Jennings v. Rodriguez
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 15-1204 | 9th Cir. | Oct 3, 2017 | Feb 27, 2018 | 5-3 | Alito | OT 2017 |
Holding: Sections 1225(b), 1226(a) and 1226(c) of Title 8 of the U.S. Code do not give detained aliens the right to periodic bond hearings during the course of their detention; the U.S. Court of Appeals for the 9th Circuit misapplied the canon of constitutional avoidance in holding otherwise.
Judgment: Reversed and remanded, 5-3, in an opinion by Justice Alito on February 27, 2018. Chief Justice Roberts and Justice Kennedy joined Justice Alito’s opinion in full. Justices Thomas and Gorsuch joined as to all but Part II. Justice Sotomayor joined Part III-C. Justice Thomas filed an opinion concurring in part and concurring in the judgment, in which Justice Gorsuch joined except for footnote 6. Justice Breyer filed a dissenting opinion, in which Justices Ginsburg and Sotomayor joined. Justice Kagan took no part in the decision of the case.
SCOTUSblog Coverage
- Opinion analysis: Court tees up issue of the constitutionality of indefinite immigration detention for the 9th Circuit (Kevin Johnson, February 27, 2018)
- OT2017 #7: “Keys to a Valet” (First Mondays, November 27, 2017)
- Kagan recuses from immigrant-detention case (Amy Howe, November 10, 2017)
- OT2017 #2: "Who is the River Master?" (First Mondays, October 9, 2017)
- Argument analysis: Justices seem primed to find constitutional limits on the detention of immigrants (Kevin Johnson, October 4, 2017)
- OT2017 #1: "A Very Nice Office" (First Mondays, October 2, 2017)
- Argument preview: The constitutionality of mandatory and lengthy immigrant detention without a bond hearing (Kevin Johnson, September 26, 2017)
- Court releases October calendar (Amy Howe, July 19, 2017)
- Immigration symposium: Immigration nuggets from October Term 2016 – What do they foreshadow? (John Eastman, June 29, 2017)
- Immigration symposium: The future of immigration exceptionalism (David Rubenstein, June 29, 2017)
- Immigration symposium: Prelude to a turning point (Charles Roth, June 29, 2017)
- Immigration symposium: On immigration matters, the court’s watchwords are caution and deference (Richard Samp, June 29, 2017)
- Immigration symposium: Lessons for the Jennings reargument from the Supreme Court’s unanimous rejection of the government’s position in Esquivel-Quintana (Nancy Morawetz, June 28, 2017)
- Immigration symposium: Delays, detentions and due process – Why Jennings matters (Shoba Sivaprasad Wadhia, June 27, 2017)
- No decision in two immigration-enforcement cases (Kevin Johnson, June 26, 2017)
- A "view" from the courtroom: A day for drama on the bench (Mark Walsh, June 26, 2017)
- And then there were six – the remaining cases (Amy Howe, June 23, 2017)
- And then there were nine – the remaining decisions (Amy Howe, June 22, 2017)
- Court issues supplemental briefing order in immigration case (Kevin Johnson, December 15, 2016)
- Argument analysis: Immigrant detention and the Constitution (Kevin Johnson, December 1, 2016)
- Argument preview: The constitutionality of immigrant detention (Kevin Johnson, November 23, 2016)
| Date | Proceedings and Orders |
|---|---|
| Jan 15 2016 | Application (15A747) to extend the time to file a petition for a writ of certiorari from January 26, 2016 to February 25, 2016, submitted to Justice Kennedy. |
| Jan 21 2016 | Application (15A747) granted by Justice Kennedy extending the time to file until February 25, 2016. |
| Feb 12 2016 | Application (15A747) to extend further the time from February 25, 2016 to March 26, 2016, submitted to Justice Kennedy. |
| Feb 16 2016 | Application (15A747) granted by Justice Kennedy extending the time to file until March 26, 2016. |
| Mar 25 2016 | Petition for a writ of certiorari filed. (Response due April 27, 2016) |
| Apr 18 2016 | Order extending time to file response to petition to and including May 24, 2016. |
