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Velazquez v. Bondi

Docket No.23-929
Op. Below10th Cir.
ArgumentNov 12, 2024

Holding

Under 8 U.S.C. § 1229c(b)(2), a voluntary-departure deadline that falls on a weekend or legal holiday extends to the next business day.

Judgment

Reversed, 5-4, in an opinion by Neil Gorsuch on Apr 22, 2025. Justice Thomas filed a dissenting opinion, in which Justice Alito joined, and in which Justices Kavanaugh and Barrett joined as to Parts I and II. Alito and Barrett filed dissenting opinions, in which Kavanaugh joined.

Proceedings & orders timeline

Feb 23, 2024
Petition for a writ of certiorari filed. (Response due March 28, 2024)
Feb 23, 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.
Mar 20, 2024
Motion to extend the time to file a response from March 28, 2024 to April 29, 2024, submitted to The Clerk.
Mar 21, 2024
Motion to extend the time to file a response is granted and the time is extended to and including April 29, 2024.
Apr 17, 2024
Motion to extend the time to file a response from April 29, 2024 to May 15, 2024, submitted to The Clerk.
Apr 18, 2024
Motion to extend the time to file a response is granted and the time is further extended to and including May 15, 2024.
May 15, 2024
Brief of respondent Merrick B. Garland, Attorney General in opposition filed.
Jun 3, 2024
Reply of petitioner Hugo Abisai Monsalvo Velazquez filed. (Distributed)
Jun 4, 2024
DISTRIBUTED for Conference of 6/20/2024.
Jun 28, 2024
DISTRIBUTED for Conference of 7/1/2024.
Jul 2, 2024
Petition GRANTED.
Jul 2, 2024
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.
Jul 18, 2024
Motion for an extension of time to file the briefs on the merits filed.
Jul 18, 2024
Motion 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 22, 2024. The time to file respondent's brief on the merits is extended to and including September 27, 2024.
Jul 24, 2024
Motion to dispense with printing the joint appendix filed by petitioner Hugo Abisai Monsalvo Velazquez.
Jul 26, 2024
SET FOR ARGUMENT on Tuesday, November 12, 2024.
Aug 9, 2024
Record requested from the United States Court of Appeals for the Tenth Circuit.
Aug 12, 2024
Record received electronically from the United States Court of Appeals for the Tenth Circuit and available with the Clerk.
Aug 22, 2024
Brief of petitioner Hugo Abisai Monsalvo Velazquez filed.
Aug 29, 2024
Brief amici curiae of The Round Table of Former Immigration Judges filed.
Aug 29, 2024
Brief amicus curiae of American Immigration Lawyers Association filed.
Aug 29, 2024
Brief amicus curiae of Thomas Fuller Ogden filed.
Sep 6, 2024
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Sep 27, 2024
Brief of respondent Merrick B.Garland, Attorney General filed. (Distributed)
Oct 1, 2024
CIRCULATED
Oct 28, 2024
Reply of petitioner Hugo Abisai Monsalvo Velazquez filed. (Distributed)
Nov 12, 2024
Argued. For petitioner: Gerard J. Cedrone, Boston, Mass. For respondent: Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Apr 22, 2025
Judgment REVERSED and case REMANDED. Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Sotomayor, Kagan, and Jackson, JJ., joined. Thomas, J., filed a dissenting opinion, in which Alito, J., joined, and in which Kavanaugh and Barrett, JJ., joined as to Parts I and II. Alito, J., and Barrett, J., filed dissenting opinions, in which Kavanaugh, J., joined.
May 27, 2025
Judgment Issued.

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