Bouarfa v. Mayorkas
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 23-583 | 11th Cir. | Oct 15, 2024 | Dec 10, 2024 | 9-0 | Jackson | OT 2024 |
Holding: Revocation of an approved visa petition under 8 U.S.C. § 1155 based on a sham-marriage determination by the Secretary of Homeland Security is the kind of discretionary decision that falls within the purview of Section 1252(a)(2)(B)(ii), which strips federal courts of jurisdiction to review certain actions "in the discretion of" the agency.
Judgment: Affirmed, 9-0, in an opinion by Justice Jackson on December 10, 2024.
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| Date | Proceedings and Orders |
|---|---|
| 10/13/2023 | Application (23A348) to extend the time to file a petition for a writ of certiorari from October 26, 2023 to December 11, 2023, submitted to Justice Thomas. |
| 10/18/2023 | Application (23A348) granted by Justice Thomas extending the time to file until November 27, 2023. |
| 11/27/2023 | Petition for a writ of certiorari filed. (Response due January 2, 2024) |
| 11/27/2023 | 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. |
| 12/07/2023 | Motion to extend the time to file a response from January 2, 2024 to February 1, 2024, submitted to The Clerk. |
| 12/08/2023 | Motion to extend the time to file a response is granted and the time is extended to and including February 1, 2024. |
| 01/02/2024 | Brief amici curiae of Former Executive Office for Immigration Review Judges filed. |
| 01/22/2024 | Motion to extend the time to file a response from February 1, 2024 to February 29, 2024, submitted to The Clerk. |
| 01/23/2024 | Motion to extend the time to file a response is granted and the time is further extended to and including February 29, 2024. |
| 02/29/2024 | Brief of respondent Alejandro Mayorkas, Secretary of Homeland Security, et al. in opposition filed. |
| 03/19/2024 | Reply of petitioner Amina Bouarfa filed. (Distributed) |
| 03/20/2024 | DISTRIBUTED for Conference of 4/12/2024. |
| 04/15/2024 | DISTRIBUTED for Conference of 4/19/2024. |
| 04/22/2024 | DISTRIBUTED for Conference of 4/26/2024. |
| 04/29/2024 | Petition GRANTED. |
| 04/29/2024 | 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. |
| 05/07/2024 | Motion for an extension of time to file the briefs on the merits filed. |
| 05/13/2024 | 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 July 3, 2024. The time to file respondents' brief on the merits is extended to and including August 22, 2024. |
| 07/03/2024 | Brief of petitioner Amina Bouarfa filed. |
| 07/03/2024 | Joint appendix filed. (Statement of costs filed) |
| 07/10/2024 | Brief amici curiae of Administrative and Immigration Law Professors filed. |
| 07/10/2024 | Brief amici curiae of National Immigrant Justice Center, et al. filed. |
| 07/10/2024 | Brief amici curiae of Former Executive Office for Immigration Review Judges filed. |
| 07/10/2024 | Brief amici curiae of American Immigrant Investor Alliance, American Lending Center Holdings and Century American Regional Center filed. |
| 07/10/2024 | Brief amici curiae of Northwest Immigrant Rights Project, National Immigration Litigation Alliance, American Immigration Council filed. |
| 07/10/2024 | Brief amici curiae of The American Civil Liberties Union and the ACLU of Florida filed. |
| 07/26/2024 | SET FOR ARGUMENT on Tuesday, October 15, 2024. |
| 07/29/2024 | Record requested from the United States Court of Appeals for the Eleventh Circuit. |
| 08/05/2024 | Record received electronically from the United States District Court for the Middle District of Florida and available with the Clerk. |
| 08/08/2024 | CIRCULATED |
| 08/13/2024 | Record received from the United States Court of Appeals for the Eleventh Circuit. The record is electronic and is available on PACER. |
| 08/22/2024 | Brief of Mayorkas, Alejandro not accepted for filing.(Duplicate submission) (August 29, 2024) |
| 08/22/2024 | Brief of respondents Alejandro Mayorkas, Secretary of Homeland Security, et al. filed. (Distributed) |
| 08/28/2024 | Brief amicus curiae of Thomas Fuller Ogden filed. (Distributed) |
| 08/29/2024 | Brief amicus curiae of Immigration Reform Law Institute filed. (Distributed) |
| 09/23/2024 | Reply of petitioner Amina Bouarfa filed. (Distributed) |
| 10/15/2024 | Argued. For petitioner: Samir Deger-Sen, New York, N. Y. For respondents: Colleen R. Sinzdak, Assistant to the Solicitor General, Department of Justice, Washington, D. C. |
| 12/10/2024 | Adjudged to be AFFIRMED. Jackson, J., delivered the opinion for a unanimous Court. |
| 01/13/2025 | Judgment Issued. |