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Niz-Chavez v. Garland
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 19-863 | 6th Cir. | Nov 9, 2020 | Apr 29, 2021 | 6-3 | Gorsuch | OT 2020 |
Holding: A notice to appear sufficient to trigger the Illegal Immigration Reform and Immigrant Responsibility Act of 1996’s stop-time rule is a single document containing all the information about an individual’s removal hearing specified in 8 U.S.C. § 1229(a)(1).
Judgment: Reversed, 6-3, in an opinion by Justice Gorsuch on April 29, 2021. Justice Kavanaugh filed a dissenting opinion, in which Chief Justice Roberts and Justice Alito joined.
SCOTUSblog Coverage
- Unusual alliance of justices holds government to strict notice requirement in removal proceedings (Jayesh Rathod, May 2, 2021)
- Court rules against government on technical question of notice requirement in immigration law (Jayesh Rathod, April 29, 2021)
- Argument analysis: Justices revisit immigration notice provision, parsing statutory text while urging practical solutions (Jayesh Rathod, November 10, 2020)
- Case preview: How must the government serve notice of removal proceedings? (Jayesh Rathod, November 6, 2020)
- Justices will hear argument in ACA case one week after Election Day (Amy Howe, August 19, 2020)
- Court grants immigration case (Amy Howe, June 8, 2020)
- Relist Watch (John Elwood, June 3, 2020)
- Petitions of the week (Andrew Hamm, January 31, 2020)
| Date | Proceedings and Orders |
|---|---|
| Jan 09 2020 | Petition for a writ of certiorari filed. (Response due February 10, 2020) |
| Jan 09 2020 | 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 ths case should be submitted in paper form only, and should not be submitted through the Court's electronic filing systesm. |
| Feb 05 2020 | Motion to extend the time to file a response from February 10, 2020 to March 11, 2020, submitted to The Clerk. |
| Feb 05 2020 | Motion to extend the time to file a response is granted and the time is extended to and including March 11, 2020. |
| Mar 05 2020 | Motion to extend the time to file a response from March 11, 2020 to April 10, 2020, submitted to The Clerk. |
| Mar 06 2020 | Motion to extend the time to file a response is granted and the time is further extended to and including April 10, 2020. |
| Apr 10 2020 | Brief of respondent William P. Barr, Attorney General in opposition filed. |
| Apr 20 2020 | Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from April 28, 2020 to May 12, 2020, submitted to The Clerk. |
| Apr 21 2020 | Motion to delay distribution of the petition for a writ of certiorari until May 12, 2020, granted. |
| May 01 2020 | Letter of May 1, 2020 from the Solicitor General filed. |
| May 11 2020 | Reply of petitioner Agusto Niz-Chavez filed. |
| May 12 2020 | DISTRIBUTED for Conference of 5/28/2020. |
| May 20 2020 | Letter of May 20, 2020 from counsel for petitioner filed. |
| Jun 01 2020 | DISTRIBUTED for Conference of 6/4/2020. |
| Jun 08 2020 | Petition GRANTED. |
| Jun 08 2020 | 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. |
| Jul 13 2020 | Motion for an extension of time to file the briefs on the merits filed. |
| Jul 20 2020 | 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 August 6, 2020. The time to file respondent's brief on the merits is extended to and including September 21, 2020. |
| Aug 06 2020 | Joint appendix filed. (Statement of costs filed) |
| Aug 06 2020 | Brief of petitioner Agusto Niz-Chavez filed. |
| Aug 13 2020 | Brief amici curiae of Thirty-Three Former Immigration Judges and Members of the Board of Immigration Appeals filed. |
| Aug 13 2020 | Brief amicus curiae of National Immigrant Justice Center filed. |
| Aug 13 2020 | Brief amici curiae of American Immigration Lawyers Association, The American Immigration Council, Legal Services Providers filed. |
| Aug 19 2020 | SET FOR ARGUMENT on Monday, November 9, 2020. |
| Aug 31 2020 | Record requested from the U.S.C.A. 6th Circuit. |
| Sep 01 2020 | Record of the U.S.C.A.6th Circuit electronically received. |
| Sep 02 2020 | CIRCULATED |
| Sep 16 2020 | Motion for an extension of time to file respondent's brief on the merits filed. |
| Sep 18 2020 | Motion to extend the time to file respondent's brief on the merits granted and the time is extended to and including September 25, 2020. |
| Sep 25 2020 | Brief of respondent William P. Barr, Attorney General filed. (Distributed) |
| Oct 02 2020 | Brief amicus curiae of Immigration Reform Law Institute filed. (Distributed) |
| Oct 26 2020 | Reply of petitioner Agusto Niz-Chavez filed. (Distributed) |
| Nov 09 2020 | Argued. For petitioner: David Zimmer, Boston, Mass. For respondent: Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C. |
| Apr 29 2021 | Judgment REVERSED. Gorsuch, J., delivered the opinion of the Court, in which Thomas, Breyer, Sotomayor, Kagan, and Barrett, JJ., joined. Kavanaugh, J., filed a dissenting opinion, in which Roberts, C. J., and Alito, J., joined. |
| Jun 01 2021 | JUDGMENT ISSUED. |
