Niz-Chavez v. Garland
Holding
A notice to appear sufficient to trigger the Illegal Immigration Reform and Immigrant Responsibility Act of 1996's stop-time rule is a single document containing all the information about an individual's removal hearing specified in 8 U.S.C. § 1229(a)(1).
Judgment
Reversed, 6-3, in an opinion by Neil Gorsuch on Apr 29, 2021. Justice Kavanaugh filed a dissenting opinion, in which Chief Justice Roberts and Justice Alito joined.
Jan 9, 2020Petition for a writ of certiorari filed. (Response due February 10, 2020)
Jan 9, 2020Pursuant 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 ths case should be submitted in paper form only, and should not be submitted through the Court's electronic filing systesm.
Feb 5, 2020Motion to extend the time to file a response from February 10, 2020 to March 11, 2020, submitted to The Clerk.
Feb 5, 2020Motion to extend the time to file a response is granted and the time is extended to and including March 11, 2020.
Mar 5, 2020Motion to extend the time to file a response from March 11, 2020 to April 10, 2020, submitted to The Clerk.
Mar 6, 2020Motion to extend the time to file a response is granted and the time is further extended to and including April 10, 2020.
Apr 10, 2020Brief of respondent William P. Barr, Attorney General in opposition filed.Apr 20, 2020Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from April 28, 2020 to May 12, 2020, submitted to The Clerk.Apr 21, 2020Motion to delay distribution of the petition for a writ of certiorari until May 12, 2020, granted.
May 1, 2020Letter of May 1, 2020 from the Solicitor General filed.May 11, 2020Reply of petitioner Agusto Niz-Chavez filed.May 12, 2020DISTRIBUTED for Conference of 5/28/2020.
May 20, 2020Letter of May 20, 2020 from counsel for petitioner filed.Jun 1, 2020DISTRIBUTED for Conference of 6/4/2020.
Jun 8, 2020Petition GRANTED.
Jun 8, 2020As Rule 34.6 provides, “If the Court schedules briefing and oral argument in a case that was governed by Federal Rule of Civil Procedure 5.2(c) or Federal Rule of Criminal Procedure 49.1(c), the parties shall submit electronic versions of all prior and subsequent filings with this Court in the case, subject to [applicable] redaction rules.” Subsequent party and amicus filings in the case should now be submitted through the Court’s electronic filing system, with any necessary redactions.
Jul 13, 2020Motion for an extension of time to file the briefs on the merits filed.Jul 20, 2020Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 6, 2020. The time to file respondent's brief on the merits is extended to and including September 21, 2020.
Aug 6, 2020Joint appendix filed. (Statement of costs filed)Aug 6, 2020Brief of petitioner Agusto Niz-Chavez filed.Aug 13, 2020Brief amici curiae of Thirty-Three Former Immigration Judges and Members of the Board of Immigration Appeals filed.Aug 13, 2020Brief amicus curiae of National Immigrant Justice Center filed.Aug 13, 2020Brief amici curiae of American Immigration Lawyers Association, The American Immigration Council, Legal Services Providers filed.Aug 19, 2020SET FOR ARGUMENT on Monday, November 9, 2020.
Aug 31, 2020Record requested from the U.S.C.A. 6th Circuit.
Sep 1, 2020Record of the U.S.C.A.6th Circuit electronically received.
Sep 2, 2020CIRCULATED
Sep 16, 2020Motion for an extension of time to file respondent's brief on the merits filed.Sep 18, 2020Motion to extend the time to file respondent's brief on the merits granted and the time is extended to and including September 25, 2020.
Sep 25, 2020Brief of respondent William P. Barr, Attorney General filed. (Distributed)Oct 2, 2020Brief amicus curiae of Immigration Reform Law Institute filed. (Distributed)Oct 26, 2020Reply of petitioner Agusto Niz-Chavez filed. (Distributed)Nov 9, 2020Argued. For petitioner: David Zimmer, Boston, Mass. For respondent: Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Apr 29, 2021Judgment REVERSED. Gorsuch, J., delivered the opinion of the Court, in which Thomas, Breyer, Sotomayor, Kagan, and Barrett, JJ., joined. Kavanaugh, J., filed a dissenting opinion, in which Roberts, C. J., and Alito, J., joined.
Jun 1, 2021JUDGMENT ISSUED.
Recommended Citation: Niz-Chavez v. Garland, SCOTUSblog, https://www.scotusblog.com/cases/niz-chavez-v-garland/