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Martinez v. Garland

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Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
23-7678 4th Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether 8 U.S.C. § 1252(b)(1)’s 30-day deadline runs from the end of any fear-based proceedings, rather than the date when a reinstatement order is entered and fear-based proceedings can begin; and (2) whether Section 1252(b)(1)’s 30-day deadline is a claim-processing rule rather than a jurisdictional limit.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
May 17 2024Application (23A1036) to extend the time to file a petition for a writ of certiorari from May 30, 2024 to June 29, 2024, submitted to The Chief Justice.
May 17 2024Pursuant 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 22 2024Application (23A1036) granted by The Chief Justice extending the time to file until July 1, 2024.
May 29 2024Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 10, 2024)
Jun 18 2024Motion to extend the time to file a response from July 10, 2024 to August 9, 2024, submitted to The Clerk.
Jun 21 2024Motion to extend the time to file a response is granted and the time is extended to and including August 9, 2024.
Jul 02 2024Supplemental brief of petitioner Jose Antonio Martinez, et al. filed.
Jul 05 2024Brief amici curiae of Former U.S. Attorneys General filed. VIDED
Jul 10 2024Brief amici curiae of Thirty-Three Former Immigration Judges and Members of the Board of Immigration Appeals filed.
Jul 10 2024Brief amici curiae of Civil Procedure and Federal Courts Professors filed.
Aug 05 2024Motion to extend the time to file a response from August 9, 2024 to September 13, 2024, submitted to The Clerk.
Aug 06 2024Motion to extend the time to file a response is granted and the time is further extended to and including September 13, 2024.
Sep 13 2024Brief of respondent Merrick B. Garland, Attorney General filed.
Oct 01 2024Reply of petitioners Jose Martinez, et al. filed. (Distributed)
Oct 02 2024DISTRIBUTED for Conference of 10/18/2024.
Oct 28 2024DISTRIBUTED for Conference of 11/1/2024.