Santos-Zacaria v. Garland
Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
---|---|---|---|---|---|---|
21-1436 | 5th Cir. | Jan 17, 2023 | May 11, 2023 | 9-0 | Jackson | OT 2022 |
Holding: Title 8 U.S.C. 1252(d)(1) " which requires noncitizens to "exhaus[t] all administrative remedies ... as of right" before challenging a Board of Immigration Appeals final order of removal in federal court " is not a jurisdictional provision and does not require noncitizens to request discretionary forms of review.
Judgment: Vacated in part and remanded, 9-0, in an opinion by Justice Jackson on May 11, 2023. Justice Alito filed an opinion concurring in the judgment, in which Justice Thomas joined.
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Date | Proceedings and Orders |
---|---|
03/30/2022 | Application (21A565) to extend the time to file a petition for a writ of certiorari from April 20, 2022 to May 20, 2022, submitted to Justice Alito. |
03/30/2022 | 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 this case should be submitted in paper form only, and should not be submitted through the Court's electronic filing system. |
04/03/2022 | Application (21A565) granted by Justice Alito extending the time to file until May 10, 2022. |
05/10/2022 | Petition for a writ of certiorari filed. (Response due June 13, 2022) |
06/07/2022 | Motion to extend the time to file a response from June 13, 2022 to July 13, 2022, submitted to The Clerk. |
06/09/2022 | Motion to extend the time to file a response is granted and the time is extended to and including July 13, 2022. |
07/11/2022 | Motion to extend the time to file a response from July 13, 2022 to August 12, 2022, submitted to The Clerk. |
07/12/2022 | Motion to extend the time to file a response is granted and the time is further extended to and including August 12, 2022. |
08/12/2022 | Brief of respondent Merrick B. Garland, Attorney General in opposition filed. |
08/30/2022 | Reply of petitioner Leon Santos-Zacaria filed. (Distributed) |
08/31/2022 | DISTRIBUTED for Conference of 9/28/2022. |
10/03/2022 | Petition GRANTED. |
10/03/2022 | 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. |
11/10/2022 | SET FOR ARGUMENT on Tuesday, January 17, 2023. |
11/16/2022 | Record requested from the U.S.C.A. 5th Circuit. |
11/17/2022 | Brief of petitioner Leon Santos-Zacaria filed. |
11/17/2022 | Joint appendix filed (statement of costs filed). |
11/23/2022 | Brief amici curiae of Constitutional Accountability Center and National Immigration Litigation Alliance filed. |
11/23/2022 | Brief amici curiae of Former Immigration Judges, et al. in support of neither party filed. |
11/23/2022 | Brief amici curiae of Legal Services Providers filed. |
12/07/2022 | CIRCULATED |
12/07/2022 | Record received from the U.S.C.A. 5th Circuit. The record was transmitted electronically and contains sealed materials. |
12/19/2022 | Brief of respondent Merrick B. Garland, Attorney General filed. (Distributed) |
01/05/2023 | Reply of petitioner Leon Santos-Zacaria filed. (Distributed) |
01/17/2023 | Argued. For petitioner: Paul W. Hughes, Washington, D. C. For respondent: Yaira Dubin, Assistant to the Solicitor General, Department of Justice, Washington, D. C. |
05/11/2023 | Adjudged to be VACATED IN PART, and case REMANDED. Jackson, J., delivered the opinion of the Court, in which Roberts, C. J., and Sotomayor, Kagan, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Alito, J., filed an opinion concurring in the judgment, in which Thomas, J., joined. |
06/12/2023 | Judgment issued. |