Enter your email address to subscribe to updates to this case (by doing so, you are accepting the terms in our privacy policy):
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.
SCOTUSblog Coverage
- Court ruling gives Guatemalan woman new chance to appeal deportation (Jamelle C. Sharpe, May 16, 2023)
- Justices mull “exhaustion” requirement when noncitizens appeal deportation orders (Jamelle C. Sharpe, January 20, 2023)
- Court will confront jurisdictional jumble in the case of a transgender woman seeking relief from deportation (Jamelle C. Sharpe, January 14, 2023)
- Seven mostly low-profile cases are slated for oral arguments in January (Amy Howe, November 10, 2022)
- Court agrees to hear nine new cases, including challenge to tech companies’ immunity under Section 230 (Amy Howe, October 3, 2022)
| Date | Proceedings and Orders |
|---|---|
| Mar 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. |
| Mar 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. |
| Apr 03 2022 | Application (21A565) granted by Justice Alito extending the time to file until May 10, 2022. |
| May 10 2022 | Petition for a writ of certiorari filed. (Response due June 13, 2022) |
| Jun 07 2022 | Motion to extend the time to file a response from June 13, 2022 to July 13, 2022, submitted to The Clerk. |
| Jun 09 2022 | Motion to extend the time to file a response is granted and the time is extended to and including July 13, 2022. |
| Jul 11 2022 | Motion to extend the time to file a response from July 13, 2022 to August 12, 2022, submitted to The Clerk. |
| Jul 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. |
| Aug 12 2022 | Brief of respondent Merrick B. Garland, Attorney General in opposition filed. |
| Aug 30 2022 | Reply of petitioner Leon Santos-Zacaria filed. (Distributed) |
| Aug 31 2022 | DISTRIBUTED for Conference of 9/28/2022. |
| Oct 03 2022 | Petition GRANTED. |
| Oct 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. |
| Nov 10 2022 | SET FOR ARGUMENT on Tuesday, January 17, 2023. |
| Nov 16 2022 | Record requested from the U.S.C.A. 5th Circuit. |
| Nov 17 2022 | Brief of petitioner Leon Santos-Zacaria filed. |
| Nov 17 2022 | Joint appendix filed (statement of costs filed). |
| Nov 23 2022 | Brief amici curiae of Constitutional Accountability Center and National Immigration Litigation Alliance filed. |
| Nov 23 2022 | Brief amici curiae of Former Immigration Judges, et al. in support of neither party filed. |
| Nov 23 2022 | Brief amici curiae of Legal Services Providers filed. |
| Dec 07 2022 | CIRCULATED |
| Dec 07 2022 | Record received from the U.S.C.A. 5th Circuit. The record was transmitted electronically and contains sealed materials. |
| Dec 19 2022 | Brief of respondent Merrick B. Garland, Attorney General filed. (Distributed) |
| Jan 05 2023 | Reply of petitioner Leon Santos-Zacaria filed. (Distributed) |
| Jan 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. |
| May 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. |
| Jun 12 2023 | Judgment issued. |
