Campos-Chaves v. Garland
Consolidated with:
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 22-674 | Jan 8, 2024 | Jun 14, 2024 | 5-4 | Alito | OT 2023 |
Holding: Because each of the aliens in this case received a proper notice for the removal hearings they missed and at which they were ordered removed from the United States, see 8 U.S.C. " 1229(a), they cannot seek rescission of their in absentia removal orders on the basis of defective notice under Section 1229a(b)(5)(C)(ii).
Judgment: Affirmed, 5-4, in an opinion by Justice Alito on June 14, 2024. Justice Jackson filed a dissenting opinion, in which Justices Sotomayor, Kagan, and Gorsuch joined.
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| Date | Proceedings and Orders |
|---|---|
| 01/18/2023 | Petition for a writ of certiorari filed. (Response due February 21, 2023) |
| 01/18/2023 | 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. |
| 01/31/2023 | Motion to extend the time to file a response from February 21, 2023 to March 24, 2023, submitted to The Clerk. |
| 02/01/2023 | Motion to extend the time to file a response is granted and the time is extended to and including March 24, 2023. |
| 03/24/2023 | Brief of respondent Merrick B. Garland, Attorney General filed. |
| 06/06/2023 | DISTRIBUTED for Conference of 6/22/2023. |
| 06/06/2023 | Reply of petitioner Moris Esmelis Campos-Chaves filed. (Distributed) |
| 06/29/2023 | DISTRIBUTED for Conference of 6/29/2023. |
| 06/30/2023 | Petition GRANTED. The petition for a writ of certiorari in No. 22-884 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED. |
| 06/30/2023 | Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 22-674. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 22-674. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.” |
| 06/30/2023 | 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. |
| 07/27/2023 | Letter proposing a briefing schedule filed by the Solicitor General on behalf of the parties filed. VIDED. |
| 08/04/2023 | The briefing proposal set forth in the Solicitor General’s letter of July 27, 2023, is adopted. The Solicitor General shall file a consolidated opening brief on the merits, limited to 17,000 words, on or before August 29, 2023. Any brief of an amicus curiae in support, or in support of neither party, shall bear a light green cover. Petitioner in No. 22-674 and respondents in No. 22-884 may each file a response brief on the merits on or before October 18, 2023, and the briefs shall bear light red covers. Any brief of an amicus curiae in support shall bear a dark green cover. The Solicitor General shall file a consolidated reply brief limited to 9,000 words. VIDED |
| 08/29/2023 | Brief of Merrick B. Garland, Attorney General filed. VIDED. |
| 08/29/2023 | Joint appendix filed. VIDED. |
| 09/05/2023 | Brief amicus curiae of Immigration Reform Law Institute filed. VIDED. |
| 10/18/2023 | Brief of respondent Varinder Singh filed (as to 22-884). |
| 10/18/2023 | Brief of petitioner Moris Esmelis Campos-Chaves filed (as to 22-674). |
| 10/18/2023 | Brief of respondent Raul Daniel Mendez-Colin filed. (as to 22-884) |
| 10/25/2023 | Brief amici curiae of National Immigrant Justice Center, et al. filed. VIDED. |
| 10/25/2023 | Brief amici curiae of Forty-Two Former Immigration Judges and Members of The Board of Immigration Appeals filed. VIDED. |
| 10/25/2023 | Brief amici curiae of Lucas Champollion, Brandon Waldon, Masoud Jasbi, Willow Parks, and Cleo Condoravdi filed. VIDED. |
| 10/25/2023 | Brief amici curiae of National Immigration Litigation Alliance, et al. filed (11/1/23). VIDED. |
| 10/25/2023 | Motion for divided argument filed by petitioner in No. 22-674 and respondents in No. 22-884. VIDED. |
| 11/06/2023 | Motion for divided argument filed by petitioner in No. 22-674 and respondents in No. 22-884 DENIED. VIDED. |
| 11/17/2023 | Record requested from the United States Court of Appeals for the Fifth Circuit. |
| 11/17/2023 | Reply of respondent Merrick B. Garland, Attorney General filed. VIDED. |
| 11/17/2023 | SET FOR ARGUMENT on Monday, January 8, 2024. VIDED. |
| 11/30/2023 | CIRCULATED |
| 12/06/2023 | Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available with the Clerk. |
| 01/08/2024 | Argued. For Merrick B. Garland, Attorney General: Charles L. McCloud, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For petitioner in 22-674 and respondents in 22-884: Easha Anand, Stanford, Cal. VIDED. |
| 06/14/2024 | Adjudged to be AFFIRMED (as to No. 22-674); REVERSED (No. 22-884 as to respondent Mendez-Colin), and VACATED AND REMANDED (No. 22-884 as to respondent Singh). Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Kavanaugh, and Barrett, JJ., joined. Jackson, J., filed a dissenting opinion, in which Sotomayor, Kagan, and Gorsuch, JJ., joined. VIDED. |
| 07/16/2024 | Judgment Issued. |