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Gomez-Vargas v. Garland

Petition for writ of certiorari granted, judgment vacated, and case remanded to the U.S. Court of Appeals for the 5th Circuit for further consideration in light of Wilkinson v. Garland.

Docket No. Argument Opinion Vote Author Term
22-734 N/A N/A N/A N/A OT 2023

Issue: Whether an agency determination that a given set of established facts does not rise to the statutory standard of "exceptional and extremely unusual hardship" is a mixed question of law and fact reviewable under 8 U.S.C. ยง 1252(a)(2)(D), or whether this determination is a discretionary judgment call unreviewable under Section 1252(a)(2)(B)(i).

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
12/16/2022Application (22A548) to extend the time to file a petition for a writ of certiorari from January 3, 2023 to February 2, 2023, submitted to Justice Alito.
12/16/2022Pursuant to Rule 34.6 and Paragraph 9 of the Guidelines for the Submission of Documents to the Supreme Court's Electronic Filiing System, filings in this case should be submitted in paper form only, and should not be submitted through the Court's electronic filing system.
12/21/2022Application (22A548) granted by Justice Alito extending the time to file until February 2, 2023.
02/02/2023Petition for a writ of certiorari filed. (Response due March 8, 2023)
02/21/2023Motion to extend the time to file a response from March 8, 2023 to April 7, 2023, submitted to The Clerk.
02/22/2023Motion to extend the time to file a response is granted and the time is extended to and including April 7, 2023.
03/30/2023Motion to extend the time to file a response from April 7, 2023 to May 8, 2023, submitted to The Clerk.
03/31/2023Motion to extend the time to file a response is granted and the time is further extended to and including May 8, 2023.
05/02/2023Motion to extend the time to file a response from May 8, 2023 to May 15, 2023, submitted to The Clerk.
05/03/2023Motion to extend the time to file a response is granted and the time is further extended to and including May 15, 2023.
05/15/2023Brief of respondent Merrick B. Garland, Attorney General filed.
05/30/2023DISTRIBUTED for Conference of 6/15/2023.
05/30/2023Reply of petitioner Rafael Gomez-Vargas filed. (Distributed)
06/09/2023Rescheduled.
06/20/2023DISTRIBUTED for Conference of 6/22/2023.
06/29/2023DISTRIBUTED for Conference of 6/29/2023.
03/25/2024DISTRIBUTED for Conference of 3/28/2024.
04/08/2024DISTRIBUTED for Conference of 4/12/2024.
04/15/2024Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Wilkinson v. Garland, 601 U. S. ___ (2024).
05/17/2024Judgment Issued.