Mayorkas v. Innovation Law Lab
Motion to vacate judgment granted and case remanded with instructions to vacate as moot the April 8, 2019, order granting a preliminary injunction under United States v. Munsingwear.
Issue: (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.
SCOTUSblog Coverage
- Justices dismiss challenge to remain in Mexico policy (Amy Howe, June 22, 2021)
- Justices take immigration cases off February calendar (Amy Howe, February 3, 2021)
- Biden administration asks justices to take immigration cases off February calendar (Amy Howe, February 2, 2021)
- February argument calendar includes immigration, voting-rights cases (Amy Howe, December 31, 2020)
- Justices take up border-wall, remain in Mexico cases (Amy Howe, October 19, 2020)
- Relist Watch (John Elwood, October 14, 2020)
- Relist Watch: Worst Monday in October (John Elwood, October 7, 2020)
- Petitions of the week (Andrew Hamm, May 12, 2020)
- Court grants governments request to enforce remain in Mexico policy (Amy Howe, March 11, 2020)
- Government asks justices for permission to enforce remain in Mexico policy (Amy Howe, March 6, 2020)
| Date | Proceedings and Orders |
|---|---|
| 03/06/2020 | Application (19A960) for a stay pending the filing and disposition of a petition for a writ of certiorari, submitted to Justice Kagan. |
| 03/06/2020 | Response to application (19A960) requested by Justice Kagan, due Monday, March 9, by 4 p.m. ET. |
| 03/09/2020 | Response to application from respondents Innovation Law Lab, et al. filed. |
| 03/09/2020 | Motion 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. |
| 03/10/2020 | Reply of applicants Chad Wolf, Acting Secretary of Homeland Security, et al. filed. |
| 03/11/2020 | Application (19A960) referred to the Court. |
| 03/11/2020 | Application (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. |
| 04/10/2020 | Petition for a writ of certiorari filed. (Response due May 14, 2020) |
| 04/22/2020 | Application 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) |
| 04/23/2020 | Motion to extend the time to file a response from May 14, 2020 to June 13, 2020, submitted to The Clerk. |
| 04/24/2020 | Motion 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. |
| 05/07/2020 | Motion to extend the time to file a response from June 15, 2020 to July 15, 2020, submitted to The Clerk. |
| 05/07/2020 | Motion to extend the time to file a response is granted and the time is further extended to and including July 15, 2020. |
| 07/15/2020 | Brief of respondents Innovation Law Lab, et al. in opposition filed. |
| 07/29/2020 | DISTRIBUTED for Conference of 9/29/2020. |
| 07/29/2020 | Reply of petitioners Chad Wolf, Acting Secretary of Homeland Security, et al. filed. (Distributed) |
| 10/05/2020 | DISTRIBUTED for Conference of 10/9/2020. |
| 10/13/2020 | DISTRIBUTED for Conference of 10/16/2020. |
| 10/19/2020 | Petition GRANTED. |
| 11/23/2020 | Motion for an extension of time to file the briefs on the merits filed. |
| 11/24/2020 | 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 December 8, 2020. The time to file respondents' brief on the merits is extended to and including January 13, 2021. |
| 12/08/2020 | Joint appendix (two volumes) filed. (Statement of costs filed 5/12/21). |
| 12/08/2020 | Brief of petitioners Chad Wolf, Acting Secretary of Homeland Security, et al. filed. |
| 12/31/2020 | SET FOR ARGUMENT on Monday, March 1, 2021. |
| 01/05/2021 | Motion for a further extension of time to file respondents' brief on the merits filed. |
| 01/07/2021 | Motion to extend the time to file respondents' brief on the merits is granted and the time is extended to and including January 15, 2021. |
| 01/15/2021 | Brief of respondents Innovation Law Lab, et al. filed. (Distributed) |
| 01/20/2021 | Brief amici curiae of Professors of Civil Procedure and Federal Courts filed. (Distributed) |
| 01/21/2021 | Brief amicus curiae of American Bar Association filed. (Distributed) |
| 01/22/2021 | CIRCULATED |
| 01/22/2021 | Brief amici curiae of Nongovernmental Organizations and Law School Clinics filed. (Distributed) |
| 01/22/2021 | Brief amicus curiae of Mila Sohoni filed. (Distributed) |
| 01/22/2021 | Amicus brief of American Statistical Association not accepted for filing. (January 27, 2021 - to be reprinted and resubmitted) |
| 01/22/2021 | Brief amicus curiae of American Statistical Association filed. (Distributed) |
| 01/22/2021 | Brief amicus curiae of United Nations High Commissioner for Refugees filed. (Distributed) |
| 01/22/2021 | Brief amicus curiae of Constitutional Accountability Center filed. (Distributed) |
| 01/22/2021 | Brief amici curiae of Immigration and International Law Scholars filed. (Distributed) |
| 01/22/2021 | Brief amici curiae of The Laredo Project and the National Immigrant Justice Center filed. (Distributed) |
| 01/22/2021 | Brief amici curiae of Young Center for Immigrant Children’s Rights, et al., filed. (Distributed) |
| 01/22/2021 | Brief amicus curiae of National Citizenship and Immigration Services Council 119 filed. (Distributed) |
| 01/22/2021 | Brief amici curiae of United States Conference of Catholic Bishops, Catholic Legal Immigration Network, Inc., and Catholic Charities USA filed. (Distributed) |
| 01/25/2021 | Record requested from the U.S.C.A. 9th Circuit. |
| 01/28/2021 | Record from the U.S.C.A. 9th Circuit electronic and located on Pacer. |
| 02/01/2021 | Motion to hold further briefing in abeyance and remove the case from the February 2021 argument calendar filed by petitioners. (Distributed) |
| 02/03/2021 | Motion to hold further briefing in abeyance and remove the case from the February 2021 argument calendar GRANTED. |
| 05/18/2021 | Motion for leave to intervene filed by States of Texas, Missouri, and Arizona. (Distributed) |
| 06/01/2021 | Response to motion to intervene from respondents filed. (Distributed) |
| 06/01/2021 | Response to motion to intervene from petitioners filed. (Distributed) |
| 06/01/2021 | Suggestion of mootness and motion to vacate the judgment of the court of appeals filed by petitioners. (Distributed) |
| 06/11/2021 | Response to motion to vacate from respondents filed. |
| 06/15/2021 | Reply of petitioners on motion to vacate filed. |
| 06/16/2021 | Reply of States of Texas, Missouri, and Arizona on motion to intervene filed. |
| 06/18/2021 | Supplemental reply of petitioners on motion to vacated filed. |
| 06/21/2021 | Motion for leave to intervene filed by States of Texas, Missouri, and Arizona dismissed as moot. |
| 06/21/2021 | The motion to vacate the judgment is granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Ninth Circuit with instructions to direct the District Court to vacate as moot the April 8, 2019 order granting a preliminary injunction. See United States v. Munsingwear, Inc., 340 U. S. 36 (1950). |
| 07/23/2021 | JUDGMENT ISSUED. |