Jennings v. Rodriguez
Holding
Sections 1225(b), 1226(a) and 1226(c) of Title 8 of the U.S. Code do not give detained aliens the right to periodic bond hearings during the course of their detention; the U.S. Court of Appeals for the 9th Circuit misapplied the canon of constitutional avoidance in holding otherwise.
Judgment
Reversed and remanded, 5-3, in an opinion by Samuel Alito on Feb 27, 2018. Chief Justice Roberts and Justice Kennedy joined Justice Alito's opinion in full. Justices Thomas and Gorsuch joined as to all but Part II. Justice Sotomayor joined Part III–C. Justice Thomas filed an opinion concurring in part and concurring in the judgment, in which Justice Gorsuch joined except for footnote 6. Justice Breyer filed a dissenting opinion, in which Justices Ginsburg and Sotomayor joined. Justice Kagan took no part in the decision of the case.
Jan 15, 2016Application (15A747) to extend the time to file a petition for a writ of certiorari from January 26, 2016 to February 25, 2016, submitted to Justice Kennedy.
Jan 21, 2016Application (15A747) granted by Justice Kennedy extending the time to file until February 25, 2016.
Feb 12, 2016Application (15A747) to extend further the time from February 25, 2016 to March 26, 2016, submitted to Justice Kennedy.
Feb 16, 2016Application (15A747) granted by Justice Kennedy extending the time to file until March 26, 2016.
Mar 25, 2016Petition for a writ of certiorari filed. (Response due April 27, 2016)Apr 18, 2016Order extending time to file response to petition to and including May 24, 2016.
May 10, 2016Brief of respondents Alejandro Rodriguez, et al. in opposition filed.May 24, 2016DISTRIBUTED for Conference of June 9, 2016.
May 24, 2016Reply of petitioners David Jennings, et al. filed. (Distributed)Jun 13, 2016DISTRIBUTED for Conference of June 16, 2016.
Jun 20, 2016Petition GRANTED.
Jul 27, 2016The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 26, 2016.
Jul 27, 2016The time to file respondents' brief on the merits is extended to and including October 17, 2016.
Aug 26, 2016Joint appendix filed. (Statement of costs filed.)
Aug 26, 2016Brief of petitioners David Jennings, et al. filed.Aug 26, 2016Copies of letter referenced in footnote 10 of petitioners' brief on the merits submitted.
Oct 3, 2016Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents.
Oct 7, 2016Consent to the filing of amicus curiae briefs, in support of either party or of neither party, from counsel for petitioners.
Oct 17, 2016Brief of respondents Alejandro Rodriguez, et al. filed.Oct 17, 2016Response to petitioners’ letter of 8/26/16 submitted.
Oct 21, 2016SET FOR ARGUMENT on Wednesday, November 30, 2016
Oct 24, 2016Brief amici curiae of Members of Asian Americans Advancing Justice filed.Oct 24, 2016Brief amici curiae of National Immigration Project of the National Lawyers Guild, and the Immigrant Legal Resource Center filed.Oct 24, 2016Brief amici curiae of American Immigration Council, and American Immigration Lawyers Association filed.Oct 24, 2016Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.Oct 24, 2016Brief amici curiae of Detained Legal Services Providers filed.Oct 24, 2016Brief amici curiae of 43 Social Science Researchers and Professors filed.Oct 24, 2016Brief amici curiae of Professors of Constitutional, Immigration, and Administrative Law filed. (Distributed)Oct 24, 2016Brief amici curiae of Human Rights First, and International Law Scholars William Aceves, et al. filed. (Distributed)Oct 24, 2016Brief amici curiae of Americans for Immigrant Justice, et al. filed. (Distributed)Oct 24, 2016Brief amici curiae of Nine Retired Immigration Judges, and Board of Immigration Appeals Members filed. (Distributed)Oct 24, 2016Brief amicus curiae of United Nations High Commissioner for Refugees filed. (Distributed)Oct 24, 2016Brief amicus curiae of American Bar Association filed. (Distributed)Oct 26, 2016CIRCULATED.
Nov 1, 2016Record requested from the U.S.C.A. 9th Circuit.
Nov 3, 2016Record received from U.S.C.A. 9th Circuit is electronic and located on PACER. Sealed records also received is electronic.
Nov 16, 2016Reply of petitioners David Jennings, et al. filed. (Distributed)Nov 30, 2016Argued. For petitioners: Ian H. Gershengorn, Acting Solicitor General, Department of Justice, Washington, D. C. For respondents: Ahilan T. Arulanantham, Los Angeles, Cal.
