Johnson v. Arteaga-Martinez
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 19-896 | Jan 11, 2022 | Jun 13, 2022 | 8-1 | Sotomayor | OT 2021 |
Holding: 8 U.S.C. " 1231(a)(6) does not require the government to provide noncitizens detained for six months with bond hearings in which the government bears the burden of proving, by clear and convincing evidence, that a noncitizen poses a flight risk or a danger to the community.
Judgment: Reversed and remanded, 8-1, in an opinion by Justice Sotomayor on June 13, 2022. Justice Thomas filed a concurring opinion, in which Justice Gorsuch joined as to Part I. Justice Breyer filed an opinion concurring in part and dissenting in part.
SCOTUSblog Coverage
- An important week for immigration law (SCOTUStalk, June 21, 2022)
- The demise of rights-protective statutory interpretation for detained immigrants and the rise of piecemeal textualism (Shalini Bhargava Ray, June 15, 2022)
- Announcement of orders and opinions for Monday, June 13 (complete) (Angie Gou, June 13, 2022)
- Justices reverse lower court rulings that ordered bond hearings for noncitizens in lengthy immigration detention (Shalini Bhargava Ray, June 13, 2022)
- Justices grapple with the legacy of a 2001 immigration detention case (Shalini Bhargava Ray, January 12, 2022)
- Justices will revisit whether certain noncitizens in lengthy detention are entitled to bond hearings (Shalini Bhargava Ray, January 10, 2022)
- Justices set January argument calendar (Amy Howe, November 18, 2021)
- Justices issue summer orders, add two new immigration cases to merits docket (Amy Howe, August 23, 2021)
- Sequel Watch (John Elwood, June 10, 2020)
- Petitions of the week (Andrew Hamm, February 6, 2020)
| Date | Proceedings and Orders |
|---|---|
| 11/08/2019 | Application (19A515) to extend the time to file a petition for a writ of certiorari from November 18, 2019 to December 18, 2019, submitted to Justice Alito. |
| 11/12/2019 | Application (19A515) granted by Justice Alito extending the time to file until December 18, 2019. |
| 12/06/2019 | Application (19A515) to extend further the time from December 18, 2019 to January 17, 2020, submitted to Justice Alito. |
| 12/10/2019 | Application (19A515) granted by Justice Alito extending the time to file until January 17, 2020. |
| 01/17/2020 | Petition for a writ of certiorari filed. (Response due February 20, 2020) |
| 01/17/2020 | 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 shouild not be submitted through the Court's electronic filing system. |
| 02/13/2020 | Motion to extend the time to file a response from February 20, 2020 to March 23, 2020, submitted to The Clerk. |
| 02/14/2020 | Motion to extend the time to file a response is granted and the time is extended to and including March 23, 2020. |
| 03/06/2020 | Motion to extend the time to file a response from March 23, 2020 to April 22, 2020, submitted to The Clerk. |
| 03/06/2020 | Motion to extend the time to file a response is granted and the time is further extended to and including April 22, 2020. |
| 04/22/2020 | Brief of respondent Antonio Arteaga-Martinez in opposition filed. |
| 05/08/2020 | Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from May 12, 2020 to May 19, 2020, submitted to The Clerk. |
| 05/08/2020 | Motion to delay distribution of the petition for a writ certiorari until May 19, 2020, granted. |
| 05/14/2020 | Reply of petitioners Matthew T. Albence, Acting Director of U.S. Immigration, et al. filed. (Distributed) |
| 05/19/2020 | DISTRIBUTED for Conference of 6/4/2020. |
| 06/08/2020 | DISTRIBUTED for Conference of 6/11/2020. |
| 07/01/2021 | DISTRIBUTED for Conference of 7/1/2021. |
| 08/23/2021 | Petition GRANTED. |
| 08/23/2021 | 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. |
| 09/28/2021 | Motion for an extension of time to file the briefs on the merits filed. |
| 10/01/2021 | 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 October 14, 2021. The time to file respondent's brief on the merits is extended to and including November 22, 2021. |
| 10/06/2021 | Motion to dispense with printing the joint appendix filed by petitioner Tae D. Johnson, et al. |
| 10/14/2021 | Brief of petitioners Tae D. Johnson, et al. filed. |
| 10/18/2021 | Motion to dispense with printing the joint appendix filed by petitioners GRANTED. |
| 11/17/2021 | ARGUMENT SET FOR Tuesday, January 11, 2022. |
| 11/17/2021 | Record requested from the U.S.C.A. 3rd Circuit. |
| 11/22/2021 | Brief of respondent Antonio Arteaga-Martinez filed. |
| 11/24/2021 | Brief amici curiae of Asian Americans Advancing Justice-Asian Law Caucus, et al filed (also in 20-322). VIDED. |
| 11/29/2021 | Brief amici curiae of Former Immigration Judges and Board of Immigration Appeals Members filed (also in 20-322). VIDED. |
| 11/29/2021 | Brief amicus curiae of Constitutional Accountability Center filed (also in 20-322). VIDED. |
| 11/30/2021 | The record from the U.S.C.A. 3rd Circuit and for the U.S.D.C. Middle District of Pennsylvania (Harrisburg) has been electronically filed. |
| 12/08/2021 | CIRCULATED |
| 12/22/2021 | Reply of petitioners Tae D. Johnson, et al. filed. (Distributed) |
| 01/11/2022 | Argued. For petitioners: Austin Raynor, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Pratik A. Shah, Washington, D. C. |
| 06/13/2022 | Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Kagan, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Thomas, J., filed a concurring opinion, in which Gorsuch, J., joined as to Part I. Breyer, J., filed an opinion concurring in part and dissenting in part. |
| 07/15/2022 | JUDGMENT ISSUED |