Skip to content

Johnson v. Guzman Chavez

Docket No. Op. Below Argument Opinion Vote Author Term
19-897 4th Cir. Jan 11, 2021 Jun 29, 2021 6-3 Alito OT 2020

Holding: The detention of a noncitizen ordered removed from the United States who reenters without authorization is governed by 8 U.S.C. " 1231.

Judgment: Reversed, 6-3, in an opinion by Justice Alito on June 29, 2021. Justice Thomas filed an opinion concurring except for footnote 4 and concurring in the judgment, in which Justice Gorsuch joined. Justice Breyer filed a dissenting opinion, in which Justices Sotomayor and Kagan joined.

DateProceedings and Orders (key to color coding)
12/27/2019Application (19A723) to extend the time to file a petition for a writ of certiorari from January 8, 2019 to February 7, 2020, submitted to The Chief Justice.
12/30/2019Application (19A723) granted by The Chief Justice extending the time to file until February 7, 2020.
01/17/2020Petition for a writ of certiorari filed. (Response due February 20, 2020)
01/17/2020Pursuant 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.
02/10/2020Motion to extend the time to file a response from February 20, 2020 to March 23, 2020, submitted to The Clerk.
02/12/2020Motion to extend the time to file a response is granted and the time is extended to and including March 23, 2020.
03/18/2020Motion to extend the time to file a response from March 23, 2020 to April 22, 2020, submitted to The Clerk.
03/18/2020Motion to extend the time to file a response is granted and the time is extended to and including April 22, 2020.
04/22/2020Brief of respondents Maria Angelica Guzman Chavez, et al. in opposition filed.
05/08/2020Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from May 12, 2020 to May 19, 2020, submitted to The Clerk.
05/08/2020Motion to delay distribution of the petition for a writ certiorari until May 19, 2020, granted.
05/14/2020Reply of petitioners Albence, Dir. of U.S. Immigration, et al. filed.
05/19/2020DISTRIBUTED for Conference of 6/4/2020.
06/08/2020DISTRIBUTED for Conference of 6/11/2020.
06/15/2020Petition GRANTED.
06/15/2020As 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.
07/22/2020Motion for an extension of time to file the joint appendix and petitioners' brief on the merits filed.
07/24/2020Motion to extend the time to file the joint appendix and petitioners' brief on the merits is extended to and including August 14, 2020.
08/14/2020Brief of petitioners Mattew T. Albence, Acting Director of U.S. Immigration and Customs Enforcement, et al. filed.
08/14/2020Motion to dispense with printing the joint appendix filed by petitioners Albence, Dir. of U.S. Immigration, et al.
08/21/2020Brief amicus curiae of Immigration Reform Law Institute filed.
09/10/2020Motion for an extension of time to file respondents' brief on the merits filed.
09/14/2020Motion to extend the time to file respondents' brief on the merits granted and the time is extended to and including November 4, 2020.
10/05/2020Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
11/04/2020Brief of respondents Maria Angelica Guzman Chavez, et al. filed.
11/10/2020Brief amicus curiae of American Civil Liberties Union filed.
11/12/2020Brief amici curiae of National Immigration Litigation Alliance, et al. filed.
11/12/2020Brief amicus curiae of National Immigrant Justice Center filed.
11/12/2020Brief amici curiae of Human Rights First and International Law Scholars filed.
11/12/2020Brief amici curiae of Former United States Immigration Judges and Members of the Board of Immigration Appeals filed.
11/12/2020Amicus brief of American Immigration Council, et al. not accepted for filing. (December 21, 2020 - Corrected version submitted)
11/12/2020Brief amici curiae of American Immigration Council, et al. filed (Dec.15, 2020). (Distributed)
11/25/2020SET FOR ARGUMENT on Monday, January 11, 2021.
12/03/2020Record requested from the U.S.C.A. 4th Circuit.
12/04/2020Reply of petitioners Tony H. Pham, et al. filed. (Distributed)
12/08/2020CIRCULATED
12/29/2020Record received from the U.S.C.A. 4th Circuit. The record is electronic.
01/11/2021Argued. For petitioners: Vivek Suri, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Paul W. Hughes, Washington, D. C.
06/29/2021Judgment REVERSED. Alito, J., delivered the opinion of the Court, except as to footnote 4. Roberts, C. J., and Kavanaugh and Barrett, JJ., joined that opinion in full. Thomas, J., filed an opinion concurring except for footnote 4 and concurring in the judgment, in which Gorsuch, J., joined. Breyer, J., filed a dissenting opinion, in which Sotomayor and Kagan, JJ., joined.
08/02/2021JUDGMENT ISSUED.