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David Jennings, et al. v. Alejandro Rodriguez, et al., Individually and on Behalf of All Others Similarly Situated

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 13-56706, 13-56755 · judgment October 28, 2015

Decided · February 27, 2018
At-filing estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

Under 8 U.S.C. 1225(b), inadmissible aliens who arrive at our Nation's borders must be detained, without a bond hearing, during proceedings to remove them from the country. Under 8 U.S.C. 1226(c), certain criminal and terrorist aliens must be detained, without a bond hearing, during removal proceedings. Under 8 U.S.C. 1226(a), other aliens may be released on bond during their removal proceedings, if the alien demonstrates that he is not a flight risk or a danger to the community. 8 C.F.R. 236.1(c)(8). Aliens detained under Section 1226(a) may receive additional bond hearings if circumstances have changed materially. 8 C.F.R. 1003.19 (e). The questions presented are:

  1. Whether aliens seeking admission to the United States who are subject to mandatory detention under Section 1225(b) must be afforded bond hearings, with the possibility of release into the United States, if detention lasts six months.

  2. Whether criminal or terrorist aliens who are subject to mandatory detention under Section 1226(c) must be afforded bond hearings, with the possibility of release, if detention lasts six months.

  3. Whether, in bond hearings for aliens detained for six months under Sections 1225(b), 1226 (c), or 1226(a), the alien is entitled to release unless the government demonstrates by clear and convincing evidence that the alien is a flight risk or a danger to the community; whether the length of the alien's detention must be weighed in favor of release; and whether new bond hearings must be afforded automatically every six months. ORDER OF December 15, 2016: THE PARTIES ARE DIRECTED TO FILE SUPPLEMENTAL BRIEFS ADDRESSING THE FOLLOWING QUESTIONS: 1) WHETHER THE CONSTITUTION REQUIRES THAT ALIENS SEEKING ADMISSION TO THE UNITED STATES WHO ARE SUBJECT TO MANDATORY DETENTION UNDER 8 U.S.C. § 1225(b) MUST BE AFFORDED BOND HEARINGS, WITH THE POSSIBILITY OF RELEASE INTO THE UNITED STATES, IF DETENTION LASTS SIX MONTHS. 2) WHETHER THE CONSTITUTION REQUIRES THAT CRIMINAL OR TERRORIST ALIENS WHO ARE SUBJECT TO MANDATORY DETENTION UNDER SECTION 1226(c) MUST BE AFFORDED BOND HEARINGS, WITH THE POSSIBILITY OF RELEASE, IF DETENTION LASTS SIX MONTHS. 3) WHETHER THE CONSTITUTION REQUIRES THAT, IN BOND HEARINGS FOR ALIENS DETAINED FOR SIX MONTHS UNDER SECTIONS 1225(b), 1226(c), OR 1226(a), THE ALIEN IS ENTITLED TO RELEASE UNLESS THE GOVERNMENT DEMONSTRATES BY CLEAR AND CONVINCING EVIDENCE THAT THE ALIEN IS A FLIGHT RISK OR A DANGER TO THE COMMUNITY, WHETHER THE LENGTH OF THE ALIEN’S DETENTION MUST BE WEIGHED IN FAVOR OF RELEASE, AND WHETHER NEW BOND HEARINGS MUST BE AFFORDED AUTOMATICALLY EVERY SIX MONTHS. 6/26/2017: THIS CASE IS RESTORED TO THE CALENDAR FOR REARGUMENT.

Counsel of record

For petitioner
Noel John Francisco
Jones Day

For respondent
Ahilan T. Arulanantham
UCLA SCHOOL OF LAW

Case

Subject area
Civil Rights (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 2 conferences

Amicus briefs
21 merits
(2 supporting pet./neither, 19 respondent)

Linked docket
15A747

Argument & decision

Argued October 3, 2017 — Malcolm L. Stewart · Ahilan T. Arulanantham. Listen and read along · the Court’s audio

Decided February 27, 2018. Opinion by Alito.

