Nasrallah v. Barr
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 18-1432 | 11th Cir. | Mar 2, 2020 | Jun 1, 2020 | 7-2 | Kavanaugh | OT 2019 |
Holding: Title 8 U. S. C. "" 1252(a)(2)(C) and (D) do not preclude judicial review of a removable noncitizen"s factual challenges to an order denying relief under the international Convention Against Torture, which protects noncitizens from removal to a country where they would likely face torture.
Judgment: Reversed, 7-2, in an opinion by Justice Kavanaugh on June 1, 2020. Justice Thomas filed a dissenting opinion, in which Justice Alito joined.
SCOTUSblog Coverage
- Live blog of orders and opinions (Update: Completed) (Kalvis Golde, June 1, 2020)
- Opinion analysis: Federal courts can review factual findings of a Convention Against Torture claim raised as a defense to crime-based removal (Jennifer Chacon, June 1, 2020)
- Argument analysis: Is judicial review of a claim under the Convention Against Torture completely barred in cases involving removal orders on certain criminal grounds? (Jennifer Chacon, March 3, 2020)
- Argument preview: Do federal courts have jurisdiction to review a challenge to an administrative denial of relief under the Convention Against Torture? (Jennifer Chacon, February 24, 2020)
- Abortion, CFPB cases scheduled for February sitting (Amy Howe, November 26, 2019)
- Justices to review constitutionality of CFPB structure (Amy Howe, October 18, 2019)
- The return of Relist Watch Select (John Elwood, October 17, 2019)
| Date | Proceedings and Orders |
|---|---|
| 05/14/2019 | Petition for a writ of certiorari filed. (Response due June 14, 2019) |
| 05/14/2019 | 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. |
| 06/04/2019 | Motion to extend the time to file a response from June 14, 2019 to July 15, 2019, submitted to The Clerk. |
| 06/05/2019 | Motion to extend the time to file a response is granted and the time is extended to and including July 15, 2019. |
| 07/11/2019 | Motion to extend the time to file a response from July 15, 2019 to August 14, 2019, submitted to The Clerk. |
| 07/12/2019 | Motion to extend the time to file a response is granted and the time is further extended to and including August 14, 2019. |
| 08/08/2019 | Motion to extend the time to file a response from August 14, 2019 to September 9, 2019, submitted to The Clerk. |
| 08/09/2019 | Motion to extend the time to file a response is granted and the time is further extended to and including September 9, 2019. |
| 09/09/2019 | Brief of respondent William P. Barr, Attorney General in opposition filed. |
| 09/25/2019 | DISTRIBUTED for Conference of 10/11/2019. |
| 09/25/2019 | Reply of petitioner Nidal Khalid Nasrallah filed. (Distributed) |
| 10/15/2019 | DISTRIBUTED for Conference of 10/18/2019. |
| 10/18/2019 | Petition GRANTED. |
| 10/18/2019 | 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. |
| 11/18/2019 | Motion for an extension of time to file the briefs on the merits filed. |
| 11/20/2019 | 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 December 9, 2019. The time to file respondent's brief on the merits is extended to and including January 15, 2020. |
| 11/26/2019 | SET FOR ARGUMENT on Monday, March 2, 2020. |
| 12/09/2019 | Joint appendix filed. (Statement of costs filed). |
| 12/09/2019 | Brief of petitioner Nidal Khalid Nasrallah filed. |
| 12/16/2019 | Brief amici curiae of Former Executive Office of Immigration Review Judges filed. |
| 12/16/2019 | Brief amici curiae of Law Professors filed. |
| 12/16/2019 | Brief amicus curiae of Legal Service Providers filed. |
| 01/09/2020 | Record requested from the U.S.C.A. 11th Circuit. |
| 01/15/2020 | Brief of respondent William P. Barr, Attorney General filed. |
| 01/21/2020 | CIRCULATED |
| 01/22/2020 | the record from the U.S.C.A. 11th Circuit is electronic and located on PACER |
| 02/14/2020 | Reply of petitioner Nidal Khalid Nasrallah filed. (Distributed) |
| 03/02/2020 | Argued. For petitioner: Paul Hughes, Washington, D. C. For respondent: Matthew Guarnieri, Assistant to the Solicitor General, Department of Justice, Washington, D. C. |
| 03/10/2020 | Sealed documents were requested and electronically received from the U.S.C.A. 11th Circuit. |
| 06/01/2020 | Judgment REVERSED. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Breyer, Sotomayor, Kagan, and Gorsuch, JJ., joined. Thomas, J., filed a dissenting opinion, in which Alito, J., joined. |
| 07/06/2020 | JUDGMENT ISSUED. |