d)(1) — which requires noncitizens to “exhaus[t] all administrative remedies ... as of right” before challenging a Board of Immigration Appeals final order of removal in federal court — is not a jurisdictional provision and does not require noncitizens to request discretionary forms of review.

Judgment: Vacated in part and remanded, 9-0, in an opinion by Justice Jackson on May 11, 2023. Justice Alito filed an opinion concurring in the judgment, in which Justice Thomas joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Mar 30 2022Application (21A565) to extend the time to file a petition for a writ of certiorari from April 20, 2022 to May 20, 2022, submitted to Justice Alito.
Mar 30 2022Pursuant 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.
Apr 03 2022Application (21A565) granted by Justice Alito extending the time to file until May 10, 2022.
May 10 2022Petition for a writ of certiorari filed. (Response due June 13, 2022)
Jun 07 2022Motion to extend the time to file a response from June 13, 2022 to July 13, 2022, submitted to The Clerk.
Jun 09 2022Motion to extend the time to file a response is granted and the time is extended to and including July 13, 2022.
Jul 11 2022Motion to extend the time to file a response from July 13, 2022 to August 12, 2022, submitted to The Clerk.
Jul 12 2022Motion to extend the time to file a response is granted and the time is further extended to and including August 12, 2022.
Aug 12 2022Brief of respondent Merrick B. Garland, Attorney General in opposition filed.
Aug 30 2022Reply of petitioner Leon Santos-Zacaria filed. (Distributed)
Aug 31 2022DISTRIBUTED for Conference of 9/28/2022.
Oct 03 2022Petition GRANTED.
Oct 03 2022As 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 10 2022SET FOR ARGUMENT on Tuesday, January 17, 2023.
Nov 16 2022Record requested from the U.S.C.A. 5th Circuit.
Nov 17 2022Brief of petitioner Leon Santos-Zacaria filed.
Nov 17 2022Joint appendix filed (statement of costs filed).
Nov 23 2022Brief amici curiae of Constitutional Accountability Center and National Immigration Litigation Alliance filed.
Nov 23 2022Brief amici curiae of Former Immigration Judges, et al. in support of neither party filed.
Nov 23 2022Brief amici curiae of Legal Services Providers filed.
Dec 07 2022CIRCULATED
Dec 07 2022Record received from the U.S.C.A. 5th Circuit. The record was transmitted electronically and contains sealed materials.
Dec 19 2022Brief of respondent Merrick B. Garland, Attorney General filed. (Distributed)
Jan 05 2023Reply of petitioner Leon Santos-Zacaria filed. (Distributed)
Jan 17 2023Argued. For petitioner: Paul W. Hughes, Washington, D. C. For respondent: Yaira Dubin, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
May 11 2023Adjudged to be VACATED IN PART, and case REMANDED. Jackson, J., delivered the opinion of the Court, in which Roberts, C. J., and Sotomayor, Kagan, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Alito, J., filed an opinion concurring in the judgment, in which Thomas, J., joined.
Jun 12 2023Judgment issued.