Riley v. Bondi
Holding
An order from the Board of Immigration Appeals denying deferral of removal in a “withholding only” proceeding is not a “final order of removal” under 8 U.S.C. § 1252(b)(1); the 30-day filing deadline to challenge a final order of removal under is a claims-processing rule, not a jurisdictional requirement.
Judgment
Vacated and remanded, 5-4, in an opinion by Samuel Alito on Jun 26, 2025. Justices Sotomayor, Kagan, Gorsuch, and Jackson joined only Part II-B of the opinion of the court. Justice Thomas filed a concurring opinion. Sotomayor filed an opinion dissenting in part, which was joined in full by Kagan and Jackson and in part by Gorsuch.
May 31, 2024Petition for a writ of certiorari filed. (Response due July 5, 2024)
May 31, 2024Pursuant 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.
Jun 17, 2024Motion to extend the time to file a response from July 5, 2024 to August 5, 2024, submitted to The Clerk.
Jun 18, 2024Motion to extend the time to file a response is granted and the time is extended to and including August 5, 2024.
Jul 5, 2024Brief amici curiae of Former U.S. Attorneys General filed. VIDED
Aug 2, 2024Motion to extend the time to file a response from August 5, 2024 to September 13, 2024, submitted to The Clerk.
Aug 5, 2024Motion to extend the time to file a response is granted and the time is further extended to and including September 13, 2024.
Sep 13, 2024Brief of respondent Merrick B. Garland, Attorney General filed.Oct 1, 2024Reply of petitioner Pierre Riley filed. (Distributed)Oct 2, 2024DISTRIBUTED for Conference of 10/18/2024.
Oct 28, 2024DISTRIBUTED for Conference of 11/1/2024.
Nov 4, 2024Petition GRANTED limited to the questions presented by the respondent's brief.
Nov 4, 2024As 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.
Nov 4, 2024Motion of Former U.S. Attorneys General for leave to participate in oral argument and for divided argument not accepted for filing. (November 25, 2024)
Nov 18, 2024Letter to Clerk of Former U.S. Attorneys General not accepted for filing. (November 25, 2024)
Dec 3, 2024Stephen J. Hammer, Esquire, of Dallas, Texas, is invited to brief and argue this case, as amicus curiae, in support of the judgment below.
Dec 3, 2024Brief amici curiae of Former U.S. Attorneys General in support of neither party filed.Dec 3, 2024Motion for leave to participate in oral argument and for divided argument of Former U.S. Attorneys General withdrawn by counsel of record.
Dec 4, 2024Motion for an extension of time to file the briefs on the merits filed. (December 10, 2024)Dec 4, 2024Letter withdrawing motion (December 3, 2024) of Former U.S. Attorneys General filed.Dec 10, 2024Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix, petitioner's brief on the merits, and respondents' brief supporting petitioner on the merits is extended to and including January 3, 2025. The time to file the brief of Court-appointed amicus curiae in support of the judgment below is extended to and including February 18, 2025.
Jan 3, 2025Joint appendix (2 volumes redacted) filed. (Statement of costs filed)Jan 3, 2025Brief of petitioner Pierre Riley filed.Jan 3, 2025Brief of respondent Merrick B. Garland, Attorney General in support of petitioner filed.Jan 3, 2025Motion to seal the appendix to the petition, and for leave to file the joint appendix under seal with redacted copies for the public record filed by petitioner Pierre Riley. (January 21, 2025 - electronic file of motion only).Jan 10, 2025Brief amicus curiae of Center for Litigation and Courts in support of neither party filed.Jan 10, 2025Brief amici curiae of Constitutional Accountability Center and National Immigration Litigation Alliance filed.Jan 10, 2025Brief amici curiae of Administrative Law Professors filed.Jan 10, 2025Brief amicus curiae of Juan E. Mendez filed.Jan 10, 2025Brief amici curiae of Civil Procedure and Federal Courts Professors filed.Jan 10, 2025Brief amicus curiae of Pacific Legal Foundation filed.Jan 10, 2025Brief amici curiae of American Immigration Lawyers Association and American Immigration Council filed.Jan 10, 2025Brief amici curiae of Immigration Legal Service Providers filed.Jan 27, 2025Motion to seal the appendix to the petition for a writ of certiorari, and for leave to file the joint appendix under seal, with redacted copies for the public record GRANTED.
Feb 10, 2025SET FOR ARGUMENT on Monday, March 24, 2025.
Feb 11, 2025Record requested from the United States Court of Appeals for the Fourth Circuit.
Feb 18, 2025Brief amicus curiae of Court-appointed amicus curiae in support of the judgment below filed. (Distributed)Feb 19, 2025CIRCULATED
Feb 20, 2025Motion for divided argument filed by the Acting Solicitor General.Feb 25, 2025Brief amicus curiae of Immigration Reform Law Institute filed. (Distributed)Mar 3, 2025Motion for divided argument filed by the Acting Solicitor General GRANTED.
Mar 14, 2025Reply of respondent Pamela Bondi, Attorney General, in support of petitioner filed. (Distributed)Mar 14, 2025Reply of petitioner Pierre Yassue Nashun Riley filed. (Distributed)Mar 24, 2025Argued. For petitioner: Keith Bradley, Denver, Colo. For respondent in support of petitioner: Ephraim McDowell, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For Court-appointed amicus curiae in support of the judgment below: Stephen J. Hammer, Dallas, Tex.
Jun 26, 2025Judgment VACATED and case REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., Thomas, Kavanaugh, and Barrett, JJ., joined in full, and in which Sotomayor, Kagan, Gorsuch, and Jackson, JJ., joined only as to Part II–B. Thomas, J., filed a concurring opinion. Sotomayor, J., filed an opinion dissenting in part, in which Kagan and Jackson, JJ., joined in full, and in which Gorsuch, J., joined except as to Part IV.
Jul 28, 2025Judgment Issued.Recommended Citation: Riley v. Bondi, SCOTUSblog, https://www.scotusblog.com/cases/riley-v-garland/