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Xue v. Sessions

Case dismissed, pursuant to Rule 46, on October 31, 2017

Docket No. Argument Opinion Vote Author Term
16-1274 TBD TBD TBD TBD OT 2017

Issue: (1) Whether an asylum applicant suffers "persecution" under 8 U.S.C. § 1101(a)(42)(A) if he or she is forced to practice his or her religion in secret in order to avoid state-imposed punishment; and (2) whether a court of appeals reviews the Board of Immigration Appeals' determination regarding the existence of persecution de novo (as a question of law) or for substantial evidence (as a question of fact), where all the underlying facts giving rise to the claim of persecution are undisputed.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
04/24/2017Petition for a writ of certiorari filed. (Response due May 24, 2017)
05/10/2017Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioner.
05/23/2017Brief amicus curiae of Pacific Justice Institute filed.
05/24/2017Brief amicus curiae of Alliance Defending Freedom filed.
05/24/2017Brief amici curiae of Christian Legal Society, et al. filed.
05/24/2017Brief amici curiae of The Foundation for Moral Law, et al. filed.
05/24/2017Brief amicus curiae of Advocates International filed.
05/25/2017Order extending time to file response to petition to and including June 23, 2017.
06/15/2017Order further extending time to file response to petition to and including July 24, 2017.
07/20/2017Order further extending time to file response to petition to and including September 29, 2017.
09/27/2017Order further extending time to file response to petition to and including October 30, 2017.
10/31/2017Stipulation to dismiss the petition for a writ of certiorari pursuant to Rule 46.1 received.
10/31/2017Petition Dismissed - Rule 46.