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Mayorkas v. Innovation Law Lab
Motion to vacate judgment granted and case remanded with instructions to vacate as moot the April 8, 2019, order granting a preliminary injunction under United States v. Munsingwear.| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 19-1212 | 9th Cir. | N/A | N/A | N/A | N/A | OT 2020 |
Issues: (1) Whether the Department of Homeland Security policy known as the Migrant Protection Protocols is a lawful implementation of the statutory authority conferred by 8 U.S.C. 1225(b)(2)(C); (2) whether MPP is consistent with any applicable and enforceable non-refoulement obligations; (3) whether MPP is exempt from the Administrative Procedure Act requirement of notice-and-comment rulemaking; and (4) whether the district court’s universal preliminary injunction is impermissibly overbroad.
SCOTUSblog Coverage
- Justices dismiss challenge to “remain in Mexico” policy (Amy Howe, June 21, 2021)
- Justices take immigration cases off February calendar (Amy Howe, February 3, 2021)
- Biden administration asks justices to take immigration cases off February calendar (Amy Howe, February 1, 2021)
- February argument calendar includes immigration, voting-rights cases (Amy Howe, December 31, 2020)
- Justices take up border-wall, “remain in Mexico” cases (Amy Howe, October 19, 2020)
- Relist Watch (John Elwood, October 14, 2020)
- Relist Watch: Worst Monday in October (John Elwood, October 7, 2020)
- Petitions of the week (Andrew Hamm, May 12, 2020)
- Court grants government’s request to enforce “remain in Mexico” policy (Amy Howe, March 11, 2020)
- Government asks justices for permission to enforce “remain in Mexico” policy (Amy Howe, March 6, 2020)
| Date | Proceedings and Orders |
|---|---|
| Mar 06 2020 | Application (19A960) for a stay pending the filing and disposition of a petition for a writ of certiorari, submitted to Justice Kagan. |
| Mar 06 2020 | Response to application (19A960) requested by Justice Kagan, due Monday, March 9, by 4 p.m. ET. |
| Mar 09 2020 | Response to application from respondents Innovation Law Lab, et al. filed. |
| Mar 09 2020 | Motion for leave to file amicus brief and motion for leave to file brief in compliance with Rule 33.2 filed by Immigration Reform Law Institute. |
| Mar 10 2020 | Reply of applicants Chad Wolf, Acting Secretary of Homeland Security, et al. filed. |
| Mar 11 2020 | Application (19A960) referred to the Court. |
| Mar 11 2020 | Application (19A960) granted by the Court. The application for stay presented to Justice Kagan and by her referred to the Court is granted, and the district court’s April 8, 2019 order granting a preliminary injunction is stayed pending the timely filing and disposition of a petition for a writ of certiorari. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court. Justice Sotomayor would deny the application. |
| Apr 10 2020 | Petition for a writ of certiorari filed. (Response due May 14, 2020) |
| Apr 22 2020 | Application of Innovation Law Lab, et al. for a further extension of time not accepted for filing. (April 23, 2020 - Corrected response extension request to be filed) |
| Apr 23 2020 | Motion to extend the time to file a response from May 14, 2020 to June 13, 2020, submitted to The Clerk. |
| Apr 24 2020 | Motion to extend the time to file a response is granted and the time is extended to and including June 15, 2020. See Rule 30.1. |
| May 07 2020 | Motion to extend the time to file a response from June 15, 2020 to July 15, 2020, submitted to The Clerk. |
| May 07 2020 | Motion to extend the time to file a response is granted and the time is further extended to and including July 15, 2020. |
| Jul 15 2020 | Brief of respondents Innovation Law Lab, et al. in opposition filed. |
| Jul 29 2020 | DISTRIBUTED for Conference of 9/29/2020. |
| Jul 29 2020 | Reply of petitioners Chad Wolf, Acting Secretary of Homeland Security, et al. filed. (Distributed) |
| Oct 05 2020 | DISTRIBUTED for Conference of 10/9/2020. |
| Oct 13 2020 | DISTRIBUTED for Conference of 10/16/2020. |
