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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

Docket No.20-234
Op. Below9th Cir.
SCOTUS Page

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.

Proceedings & orders timeline

Aug 24, 2020
Petition for a writ of certiorari filed. (Response due September 28, 2020)Sep 4, 2020
Motion to extend the time to file a response from September 28, 2020 to November 23, 2020, submitted to The Clerk.
Sep 8, 2020
Motion to extend the time to file a response is granted and the time is extended to and including November 23, 2020.
Nov 5, 2020
Motion to extend the time to file a response from November 23, 2020 to December 23, 2020, submitted to The Clerk.
Nov 6, 2020
Motion to extend the time to file a response is granted in part; the time is extended to and including December 9, 2020.
Dec 9, 2020
Brief of respondents Yolany Padilla, et al. in opposition filed.
Dec 23, 2020
DISTRIBUTED for Conference of 1/8/2021.
Jan 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).
Feb 12, 2021
JUDGMENT ISSUED.

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