Immigration and Customs Enforcement v. Padilla
Petition for certiorari granted, judgment vacated and case remanded to the U.S. Court of Appeals for the 9th Circuit for further consideration in light of Department of Homeland Security v. Thuraissigiam, on January 11, 2021
Issue: (1) Whether 8 U.S.C. § 1225(b)(l)(B)(ii) " which authorizes the government to detain aliens who are placed in expedited removal proceedings, but who then establish a credible fear of persecution based on a protected ground " violates the due process clause of the Fifth Amendment because it contains no provision authorizing bond hearings; and (2) whether 8 U.S.C. § 1252(f)(1) prohibits lower courts from granting classwide injunctions against the operation of 8 U.S.C. §" 1221"1232.
SCOTUSblog Coverage
- Petitions of the week: A pair of cases on Trump and the emoluments clauses (Andrew Hamm, September 18, 2020)
| Date | Proceedings and Orders |
|---|---|
| 08/24/2020 | Petition for a writ of certiorari filed. (Response due September 28, 2020) |
| 09/04/2020 | Motion to extend the time to file a response from September 28, 2020 to November 23, 2020, submitted to The Clerk. |
| 09/08/2020 | Motion to extend the time to file a response is granted and the time is extended to and including November 23, 2020. |
| 11/05/2020 | Motion to extend the time to file a response from November 23, 2020 to December 23, 2020, submitted to The Clerk. |
| 11/06/2020 | Motion to extend the time to file a response is granted in part; the time is extended to and including December 9, 2020. |
| 12/09/2020 | Brief of respondents Yolany Padilla, et al. in opposition filed. |
| 12/23/2020 | DISTRIBUTED for Conference of 1/8/2021. |
| 01/11/2021 | Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Department of Homeland Security v. Thuraissigiam, 591 U. S. ___ (2020). |
| 02/12/2021 | JUDGMENT ISSUED. |