| May 10 2016 | Brief of respondents Alejandro Rodriguez, et al. in opposition filed. |
| May 24 2016 | DISTRIBUTED for Conference of June 9, 2016. |
| May 24 2016 | Reply of petitioners David Jennings, et al. filed. (Distributed) |
| Jun 13 2016 | DISTRIBUTED for Conference of June 16, 2016. |
| Jun 20 2016 | Petition GRANTED. |
| Jul 27 2016 | The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 26, 2016. |
| Jul 27 2016 | The time to file respondents' brief on the merits is extended to and including October 17, 2016. |
| Aug 26 2016 | Joint appendix filed. (Statement of costs filed.) |
| Aug 26 2016 | Brief of petitioners David Jennings, et al. filed. |
| Aug 26 2016 | Copies of letter referenced in footnote 10 of petitioners' brief on the merits submitted. |
| Oct 03 2016 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents. |
| Oct 07 2016 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, from counsel for petitioners. |
| Oct 17 2016 | Brief of respondents Alejandro Rodriguez, et al. filed. |
| Oct 17 2016 | Response to petitioners’ letter of 8/26/16 submitted. |
| Oct 21 2016 | SET FOR ARGUMENT on Wednesday, November 30, 2016 |
| Oct 24 2016 | Brief amici curiae of Members of Asian Americans Advancing Justice filed. |
| Oct 24 2016 | Brief amici curiae of National Immigration Project of the National Lawyers Guild, and the Immigrant Legal Resource Center filed. |
| Oct 24 2016 | Brief amici curiae of American Immigration Council, and American Immigration Lawyers Association filed. |
| Oct 24 2016 | Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed. |
| Oct 24 2016 | Brief amici curiae of Detained Legal Services Providers filed. |
| Oct 24 2016 | Brief amici curiae of 43 Social Science Researchers and Professors filed. |
| Oct 24 2016 | Brief amici curiae of Professors of Constitutional, Immigration, and Administrative Law filed. (Distributed) |
| Oct 24 2016 | Brief amici curiae of Human Rights First, and International Law Scholars William Aceves, et al. filed. (Distributed) |
| Oct 24 2016 | Brief amici curiae of Americans for Immigrant Justice, et al. filed. (Distributed) |
| Oct 24 2016 | Brief amici curiae of Nine Retired Immigration Judges, and Board of Immigration Appeals Members filed. (Distributed) |
| Oct 24 2016 | Brief amicus curiae of United Nations High Commissioner for Refugees filed. (Distributed) |
| Oct 24 2016 | Brief amicus curiae of American Bar Association filed. (Distributed) |
| Oct 26 2016 | CIRCULATED. |
| Nov 01 2016 | Record requested from the U.S.C.A. 9th Circuit. |
| Nov 03 2016 | Record received from U.S.C.A. 9th Circuit is electronic and located on PACER. Sealed records also received is electronic. |
| Nov 16 2016 | Reply of petitioners David Jennings, et al. filed. (Distributed) |
| Nov 30 2016 | Argued. For petitioners: Ian H. Gershengorn, Acting Solicitor General, Department of Justice, Washington, D. C. For respondents: Ahilan T. Arulanantham, Los Angeles, Cal. |
| Dec 15 2016 | The parties are directed to file supplemental briefs addressing the following questions: 1) Whether the Constitution requires that aliens seeking admission to the United States who are subject to mandatory detention under 8 U.S.C. § 1225(b) must be afforded bond hearings, with the possibility of release into the United States, if detention lasts six months. 2) Whether the Constitution requires that criminal or terrorist aliens who are subject to mandatory detention under Section 1226(c) must be afforded bond hearings, with the possibility of release, if detention lasts six months. 