Guerrero-Lasprilla v. Barr
Consolidated with:
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 18-776 | Dec 9, 2019 | Mar 23, 2020 | 7-2 | Breyer | OT 2019 |
Holding: Because the phrase "questions of law" in the Immigration and Nationality Act"s Limited Review Provision, 8 U. S. C. " 1252(a)(2)(D), includes the application of a legal standard to undisputed or established facts, the U.S. Court of Appeals for the 5th Circuit erred in holding that it had no jurisdiction to consider the petitioners" "factual" due diligence claims for equitable tolling purposes.
Judgment: Vacated and remanded, 7-2, in an opinion by Justice Breyer on March 23, 2020. Justice Thomas filed a dissenting opinion, in which Justice Alito joined as to all but Part II"A"1.
SCOTUSblog Coverage
- Opinion analysis: Court sides with immigrants on availability of judicial review of removal orders (Kit Johnson, March 24, 2020)
- Live blog of orders and opinions (Update: Completed) (Kalvis Golde, March 23, 2020)
- Argument analysis: Justices consider federal courts statutory authority to review decisions from the Board of Immigration Appeals (Kit Johnson, December 10, 2019)
- Argument preview: Justices to consider limits on appeals courts authority to review decisions of the Board of Immigration Appeals (Kit Johnson, December 2, 2019)
- Overview of the courts criminal docket for OT 19 sizeable and significant (Rory Little, September 9, 2019)
- Justices bulk up next terms docket (Amy Howe, June 24, 2019)
- Relist Watch (John Elwood, June 20, 2019)
| Date | Proceedings and Orders |
|---|---|
| 12/10/2018 | Petition for a writ of certiorari filed. (Response due January 18, 2019) |
| 12/10/2018 | Pursuant 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. |
| 01/10/2019 | Motion to extend the time to file a response from January 18, 2019 to February 19, 2019, submitted to The Clerk. |
| 01/10/2019 | Motion to extend the time to file a response is granted and the time is extended to and including February 19, 2019. |
| 02/12/2019 | Motion to extend the time to file a response from February 19, 2019 to March 21, 2019, submitted to The Clerk. |
| 02/13/2019 | Motion to extend the time to file a response is granted and the time is further extended to and including March 21, 2019. |
| 03/21/2019 | Brief of respondent William P. Barr, Attorney General in opposition filed. |
| 05/23/2019 | Reply of petitioner Pedro Pablo Guerrero-Lasprilla filed. |
| 05/28/2019 | DISTRIBUTED for Conference of 6/13/2019. |
| 06/17/2019 | DISTRIBUTED for Conference of 6/20/2019. |
| 06/24/2019 | Petition GRANTED. The petition for a writ of certiorari in No. 18-1015 is granted limited to Question 2 presented by the petition. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED. |
| 06/24/2019 | Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 18-776. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 18-776. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.” |
| 06/24/2019 | 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. VIDED. (September 4, 2019). |
| 07/11/2019 | Joint motion for an extension of time to file the briefs on the merits filed. VIDED. |
| 07/16/2019 | Joint motion for an extension of 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 August 29, 2019. The time to file respondent's brief on the merits is extended to and including October 21, 2019. VIDED. |
| 08/29/2019 | Joint appendix filed. VIDED. (Statement of costs filed) |
| 08/29/2019 | Brief of petitioner Pedro Pablo Guerrero-Lasprilla filed. VIDED. |
| 09/05/2019 | Brief amici curiae of Scholars of Habeas Corpus Law filed. VIDED. |
| 09/05/2019 | Brief amici curiae of American Immigration Council, et al. filed. VIDED. |
| 09/05/2019 | Brief amicus curiae of American Civil Liberties Union filed. |
| 09/13/2019 | SET FOR ARGUMENT on Monday, December 9, 2019. VIDED. |
| 10/21/2019 | Brief of respondent William P. Barr, Attorney General filed. VIDED |
| 10/23/2019 | Record requested from the U.S.C.A. 5th Circuit. |
| 10/25/2019 | CIRCULATED |
| 11/20/2019 | Reply of petitioners filed. VIDED. (Distributed) |
| 12/09/2019 | Argued. For petitioners: Paul W. Hughes, Washington, D. C. For respondent: Frederick Liu, Assistant to the Solicitor General, Department of Justice, Washington, D. C. VIDED. |
| 03/23/2020 | Judgment VACATED and case REMANDED. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Sotomayor, Kagan, Gorsuch, and Kavanaugh, JJ., joined. Thomas, J., filed a dissenting opinion, in which Alito, J., joined as to all but Part II-A-1. VIDED. |
| 04/24/2020 | JUDGMENT ISSUED. |