| Oct 19 2020 | Petition GRANTED. |
| Nov 23 2020 | Motion for an extension of time to file the briefs on the merits filed. |
| Nov 24 2020 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including December 8, 2020. The time to file respondents' brief on the merits is extended to and including January 13, 2021. |
| Dec 08 2020 | Joint appendix (two volumes) filed. (Statement of costs filed 5/12/21). |
| Dec 08 2020 | Brief of petitioners Chad Wolf, Acting Secretary of Homeland Security, et al. filed. |
| Dec 31 2020 | SET FOR ARGUMENT on Monday, March 1, 2021. |
| Jan 05 2021 | Motion for a further extension of time to file respondents' brief on the merits filed. |
| Jan 07 2021 | Motion to extend the time to file respondents' brief on the merits is granted and the time is extended to and including January 15, 2021. |
| Jan 15 2021 | Brief of respondents Innovation Law Lab, et al. filed. (Distributed) |
| Jan 20 2021 | Brief amici curiae of Professors of Civil Procedure and Federal Courts filed. (Distributed) |
| Jan 21 2021 | Brief amicus curiae of American Bar Association filed. (Distributed) |
| Jan 22 2021 | CIRCULATED |
| Jan 22 2021 | Brief amici curiae of Nongovernmental Organizations and Law School Clinics filed. (Distributed) |
| Jan 22 2021 | Brief amicus curiae of Mila Sohoni filed. (Distributed) |
| Jan 22 2021 | Amicus brief of American Statistical Association not accepted for filing. (January 27, 2021 - to be reprinted and resubmitted) |
| Jan 22 2021 | Brief amicus curiae of American Statistical Association filed. (Distributed) |
| Jan 22 2021 | Brief amicus curiae of United Nations High Commissioner for Refugees filed. (Distributed) |
| Jan 22 2021 | Brief amicus curiae of Constitutional Accountability Center filed. (Distributed) |
| Jan 22 2021 | Brief amici curiae of Immigration and International Law Scholars filed. (Distributed) |
| Jan 22 2021 | Brief amici curiae of The Laredo Project and the National Immigrant Justice Center filed. (Distributed) |
| Jan 22 2021 | Brief amici curiae of Young Center for Immigrant Children’s Rights, et al., filed. (Distributed) |
| Jan 22 2021 | Brief amicus curiae of National Citizenship and Immigration Services Council 119 filed. (Distributed) |
| Jan 22 2021 | Brief amici curiae of United States Conference of Catholic Bishops, Catholic Legal Immigration Network, Inc., and Catholic Charities USA filed. (Distributed) |
| Jan 25 2021 | Record requested from the U.S.C.A. 9th Circuit. |
| Jan 28 2021 | Record from the U.S.C.A. 9th Circuit electronic and located on Pacer. |
| Feb 01 2021 | Motion to hold further briefing in abeyance and remove the case from the February 2021 argument calendar filed by petitioners. (Distributed) |
| Feb 03 2021 | Motion to hold further briefing in abeyance and remove the case from the February 2021 argument calendar GRANTED. |
| May 18 2021 | Motion for leave to intervene filed by States of Texas, Missouri, and Arizona. (Distributed) |
| Jun 01 2021 | Response to motion to intervene from respondents filed. (Distributed) |
| Jun 01 2021 | Response to motion to intervene from petitioners filed. (Distributed) |
| Jun 01 2021 | Suggestion of mootness and motion to vacate the judgment of the court of appeals filed by petitioners. (Distributed) |
| Jun 11 2021 | Response to motion to vacate from respondents filed. |
| Jun 15 2021 | Reply of petitioners on motion to vacate filed. |
| Jun 16 2021 | Reply of States of Texas, Missouri, and Arizona on motion to intervene filed. |
| Jun 18 2021 | Supplemental reply of petitioners on motion to vacated filed. |
| Jun 21 2021 | Motion for leave to intervene filed by States of Texas, Missouri, and Arizona dismissed as moot. |
| Jun 21 2021 | The motion to vacate the judgment is granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Ninth Circuit with instructions to direct the District Court to vacate as moot the April 8, 2019 order granting a preliminary injunction. See United States v. Munsingwear, Inc., 340 U. S. 36 (1950). |
| Jul 23 2021 | JUDGMENT ISSUED. |
