Garland v. Gonzalez
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 20-322 | 9th Cir. | Jan 11, 2022 | Jun 13, 2022 | 6-3 | Alito | OT 2021 |
Holding: 8 U.S.C. " 1252(f)(1) " which generally strips lower courts of "jurisdiction or authority" to "enjoin or restrain the operation of" certain provisions of the Immigration and Nationality Act " deprived the district courts of jurisdiction in these cases to entertain respondents" requests for class-wide injunctive relief.
Judgment: Reversed and remanded, 6-3, in an opinion by Justice Alito on June 13, 2022. Justice Sotomayor filed an opinion concurring in the judgment in part and dissenting in part, in which Justice Kagan joined, and in which Justice Breyer joined as to Parts II-A-2, II-B-2, and III.
SCOTUSblog Coverage
- An important week for immigration law (SCOTUStalk, June 21, 2022)
- The demise of rights-protective statutory interpretation for detained immigrants and the rise of piecemeal textualism (Shalini Bhargava Ray, June 15, 2022)
- Announcement of orders and opinions for Monday, June 13 (complete) (Angie Gou, June 13, 2022)
- Justices reverse lower court rulings that ordered bond hearings for noncitizens in lengthy immigration detention (Shalini Bhargava Ray, June 13, 2022)
- Justices grapple with the legacy of a 2001 immigration detention case (Shalini Bhargava Ray, January 12, 2022)
- Justices will revisit whether certain noncitizens in lengthy detention are entitled to bond hearings (Shalini Bhargava Ray, January 10, 2022)
- Justices set January argument calendar (Amy Howe, November 18, 2021)
- Justices issue summer orders, add two new immigration cases to merits docket (Amy Howe, August 23, 2021)
- Petitions of the week: DNA analysts, Temporary Protected Status recipients and more (Andrew Hamm, October 9, 2020)
| Date | Proceedings and Orders |
|---|---|
| 09/04/2020 | Petition for a writ of certiorari filed. (Response due October 13, 2020) |
| 09/22/2020 | Motion to extend the time to file a response from October 13, 2020 to December 14, 2020, submitted to The Clerk. |
| 09/24/2020 | Motion to extend the time to file a response is granted and the time is extended to and including December 14, 2020. |
| 10/13/2020 | Brief amicus curiae of Immigration Reform Law Institute filed. |
| 12/08/2020 | Motion to extend the time to file a response from December 14, 2020 to January 13, 2021, submitted to The Clerk. |
| 12/10/2020 | Motion to extend the time to file a response is granted in part; time is extended to and including December 16, 2020. |
| 12/16/2020 | Brief of respondents Esteban A. Gonzalez, et al. in opposition filed. |
| 12/21/2020 | Letter waiving the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed. |
| 12/23/2020 | DISTRIBUTED for Conference of 1/8/2021. |
| 07/01/2021 | DISTRIBUTED for Conference of 7/1/2021. |
| 08/23/2021 | Petition GRANTED. In addition to the question presented by the petition, the parties are directed to brief and argue the following question: Whether, under 8 U. S. C. " 1252(f)(1), the courts below had jurisdiction to grant classwide injunctive relief. |
| 09/28/2021 | Motion for an extension of time to file the briefs on the merits filed. |
| 10/01/2021 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including October 14, 2021. The time to file respondent's brief on the merits is extended to and including November 22, 2021. |
| 10/06/2021 | Motion to dispense with printing the joint appendix filed by petitioner Merrick B. Garland, Attorney General, et al. |
| 10/14/2021 | Brief of petitioners Merrick B. Garland, Attorney General, et al. filed. |
| 10/18/2021 | Motion to dispense with printing the joint appendix filed by petitioners GRANTED. |
| 10/21/2021 | Brief amicus curiae of Immigration Reform Law Institute filed. |
| 11/17/2021 | ARGUMENT SET FOR Tuesday, January 11, 2022. |
| 11/17/2021 | Record requested from the U.S.C.A. 9th Circuit. |
| 11/17/2021 | the record from the 9th Circuit is electronic and located on Pacer. |
| 11/22/2021 | Brief of respondents Esteban A. Gonzalez, et al. filed. |
| 11/24/2021 | Brief amici curiae of Asian-Americans Advancing Justice-Asian Law Caucus, et al. filed (also in 19-896). VIDED. |
| 11/29/2021 | Brief amici curiae of Retired Federal Judges filed. |
| 11/29/2021 | Brief amici curiae of Former Immigration Judges and Board of Immigration Appeals Members filed (also in 19-896). VIDED. |
| 11/29/2021 | Brief amici curiae of Law Professors filed. |
| 11/29/2021 | Brief amicus curiae of Constitutional Accountability Center filed (also in 19-896). VIDED. |
| 12/08/2021 | CIRCULATED |
| 12/22/2021 | Reply of petitioners Merrick B. Garland, Attorney General, et al. filed. (Distributed) |
| 01/11/2022 | Argued. For petitioners: Curtis E. Gannon, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents: Matthew H. Adams, Seattle, Wash. |
| 06/13/2022 | Judgment REVERSED and case REMANDED. Alito, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/21pdf/20-322_new_986b.pdf'>opinion</a> of the Court, in which Roberts, C. J., and Thomas, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Sotomayor, J., filed an opinion concurring in the judgment in part and dissenting in part, in which Kagan, J., joined, and in which Breyer, J., joined as to Parts II"A"2, II"B"2, and III. |
| 07/15/2022 | JUDGMENT ISSUED |