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Department of Homeland Security v. New York

Petition for certiorari dismissed pursuant to Rule 46, on March 9, 2021

Docket No.20-449
Op. Below2nd Cir.

Issue

(1) Whether entities that are not subject to the public-charge ground of inadmissibility contained in Immigration and Nationality Act, and which seek to expand benefits usage by aliens who are potentially subject to that provision, are proper parties to challenge the U.S. Department of Homeland Security's final rule interpreting the statutory term "public charge" and establishing a framework by which DHS personnel are to assess whether an alien is likely to become a public charge; and (2) whether the final rule is likely contrary to law or arbitrary and capricious.

Proceedings & orders timeline

Oct 7, 2020
Petition for a writ of certiorari filed. (Response due November 9, 2020)
Oct 23, 2020
Motion of Make the Road New York, et al. to extend the time to file a response from November 9, 2020 to December 9, 2020, submitted to The Clerk.
Oct 23, 2020
Motion State of New York, et al. to extend the time to file a response from November 9, 2020 to December 9, 2020, submitted to The Clerk.
Oct 26, 2020
The motions to extend the time to file responses are granted and the time is extended to and including December 9, 2020, for all respondents.
Nov 3, 2020
Blanket Consent filed by Petitioner, United States Department of Homeland Secuirty, et al.
Nov 20, 2020
Motion of New York, et al. to extend the time to file a response from December 9, 2020 to January 8, 2021, submitted to The Clerk.
Nov 20, 2020
Motion of the MRNY Respondents to extend the time to file a response from December 9, 2020 to January 8, 2021, submitted to The Clerk.
Nov 20, 2020
Response to motions from petitioner United States Department of Homeland Secuirty, et al. filed.
Nov 27, 2020
The motions to further extend the time to file responses to the petition for a writ of certiorari are DENIED.
Dec 9, 2020
Brief of respondents States of New York, Connecticut, and Vermont; and City of New York in opposition filed.
Dec 9, 2020
Brief of respondents Make the Road New York, African Services Committee, Asian American Federation, Catholic Charities Community Services (Archdiocese of New York), and Catholic Legal Immigration Network, Inc. in opposition filed.
Dec 23, 2020
DISTRIBUTED for Conference of 1/8/2021.
Dec 23, 2020
Reply of petitioners United States Department of Homeland Secuirty, et al. filed. (Distributed)
Jan 19, 2021
DISTRIBUTED for Conference of 1/22/2021.
Feb 12, 2021
DISTRIBUTED for Conference of 2/19/2021.
Feb 22, 2021
Petition GRANTED.
Mar 9, 2021
Joint stipulation to dismiss the case pursuant Rule 46.1 filed.
Mar 9, 2021
Petition Dismissed - Rule 46.

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