Department of Homeland Security v. Thuraissigiam
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 19-161 | 9th Cir. | Mar 2, 2020 | Jun 25, 2020 | 7-2 | Alito | OT 2019 |
Holding: As applied in this case, 8 U. S. C. § 1252(e)(2)—which limits the habeas review obtainable by a noncitizen detained for expedited removal—does not violate the suspension or due process clauses.
Judgment: Reversed and remanded, 7-2, in an opinion by Justice Alito on June 25, 2020. Justice Thomas filed a concurring opinion. Justice Breyer filed an opinion concurring in the judgment, in which Justice Ginsburg Joined. Justice Sotomayor filed a dissenting opinion, in which Justice Kagan joined.
SCOTUSblog Coverage
- Opinion analysis: Court confirms limitations on federal review for asylum seekers (Kari Hong, June 26, 2020)
- Live blog of opinions (Update: Completed) (Kalvis Golde, June 25, 2020)
- Argument analysis: It may be Gorsuch’s call (Kari Hong, March 4, 2020)
- Argument preview: What process is due in streamlined administrative procedures? (Kari Hong, 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)
- Petitions of the week (Andrew Hamm, September 13, 2019)
| Date | Proceedings and Orders |
|---|---|
| May 24 2019 | Application (18A1219) to extend the time to file a petition for a writ of certiorari from June 5, 2019 to July 5, 2019, submitted to Justice Kagan. |
| May 24 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. |
| May 24 2019 | Application (18A1219) granted by Justice Kagan extending the time to file until July 5, 2019. |
| Jun 25 2019 | Application (18A1219) to extend further the time from July 5, 2019 to August 4, 2019, submitted to Justice Kagan. |
| Jun 26 2019 | Application (18A1219) granted by Justice Kagan extending the time to file until August 4, 2019. |
| Aug 02 2019 | Petition for a writ of certiorari filed. (Response due September 4, 2019) |
| Sep 04 2019 | Brief of respondent Vijayakumar Thuraissigiam in opposition filed. |
| Sep 18 2019 | DISTRIBUTED for Conference of 10/11/2019. |
| Sep 19 2019 | Reply of petitioners Department of Homeland Security, et al. filed. (Distributed) |
| Oct 15 2019 | DISTRIBUTED for Conference of 10/18/2019. |
| Oct 18 2019 | Petition GRANTED. |
| Oct 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. |
| Oct 30 2019 | Motion for an extension of time to file the briefs on the merits filed. |
| Nov 21 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. |
| Nov 26 2019 | SET FOR ARGUMENT on Monday, March 2, 2020. |
| Dec 09 2019 | Joint appendix filed. |
| Dec 09 2019 | Brief of petitioners Department of Homeland Security, et al. filed. |
| Dec 09 2019 | Proposal of petitioners to lodge copies of transcript hearing held before immigration judge on March 17, 2017, filed. |
| Dec 16 2019 | Brief amicus curiae of Immigration Reform Law Institute filed. |
| Dec 16 2019 | Brief amici curiae of The States of Arizona, et al. filed. |
| Dec 16 2019 | Brief amicus curiae of Criminal Justice Legal Foundation filed. |
| Jan 09 2020 | Record requested from the U.S.C.A. 9th Circuit. |
| Jan 09 2020 | The record of the U.S.C.A. 9th Circuit is available on PACER. The SEALED record material has been electronically received by the Clerk. |
| Jan 10 2020 | The record of the U.S.D.C. Southern District of California is electronic and available on PACER. SEALED documents electronically received by the Clerk. |
| Jan 15 2020 | Brief of respondent Vijayakumar Thuraissigiam filed. |
| Jan 21 2020 | CIRCULATED |
| Jan 22 2020 | Brief amici curiae of Immigration Scholars filed. (Distributed) |
| Jan 22 2020 | Brief amici curiae of Professors Of Sri Lankan Politics filed. (Distributed) |
| Jan 22 2020 | Brief amici curiae of Immigration and Human Rights Organizations filed. (Distributed) |
| Jan 22 2020 | Brief amicus curiae of American Bar Association filed. (Distributed) |
| Jan 22 2020 | Brief amici curiae of Scholars of the Law of Habeas Corpus filed. (Distributed) |
| Jan 22 2020 | Brief amici curiae of Asylum Law Professors filed. (Distributed) |
| Jan 22 2020 | Brief amici curiae of Legal Historians filed. (Distributed) |
| Jan 22 2020 | Brief amici curiae of International Lawyers filed. (Distributed) |
| Jan 22 2020 | Brief amici curiae of The States of Illinois, et al. filed. (Distributed) |
| Feb 14 2020 | Reply of petitioners Department of Homeland Security, et al. filed. (Distributed) |
| Mar 02 2020 | Argued. For petitioners: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: Lee Gelernt, New York, N. Y. |
| Mar 05 2020 | Lodging proposal of petitioners approved by the Clerk. |
| Mar 06 2020 | Lodging of petitioners consisting of a redacted transcript in related case filed. (Distributed) |
| Jun 25 2020 | Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Gorsuch, and Kavanaugh, JJ., joined. Thomas, J., filed a concurring opinion. Breyer, J., filed an opinion concurring in the judgment, in which Ginsburg, J., joined. Sotomayor, J., filed a dissenting opinion, in which Kagan, J., joined. |
| Jul 27 2020 | JUDGMENT ISSUED. |
