Skip to main content

Martinez v. Garland

Petition for writ of certiorari granted, judgment vacated, and case remanded to the U.S. Court of Appeals for the 4th Circuit for further consideration in light of Riley v. Bondi on June 30, 2025.

Docket No.23-7678
Op. Below4th Cir.

Issue

(1) Whether 8 U.S.C. § 1252(b)(1)"s 30-day deadline runs from the end of any fear-based proceedings, rather than the date when a reinstatement order is entered and fear-based proceedings can begin; and (2) whether Section 1252(b)(1)"s 30-day deadline is a claim-processing rule rather than a jurisdictional limit.

Proceedings & orders timeline

May 17, 2024
Application (23A1036) to extend the time to file a petition for a writ of certiorari from May 30, 2024 to June 29, 2024, submitted to The Chief Justice.
May 17, 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.
May 22, 2024
Application (23A1036) granted by The Chief Justice extending the time to file until July 1, 2024.
May 29, 2024
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 10, 2024)
Jun 18, 2024
Motion to extend the time to file a response from July 10, 2024 to August 9, 2024, submitted to The Clerk.
Jun 21, 2024
Motion to extend the time to file a response is granted and the time is extended to and including August 9, 2024.
Jul 2, 2024
Supplemental brief of petitioner Jose Antonio Martinez, et al. filed.
Jul 5, 2024
Brief amici curiae of Former U.S. Attorneys General filed. VIDED
Jul 10, 2024
Brief amici curiae of Thirty-Three Former Immigration Judges and Members of the Board of Immigration Appeals filed.
Jul 10, 2024
Brief amici curiae of Civil Procedure and Federal Courts Professors filed.
Aug 5, 2024
Motion to extend the time to file a response from August 9, 2024 to September 13, 2024, submitted to The Clerk.
Aug 6, 2024
Motion to extend the time to file a response is granted and the time is further extended to and including September 13, 2024.
Sep 13, 2024
Brief of respondent Merrick B. Garland, Attorney General filed.
Oct 1, 2024
Reply of petitioners Jose Martinez, et al. filed. (Distributed)
Oct 2, 2024
DISTRIBUTED for Conference of 10/18/2024.
Oct 28, 2024
DISTRIBUTED for Conference of 11/1/2024.
Jun 26, 2025
DISTRIBUTED for Conference of 6/26/2025.
Jun 30, 2025
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Riley v. Bondi, 606 U. S. ___ (2025).
Aug 1, 2025
Judgment Issued.

Welcome to SCOTUSblog

Tell us a bit about yourself so we can tailor what you see. You can update these any time in your account.