Riley v. Bondi
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 23-1270 | 4th Cir. | Mar 24, 2025 | Jun 26, 2025 | 5-4 | Alito | OT 2024 |
Holding: An order from the Board of Immigration Appeals denying deferral of removal in a “withholding only” proceeding is not a “final order of removal” under 8 U.S.C. § 1252(b)(1); the 30-day filing deadline to challenge a final order of removal under is a claims-processing rule, not a jurisdictional requirement.
Judgment: Vacated and remanded, 5-4, in an opinion by Justice Alito on June 26, 2025. Justices Sotomayor, Kagan, Gorsuch, and Jackson joined only Part II-B of the opinion of the court. Justice Thomas filed a concurring opinion. Sotomayor filed an opinion dissenting in part, which was joined in full by Kagan and Jackson and in part by Gorsuch.
SCOTUSblog Coverage
- Additional opinions from Thursday, June 26 (SCOTUSblog, June 26, 2025)
- The cases that remain (Amy Howe, June 24, 2025)
- Court sets March argument schedule (Amy Howe, February 10, 2025)
- Former Roberts clerk appointed to argue deportation case (Amy Howe, December 3, 2024)
- Supreme Court will hear case on second majority-Black district in Louisiana redistricting (Amy Howe, November 4, 2024)
- Timing rules for reviewing deportation decisions concerning persecution or torture risk (John Elwood, October 31, 2024)
| Date | Proceedings and Orders |
|---|---|
| 05/31/2024 | Petition for a writ of certiorari filed. (Response due July 5, 2024) |
| 05/31/2024 | 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. |
| 06/17/2024 | Motion to extend the time to file a response from July 5, 2024 to August 5, 2024, submitted to The Clerk. |
| 06/18/2024 | Motion to extend the time to file a response is granted and the time is extended to and including August 5, 2024. |
| 07/05/2024 | Brief amici curiae of Former U.S. Attorneys General filed. VIDED |
| 08/02/2024 | Motion to extend the time to file a response from August 5, 2024 to September 13, 2024, submitted to The Clerk. |
| 08/05/2024 | Motion to extend the time to file a response is granted and the time is further extended to and including September 13, 2024. |
| 09/13/2024 | Brief of respondent Merrick B. Garland, Attorney General filed. |
| 10/01/2024 | Reply of petitioner Pierre Riley filed. (Distributed) |
| 10/02/2024 | DISTRIBUTED for Conference of 10/18/2024. |
| 10/28/2024 | DISTRIBUTED for Conference of 11/1/2024. |
| 11/04/2024 | Petition GRANTED limited to the questions presented by the respondent's brief. |
| 11/04/2024 | 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. |
| 11/04/2024 | Motion of Former U.S. Attorneys General for leave to participate in oral argument and for divided argument not accepted for filing. (November 25, 2024) |
| 11/18/2024 | Letter to Clerk of Former U.S. Attorneys General not accepted for filing. (November 25, 2024) |
| 12/03/2024 | Stephen J. Hammer, Esquire, of Dallas, Texas, is invited to brief and argue this case, as amicus curiae, in support of the judgment below. |
| 12/03/2024 | Brief amici curiae of Former U.S. Attorneys General in support of neither party filed. |
| 12/03/2024 | Motion for leave to participate in oral argument and for divided argument of Former U.S. Attorneys General withdrawn by counsel of record. |
| 12/04/2024 | Motion for an extension of time to file the briefs on the merits filed. (December 10, 2024) |
| 12/04/2024 | Letter withdrawing motion (December 3, 2024) of Former U.S. Attorneys General filed. |
| 12/10/2024 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix, petitioner's brief on the merits, and respondents' brief supporting petitioner on the merits is extended to and including January 3, 2025. The time to file the brief of Court-appointed amicus curiae in support of the judgment below is extended to and including February 18, 2025. |
| 01/03/2025 | Joint appendix (2 volumes redacted) filed. (Statement of costs filed) |
| 01/03/2025 | Brief of petitioner Pierre Riley filed. |
| 01/03/2025 | Brief of respondent Merrick B. Garland, Attorney General in support of petitioner filed. |
| 01/03/2025 | Motion to seal the appendix to the petition, and for leave to file the joint appendix under seal with redacted copies for the public record filed by petitioner Pierre Riley. (January 21, 2025 - electronic file of motion only). |
| 01/10/2025 | Brief amicus curiae of Center for Litigation and Courts in support of neither party filed. |
| 01/10/2025 | Brief amici curiae of Constitutional Accountability Center and National Immigration Litigation Alliance filed. |
| 01/10/2025 | Brief amici curiae of Administrative Law Professors filed. |
| 01/10/2025 | Brief amicus curiae of Juan E. Mendez filed. |
| 01/10/2025 | Brief amici curiae of Civil Procedure and Federal Courts Professors filed. |
| 01/10/2025 | Brief amicus curiae of Pacific Legal Foundation filed. |
| 01/10/2025 | Brief amici curiae of American Immigration Lawyers Association and American Immigration Council filed. |
| 01/10/2025 | Brief amici curiae of Immigration Legal Service Providers filed. |
| 01/27/2025 | Motion to seal the appendix to the petition for a writ of certiorari, and for leave to file the joint appendix under seal, with redacted copies for the public record GRANTED. |
| 02/10/2025 | SET FOR ARGUMENT on Monday, March 24, 2025. |
| 02/11/2025 | Record requested from the United States Court of Appeals for the Fourth Circuit. |
| 02/18/2025 | Brief amicus curiae of Court-appointed amicus curiae in support of the judgment below filed. (Distributed) |
| 02/19/2025 | CIRCULATED |
| 02/20/2025 | Motion for divided argument filed by the Acting Solicitor General. |
| 02/25/2025 | Brief amicus curiae of Immigration Reform Law Institute filed. (Distributed) |
| 03/03/2025 | Motion for divided argument filed by the Acting Solicitor General GRANTED. |
| 03/14/2025 | Reply of respondent Pamela Bondi, Attorney General, in support of petitioner filed. (Distributed) |
| 03/14/2025 | Reply of petitioner Pierre Yassue Nashun Riley filed. (Distributed) |
| 03/24/2025 | Argued. For petitioner: Keith Bradley, Denver, Colo. For respondent in support of petitioner: Ephraim McDowell, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For Court-appointed amicus curiae in support of the judgment below: Stephen J. Hammer, Dallas, Tex. |
| 06/26/2025 | Judgment VACATED and case REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., Thomas, Kavanaugh, and Barrett, JJ., joined in full, and in which Sotomayor, Kagan, Gorsuch, and Jackson, JJ., joined only as to Part II–B. Thomas, J., filed a concurring opinion. Sotomayor, J., filed an opinion dissenting in part, in which Kagan and Jackson, JJ., joined in full, and in which Gorsuch, J., joined except as to Part IV. |