Immigration and Customs Enforcement v. Padilla
Petition for certiorari granted, judgment vacated and case remanded to the U.S. Court of Appeals for the 9th Circuit for further
consideration in light of Department of Homeland Security
v. Thuraissigiam, on January 11, 2021
Issues: (1) Whether 8 U.S.C. § 1225(b)(l)(B)(ii) — which authorizes the government to detain aliens who are placed
in expedited removal proceedings, but who then establish a credible fear of persecution based on a protected
ground — violates the due process clause of the Fifth
Amendment because it contains no provision authorizing bond hearings; and (2) whether 8 U.S.C. § 1252(f)(1) prohibits lower
courts from granting classwide injunctions against the
operation of 8 U.S.C. §§ 1221–1232.
| Date | Proceedings and Orders (key to color coding) |
|---|
| Aug 24 2020 | Petition for a writ of certiorari filed. (Response due September 28, 2020) |
| Sep 04 2020 | Motion to extend the time to file a response from September 28, 2020 to November 23, 2020, submitted to The Clerk. |
| Sep 08 2020 | Motion to extend the time to file a response is granted and the time is extended to and including November 23, 2020. |
| Nov 05 2020 | Motion to extend the time to file a response from November 23, 2020 to December 23, 2020, submitted to The Clerk. |
| Nov 06 2020 | Motion to extend the time to file a response is granted in part; the time is extended to and including December 9, 2020. |
| Dec 09 2020 | Brief of respondents Yolany Padilla, et al. in opposition filed. |
| Dec 23 2020 | DISTRIBUTED for Conference of 1/8/2021. |
| Jan 11 2021 | Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Department of Homeland Security v. Thuraissigiam, 591 U. S. ___ (2020). |
| Feb 12 2021 | JUDGMENT ISSUED. |
