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Patel v. Garland

Docket No.20-979
Op. Below11th Cir.
ArgumentDec 6, 2021

Holding

Federal courts lack jurisdiction to review facts found as part of any judgment relating to the granting of discretionary relief in immigration proceedings enumerated under 8 U.S.C. § 1252(a)(2).

Judgment

Affirmed, 5-4, in an opinion by Amy Coney Barrett on May 16, 2022. Justice Gorsuch filed a dissenting opinion, in which Justices Breyer, Sotomayor, and Kagan joined.

Proceedings & orders timeline

Jan 15, 2021
Petition for a writ of certiorari filed. (Response due February 22, 2021)
Jan 15, 2021
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 filng system.
Feb 11, 2021
Motion to extend the time to file a response from February 22, 2021 to March 24, 2021, submitted to The Clerk.
Feb 12, 2021
Motion to extend the time to file a response is granted and the time is extended to and including March 24, 2021.
Mar 17, 2021
Motion to extend the time to file a response from March 24, 2021 to April 23, 2021, submitted to The Clerk.
Mar 18, 2021
Motion to extend the time to file a response is granted and the time is further extended to and including April 23, 2021.
Apr 15, 2021
Motion to extend the time to file a response from April 23, 2021 to May 17, 2021, submitted to The Clerk.
Apr 16, 2021
Motion to extend the time to file a response is granted and the time is further extended to and including May 17, 2021.
May 17, 2021
Brief of respondent Merrick B. Garland, Attorney General filed.
May 28, 2021
Reply of petitioners Pankajkumar S. Patel, et al. filed. (Distributed)
Jun 1, 2021
DISTRIBUTED for Conference of 6/17/2021.
Jun 21, 2021
DISTRIBUTED for Conference of 6/24/2021.
Jun 28, 2021
Petition GRANTED limited to Question 1 presented by the petition.
Jun 28, 2021
As 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.
Jun 29, 2021
Taylor A.R. Meehan, Esquire, of Chicago, Illinois, is invited to brief and argue this case, as amicus curiae, in support of the judgment below.
Jul 13, 2021
Motion to dispense with printing the joint appendix filed by petitioners Pankajkumar S. Patel, et al.
Jul 20, 2021
Motion for an extension of time to file the briefs on the merits filed.
Jul 28, 2021
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and the petitioners' brief on the merits is extended to and including August 31, 2021. The time to file the brief of the Court-appointed amicus curiae in support of the judgment below is extended to and including October 19, 2021.
Aug 23, 2021
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Aug 31, 2021
Brief of petitioners Pankajkumar S. Patel, et al. filed.
Aug 31, 2021
Brief of respondent Merrick B. Garland, Attorney General in support filed.
Sep 3, 2021
Brief amicus curiae of American Immigration Lawyers Association filed.
Sep 7, 2021
Brief amici curiae of Law Professors filed.
Sep 7, 2021
Brief amici curiae of Former Executive Office for Immigration Review Judges filed.
Sep 7, 2021
Brief amici curiae of National Immigration Litigation Alliance filed.
Sep 7, 2021
Brief amici curiae of The American Immigration Council, et al. filed.
Sep 20, 2021
SET FOR ARGUMENT on Monday, December 6, 2021.
Sep 27, 2021
Record requested from the U.S.C.A. 11th Circuit.
Sep 28, 2021
The record from the U.S.C.A. 11th Circuit is electronic and located on Pacer, also the record has been received and has been electronically filed.
Oct 19, 2021
Brief of Court-appointed amicus curiae in support of the judgment below filed.
Oct 26, 2021
Motion for divided argument filed by respondent Merrick B. Garland, Attorney General.
Oct 29, 2021
CIRCULATED
Nov 8, 2021
Motion for divided argument filed by respondent GRANTED.
Nov 15, 2021
Record received from the 11th Circuit. The record is Sealed and filed electronically.
Nov 18, 2021
Reply of respondent Merrick B. Garland, Attorney General filed. (Distributed)
Nov 18, 2021
Reply of petitioners Pankajkumar S. Patel, et al. filed. (Distributed)
Dec 6, 2021
Argued. For petitioners: Mark C. Fleming, Boston, Mass. For respondent in support: Austin L. Raynor, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For Court-appointed amicus curiae in support of the judgment below: Taylor A.R. Meehan, Chicago, Ill.
May 16, 2022
Adjudged to be AFFIRMED. Barrett, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, and Kavanaugh, JJ., joined. Gorsuch, J., filed a dissenting opinion, in which Breyer, Sotomayor, and Kagan, JJ., joined.
Jun 17, 2022
JUDGMENT ISSUED

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