Niz-Chavez v. Garland
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 19-863 | 6th Cir. | Nov 9, 2020 | Apr 29, 2021 | 6-3 | Gorsuch | OT 2020 |
Holding: A notice to appear sufficient to trigger the Illegal Immigration Reform and Immigrant Responsibility Act of 1996"s stop-time rule is a single document containing all the information about an individual"s removal hearing specified in 8 U.S.C. " 1229(a)(1).
Judgment: Reversed, 6-3, in an opinion by Justice Gorsuch on April 29, 2021. Justice Kavanaugh filed a dissenting opinion, in which Chief Justice Roberts and Justice Alito joined.
SCOTUSblog Coverage
- Unusual alliance of justices holds government to strict notice requirement in removal proceedings (Jayesh Rathod, May 2, 2021)
- Court rules against government on technical question of notice requirement in immigration law (Jayesh Rathod, April 29, 2021)
- Argument analysis: Justices revisit immigration notice provision, parsing statutory text while urging practical solutions (Jayesh Rathod, November 11, 2020)
- Case preview: How must the government serve notice of removal proceedings? (Jayesh Rathod, November 6, 2020)
- Justices will hear argument in ACA case one week after Election Day (Amy Howe, August 19, 2020)
- Court grants immigration case (Amy Howe, June 8, 2020)
- Relist Watch (John Elwood, June 3, 2020)
- Petitions of the week (Andrew Hamm, January 31, 2020)
| Date | Proceedings and Orders |
|---|---|
| 01/09/2020 | Petition for a writ of certiorari filed. (Response due February 10, 2020) |
| 01/09/2020 | 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 ths case should be submitted in paper form only, and should not be submitted through the Court's electronic filing systesm. |
| 02/05/2020 | Motion to extend the time to file a response from February 10, 2020 to March 11, 2020, submitted to The Clerk. |
| 02/05/2020 | Motion to extend the time to file a response is granted and the time is extended to and including March 11, 2020. |
| 03/05/2020 | Motion to extend the time to file a response from March 11, 2020 to April 10, 2020, submitted to The Clerk. |
| 03/06/2020 | Motion to extend the time to file a response is granted and the time is further extended to and including April 10, 2020. |
| 04/10/2020 | Brief of respondent William P. Barr, Attorney General in opposition filed. |
| 04/20/2020 | Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from April 28, 2020 to May 12, 2020, submitted to The Clerk. |
| 04/21/2020 | Motion to delay distribution of the petition for a writ of certiorari until May 12, 2020, granted. |
| 05/01/2020 | Letter of May 1, 2020 from the Solicitor General filed. |
| 05/11/2020 | Reply of petitioner Agusto Niz-Chavez filed. |
| 05/12/2020 | DISTRIBUTED for Conference of 5/28/2020. |
| 05/20/2020 | Letter of May 20, 2020 from counsel for petitioner filed. |
| 06/01/2020 | DISTRIBUTED for Conference of 6/4/2020. |
| 06/08/2020 | Petition GRANTED. |
| 06/08/2020 | 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. |
| 07/13/2020 | Motion for an extension of time to file the briefs on the merits filed. |
| 07/20/2020 | 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 August 6, 2020. The time to file respondent's brief on the merits is extended to and including September 21, 2020. |
| 08/06/2020 | Joint appendix filed. (Statement of costs filed) |
| 08/06/2020 | Brief of petitioner Agusto Niz-Chavez filed. |
| 08/13/2020 | Brief amici curiae of Thirty-Three Former Immigration Judges and Members of the Board of Immigration Appeals filed. |
| 08/13/2020 | Brief amicus curiae of National Immigrant Justice Center filed. |
| 08/13/2020 | Brief amici curiae of American Immigration Lawyers Association, The American Immigration Council, Legal Services Providers filed. |
| 08/19/2020 | SET FOR ARGUMENT on Monday, November 9, 2020. |
| 08/31/2020 | Record requested from the U.S.C.A. 6th Circuit. |
| 09/01/2020 | Record of the U.S.C.A.6th Circuit electronically received. |
| 09/02/2020 | CIRCULATED |
| 09/16/2020 | Motion for an extension of time to file respondent's brief on the merits filed. |
| 09/18/2020 | Motion to extend the time to file respondent's brief on the merits granted and the time is extended to and including September 25, 2020. |
| 09/25/2020 | Brief of respondent William P. Barr, Attorney General filed. (Distributed) |
| 10/02/2020 | Brief amicus curiae of Immigration Reform Law Institute filed. (Distributed) |
| 10/26/2020 | Reply of petitioner Agusto Niz-Chavez filed. (Distributed) |
| 11/09/2020 | Argued. For petitioner: David Zimmer, Boston, Mass. For respondent: Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C. |
| 04/29/2021 | Judgment REVERSED. Gorsuch, J., delivered the opinion of the Court, in which Thomas, Breyer, Sotomayor, Kagan, and Barrett, JJ., joined. Kavanaugh, J., filed a dissenting opinion, in which Roberts, C. J., and Alito, J., joined. |
| 06/01/2021 | JUDGMENT ISSUED. |