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Diaz-Rodriguez v. Garland

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 Loper Bright Enterprises v. Raimondo on July 2, 2024.

Docket No.22-863
Op. Below9th Cir.

Issue

Whether the provision of the Immigration and Nationality Act providing that noncitizens may be removed, and are ineligible for many forms of discretionary relief from removal, if they have been "convicted of ... a crime of child abuse, child neglect, or child abandonment" encompasses a conviction for a state crime of child endangerment that criminalizes a negligent act creating a risk of harm to a child, even if no harm actually ensues.

Proceedings & orders timeline

Mar 8, 2023
Petition for a writ of certiorari filed. (Response due April 10, 2023)
Mar 8, 2023
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.
Mar 27, 2023
Motion to extend the time to file a response from April 10, 2023 to May 10, 2023, submitted to The Clerk.
Mar 28, 2023
Motion to extend the time to file a response is granted and the time is extended to and including May 10, 2023.
Apr 10, 2023
Brief amici curiae of American Immigration Lawyers Association, et al. filed.
Apr 10, 2023
Brief amici curiae of National Coalition for Child Protection Reform, et al. filed.
May 1, 2023
Motion to extend the time to file a response from May 10, 2023 to May 23, 2023, submitted to The Clerk.
May 2, 2023
Motion to extend the time to file a response is granted and the time is further extended to and including May 23, 2023.
May 23, 2023
Brief of respondent Merrick B. Garland, Attorney General in opposition filed.
Jun 6, 2023
DISTRIBUTED for Conference of 6/22/2023.
Jun 6, 2023
Reply of petitioner Rafael Diaz-Rodriguez filed. (Distributed)
Jun 28, 2024
DISTRIBUTED for Conference of 7/1/2024.
Jul 2, 2024
Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Loper Bright Enterprises v. Raimondo, 603 U. S. ___ (2024).
Aug 5, 2024
Judgment Issued.

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