3) Whether the Constitution requires that, in bond hearings for aliens detained for six months under Sections 1225(b), 1226(c), or 1226(a), the alien is entitled to release unless the government demonstrates by clear and convincing evidence that the alien is a flight risk or a danger to the community, whether the length of the alien’s detention must be weighed in favor of release, and whether new bond hearings must be afforded automatically every six months. The briefs are to be filed simultaneously with the Clerk and served upon opposing counsel on or before 2 p.m., Tuesday, January 17, 2017. Amicus briefs may be filed with the Clerk and served upon counsel on or before 2 p.m., Friday, January 27, 2017. Reply briefs are to be filed simultaneously with the Clerk and served upon opposing counsel on or before 2 p.m., Monday, February 6, 2017. The word limits and cover colors for the briefs should correspond to the provisions of Rule 33.1(g) pertaining to briefs on the merits rather than to the provision pertaining to supplemental briefs. |
| Dec 21 2016 | The time for the parties to file their supplemental briefs is extended to and including 2 p.m., Tuesday, January 31, 2017. Amicus briefs may be filed on or before 2 p.m., Friday, February 10, 2017. Reply briefs are to be filed on or before 2 p.m., Tuesday, February 21, 2017. |
| Jan 31 2017 | Supplemental brief of petitioners David Jennings, et al. filed. (Distributed) |
| Jan 31 2017 | Supplemental brief of respondents Alejandro Rodriguez, et al. filed. (Distributed) |
| Feb 10 2017 | Brief amici curiae of 29 U.S. Representatives: Chairman Robert Goodlatte, et al. in support of petitioners filed. (Distributed) |
| Feb 10 2017 | Brief amici curiae of National Immigration Project of the National Lawyers Guild, et al. in support of respondents filed. (Distributed) |
| Feb 10 2017 | Brief amici curiae of Americans for Immigrant Justice, et al. in support of respondents filed. (Distributed) |
| Feb 10 2017 | Brief amici curiae of Professors Stephen H. Legomsky and Stephen Yale-Loehr in support of respondents filed. (Distributed) |
| Feb 10 2017 | Brief amicus curiae of American Bar Association in support of respondents filed. (Distributed) |
| Feb 10 2017 | Brief amici curiae of States of California, et al. in support of respondents filed. (Distributed) |
| Feb 10 2017 | Brief amici curiae of County of Santa Clara California, and 19 additional counties, et al. in support of respondents filed. (Distributed) |
| Feb 10 2017 | Brief amicus curiae of Human Rights First in support of respondents (To Be Recovered) filed. (Distributed) |
| Feb 10 2017 | Brief amicus curiae in support of petitioners of Eagle Forum Education & Legal Defense Fund filed. (Distributed) |
| Feb 21 2017 | Supplemental reply brief of respondents Alejandro Rodriguez, et al. filed. (Distributed) |
| Feb 21 2017 | Supplemental reply brief of petitioners David Jennings, et al. filed. (Distributed) |
| Mar 02 2017 | Letter received from counsel for Respondents (Distributed) |
| Jun 26 2017 | This case is restored to the calendar for reargument. |
| Jul 19 2017 | SET FOR REARGUMENT on Tuesday, October 3, 2017. |
| Aug 01 2017 | Record requested from the U.S.C.A. 9th Circuit. |
| Aug 03 2017 | Record received from the U.S.C.A. 9th Circuit is electronic. |
| Aug 03 2017 | Record received from the U.S.D.C. District of Central California is electronic. |
| Oct 03 2017 | Argued. For petitioners: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents: Ahilan T. Arulanantham, Los Angeles, Cal. |
| Nov 10 2017 | Letter from Clerk of Court to counsel of record noting that Justice Kagan will not continue to participate in this case. |
| Dec 27 2017 | Letter of respondents Alejandro Rodriguez, et al. filed. (Distributed) |
| Feb 27 2018 | Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion of the Court, except as to Part II. Roberts, C. J., and Kennedy, J., joined that opinion in full; Thomas and Gorsuch, JJ., joined as to all but Part II; and Sotomayor, J., joined as to Part III-C. Thomas, J., filed an opinion concurring in part and concurring in the judgment, in which Gorsuch, J., joined except for footnote 6. Breyer, J., filed a dissenting opinion, in which Ginsburg and Sotomayor, JJ., joined. Kagan, J., took no part in the decision of the case. |
| Apr 02 2018 | JUDGMENT ISSUED. |