Dec 15, 2016The parties are directed to file supplemental briefs addressing the following questions: 1) Whether the Constitution requires that aliens seeking admission to the United States who are subject to mandatory detention under 8 U.S.C. § 1225(b) must be afforded bond hearings, with the possibility of release into the United States, if detention lasts six months. 2) Whether the Constitution requires that criminal or terrorist aliens who are subject to mandatory detention under Section 1226(c) must be afforded bond hearings, with the possibility of release, if detention lasts six months. 3) Whether the Constitution requires that, in bond hearings for aliens detained for six months under Sections 1225(b), 1226(c), or 1226(a), the alien is entitled to release unless the government demonstrates by clear and convincing evidence that the alien is a flight risk or a danger to the community, whether the length of the alien’s detention must be weighed in favor of release, and whether new bond hearings must be afforded automatically every six months.
The briefs are to be filed simultaneously with the Clerk and served upon opposing counsel on or before 2 p.m., Tuesday, January 17, 2017. Amicus briefs may be filed with the Clerk and served upon counsel on or before 2 p.m., Friday, January 27, 2017. Reply briefs are to be filed simultaneously with the Clerk and served upon opposing counsel on or before 2 p.m., Monday, February 6, 2017. The word limits and cover colors for the briefs should correspond to the provisions of Rule 33.1(g) pertaining to briefs on the merits rather than to the provision pertaining to supplemental briefs.
Dec 21, 2016The time for the parties to file their supplemental briefs is extended to and including 2 p.m., Tuesday, January 31, 2017. Amicus briefs may be filed on or before 2 p.m., Friday, February 10, 2017. Reply briefs are to be filed on or before 2 p.m., Tuesday, February 21, 2017.
Jan 31, 2017Supplemental brief of petitioners David Jennings, et al. filed. (Distributed)Jan 31, 2017Supplemental brief of respondents Alejandro Rodriguez, et al. filed. (Distributed)Feb 10, 2017Brief amici curiae of 29 U.S. Representatives: Chairman Robert Goodlatte, et al. in support of petitioners filed. (Distributed)Feb 10, 2017Brief amici curiae of National Immigration Project of the National Lawyers Guild, et al. in support of respondents filed. (Distributed)Feb 10, 2017Brief amici curiae of Americans for Immigrant Justice, et al. in support of respondents filed. (Distributed)Feb 10, 2017Brief amici curiae of Professors Stephen H. Legomsky and Stephen Yale-Loehr in support of respondents filed. (Distributed)Feb 10, 2017Brief amicus curiae of American Bar Association in support of respondents filed. (Distributed)Feb 10, 2017Brief amici curiae of States of California, et al. in support of respondents filed. (Distributed)Feb 10, 2017Brief amici curiae of County of Santa Clara California, and 19 additional counties, et al. in support of respondents filed. (Distributed)Feb 10, 2017Brief amicus curiae of Human Rights First in support of respondents (To Be Recovered) filed. (Distributed)Feb 10, 2017Brief amicus curiae in support of petitioners of
Eagle Forum Education & Legal Defense Fund
filed. (Distributed)
Feb 21, 2017Supplemental reply brief of respondents Alejandro Rodriguez, et al. filed. (Distributed)Feb 21, 2017Supplemental reply brief of petitioners David Jennings, et al. filed. (Distributed)Mar 2, 2017Letter received from counsel for Respondents (Distributed)Jun 26, 2017This case is restored to the calendar for reargument.
Jul 19, 2017SET FOR REARGUMENT on Tuesday, October 3, 2017.
Aug 1, 2017Record requested from the U.S.C.A. 9th Circuit.
Aug 3, 2017Record received from the U.S.C.A. 9th Circuit is electronic.
Aug 3, 2017Record received from the U.S.D.C. District of Central California is electronic.
Oct 3, 2017Argued. For petitioners: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents: Ahilan T. Arulanantham, Los Angeles, Cal.
Nov 10, 2017Letter from Clerk of Court to counsel of record noting that Justice Kagan will not continue to participate in this case.
Dec 27, 2017Letter of respondents Alejandro Rodriguez, et al. filed. (Distributed)Feb 27, 2018Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion of the Court, except as to Part II. Roberts, C. J., and Kennedy, J., joined that opinion in full; Thomas and Gorsuch, JJ., joined as to all but Part II; and Sotomayor, J., joined as to Part III-C. Thomas, J., filed an opinion concurring in part and concurring in the judgment, in which Gorsuch, J., joined except for footnote 6. Breyer, J., filed a dissenting opinion, in which Ginsburg and Sotomayor, JJ., joined. Kagan, J., took no part in the decision of the case.
Apr 2, 2018JUDGMENT ISSUED.
Recommended Citation: Jennings v. Rodriguez, SCOTUSblog, https://www.scotusblog.com/cases/jennings-v-rodriguez/