Mayorkas v. Innovation Law Lab
Motion to vacate judgment granted and case remanded with instructions to vacate as moot the April 8, 2019, order granting a preliminary injunction under United States v. Munsingwear.
Issue
(1) Whether the Department of Homeland Security policy known as the Migrant Protection Protocols is a lawful implementation of the statutory authority conferred by 8 U.S.C. 1225(b)(2)(C); (2) whether MPP is consistent with any applicable and enforceable non-refoulement obligations; (3) whether MPP is exempt from the Administrative Procedure Act requirement of notice-and-comment rulemaking; and (4) whether the district court's universal preliminary injunction is impermissibly overbroad.
Mar 6, 2020Application (19A960) for a stay pending the filing and disposition of a petition for a writ of certiorari, submitted to Justice Kagan.
Mar 6, 2020Response to application (19A960) requested by Justice Kagan, due Monday, March 9, by 4 p.m. ET.
Mar 9, 2020Response to application from respondents Innovation Law Lab, et al. filed.Mar 9, 2020Motion for leave to file amicus brief and motion for leave to file brief in compliance with Rule 33.2 filed by Immigration Reform Law Institute.Mar 10, 2020Reply of applicants Chad Wolf, Acting Secretary of Homeland Security, et al. filed.Mar 11, 2020Application (19A960) referred to the Court.
Mar 11, 2020Application (19A960) granted by the Court. The application for stay presented to Justice Kagan and by her referred to the Court is granted, and the district court’s April 8, 2019 order granting a preliminary injunction is stayed pending the timely filing and disposition of a petition for a writ of certiorari. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court.
Justice Sotomayor would deny the application.
Apr 10, 2020Petition for a writ of certiorari filed. (Response due May 14, 2020)Apr 22, 2020Application of Innovation Law Lab, et al. for a further extension of time not accepted for filing. (April 23, 2020 - Corrected response extension request to be filed)
Apr 23, 2020Motion to extend the time to file a response from May 14, 2020 to June 13, 2020, submitted to The Clerk.Apr 24, 2020Motion to extend the time to file a response is granted and the time is extended to and including June 15, 2020. See Rule 30.1.
May 7, 2020Motion to extend the time to file a response from June 15, 2020 to July 15, 2020, submitted to The Clerk.May 7, 2020Motion to extend the time to file a response is granted and the time is further extended to and including July 15, 2020.
Jul 15, 2020Brief of respondents Innovation Law Lab, et al. in opposition filed.Jul 29, 2020DISTRIBUTED for Conference of 9/29/2020.
Jul 29, 2020Reply of petitioners Chad Wolf, Acting Secretary of Homeland Security, et al. filed. (Distributed)Oct 5, 2020DISTRIBUTED for Conference of 10/9/2020.
Oct 13, 2020DISTRIBUTED for Conference of 10/16/2020.
Oct 19, 2020Petition GRANTED.
Nov 23, 2020Motion for an extension of time to file the briefs on the merits filed.Nov 24, 2020Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including December 8, 2020. The time to file respondents' brief on the merits is extended to and including January 13, 2021.
Dec 8, 2020Joint appendix (two volumes) filed. (Statement of costs filed 5/12/21).Dec 8, 2020Brief of petitioners Chad Wolf, Acting Secretary of Homeland Security, et al. filed.Dec 31, 2020SET FOR ARGUMENT on Monday, March 1, 2021.
Jan 5, 2021Motion for a further extension of time to file respondents' brief on the merits filed.Jan 7, 2021Motion to extend the time to file respondents' brief on the merits is granted and the time is extended to and including January 15, 2021.
Jan 15, 2021Brief of respondents Innovation Law Lab, et al. filed. (Distributed)Jan 20, 2021Brief amici curiae of Professors of Civil Procedure and Federal Courts filed. (Distributed)Jan 21, 2021Brief amicus curiae of American Bar Association filed. (Distributed)Jan 22, 2021CIRCULATED
Jan 22, 2021Brief amici curiae of Nongovernmental Organizations and Law School Clinics filed. (Distributed)Jan 22, 2021Brief amicus curiae of Mila Sohoni filed. (Distributed)Jan 22, 2021Amicus brief of American Statistical Association not accepted for filing. (January 27, 2021 - to be reprinted and resubmitted)
Jan 22, 2021Brief amicus curiae of American Statistical Association filed. (Distributed)Jan 22, 2021Brief amicus curiae of United Nations High Commissioner for Refugees filed. (Distributed)Jan 22, 2021Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)Jan 22, 2021Brief amici curiae of Immigration and International Law Scholars filed. (Distributed)Jan 22, 2021Brief amici curiae of The Laredo Project and the National Immigrant Justice Center filed. (Distributed)Jan 22, 2021Brief amici curiae of Young Center for Immigrant Children’s Rights, et al., filed. (Distributed)Jan 22, 2021Brief amicus curiae of National Citizenship and Immigration Services Council 119 filed. (Distributed)Jan 22, 2021Brief amici curiae of United States Conference of Catholic Bishops, Catholic Legal Immigration Network, Inc., and Catholic Charities USA filed. (Distributed)Jan 25, 2021Record requested from the U.S.C.A. 9th Circuit.
Jan 28, 2021Record from the U.S.C.A. 9th Circuit electronic and located on Pacer.
Feb 1, 2021Motion to hold further briefing in abeyance and remove the case from the February 2021 argument calendar filed by petitioners. (Distributed)Feb 3, 2021Motion to hold further briefing in abeyance and remove the case from the February 2021 argument calendar GRANTED.
May 18, 2021Motion for leave to intervene filed by States of Texas, Missouri, and Arizona. (Distributed)Jun 1, 2021Response to motion to intervene from respondents filed. (Distributed)Jun 1, 2021Response to motion to intervene from petitioners filed. (Distributed)Jun 1, 2021Suggestion of mootness and motion to vacate the judgment of the court of appeals filed by petitioners. (Distributed)Jun 11, 2021Response to motion to vacate from respondents filed.Jun 15, 2021Reply of petitioners on motion to vacate filed.Jun 16, 2021Reply of States of Texas, Missouri, and Arizona on motion to intervene filed.Jun 18, 2021Supplemental reply of petitioners on motion to vacated filed.Jun 21, 2021Motion for leave to intervene filed by States of Texas, Missouri, and Arizona dismissed as moot.
Jun 21, 2021The motion to vacate the judgment is granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Ninth Circuit with instructions to direct the District Court to vacate as moot the April 8, 2019 order granting a preliminary injunction. See United States v. Munsingwear, Inc., 340 U. S. 36 (1950).
Jul 23, 2021JUDGMENT ISSUED.
Recommended Citation: Mayorkas v. Innovation Law Lab, SCOTUSblog, https://www.scotusblog.com/cases/mayorkas-v-innovation-law-lab/