Proceedings

  1. Apr 02 2018
    JUDGMENT ISSUED.
  2. Feb 27 2018
    Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion of the Court, except as to Part II. Roberts, C. J., and Kennedy, J., joined that opinion in full; Thomas and Gorsuch, JJ., joined as to all but Part II; and Sotomayor, J., joined as to Part III-C. Thomas, J., filed an opinion concurring in part and concurring in the judgment, in which Gorsuch, J., joined except for footnote 6. Breyer, J., filed a dissenting opinion, in which Ginsburg and Sotomayor, JJ., joined. Kagan, J., took no part in the decision of the case.
  3. Dec 27 2017
    Letter of respondents Alejandro Rodriguez, et al. filed. (Distributed)
  4. Nov 10 2017
    Letter from Clerk of Court to counsel of record noting that Justice Kagan will not continue to participate in this case.
  5. Oct 03 2017
    Argued. For petitioners: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents: Ahilan T. Arulanantham, Los Angeles, Cal.
  6. Aug 03 2017
    Record received from the U.S.C.A. 9th Circuit is electronic.
  7. Aug 03 2017
    Record received from the U.S.D.C. District of Central California is electronic.
  8. Aug 01 2017
    Record requested from the U.S.C.A. 9th Circuit.
  9. Jul 19 2017
    SET FOR REARGUMENT on Tuesday, October 3, 2017.
  10. Jun 26 2017
    This case is restored to the calendar for reargument.
  11. Mar 02 2017
    Letter received from counsel for Respondents (Distributed)
  12. Feb 21 2017
    Supplemental reply brief of respondents Alejandro Rodriguez, et al. filed. (Distributed)
  13. Feb 21 2017
    Supplemental reply brief of petitioners David Jennings, et al. filed. (Distributed)
  14. Feb 10 2017
    Brief amici curiae of 29 U.S. Representatives: Chairman Robert Goodlatte, et al. in support of petitioners filed. (Distributed)
  15. Feb 10 2017
    Brief amici curiae of National Immigration Project of the National Lawyers Guild, et al. in support of respondents filed. (Distributed)
  16. Feb 10 2017
    Brief amici curiae of Americans for Immigrant Justice, et al. in support of respondents filed. (Distributed)
  17. Feb 10 2017
    Brief amici curiae of Professors Stephen H. Legomsky and Stephen Yale-Loehr in support of respondents filed. (Distributed)
  18. Feb 10 2017
    Brief amicus curiae of American Bar Association in support of respondents filed. (Distributed)
  19. Feb 10 2017
    Brief amici curiae of States of California, et al. in support of respondents filed. (Distributed)
  20. Feb 10 2017
    Brief amici curiae of County of Santa Clara California, and 19 additional counties, et al. in support of respondents filed. (Distributed)
  21. Feb 10 2017
    Brief amicus curiae of Human Rights First in support of respondents (To Be Recovered) filed. (Distributed)
  22. Feb 10 2017
    Brief amicus curiae in support of petitioners of Eagle Forum Education & Legal Defense Fund filed. (Distributed)
  23. Jan 31 2017
    Supplemental brief of petitioners David Jennings, et al. filed. (Distributed)
  24. Jan 31 2017
    Supplemental brief of respondents Alejandro Rodriguez, et al. filed. (Distributed)
  25. Dec 21 2016
    The time for the parties to file their supplemental briefs is extended to and including 2 p.m., Tuesday, January 31, 2017. Amicus briefs may be filed on or before 2 p.m., Friday, February 10, 2017. Reply briefs are to be filed on or before 2 p.m., Tuesday, February 21, 2017.
  26. Dec 15 2016
    The parties are directed to file supplemental briefs addressing the following questions: 1) Whether the Constitution requires that aliens seeking admission to the United States who are subject to mandatory detention under 8 U.S.C. § 1225(b) must be afforded bond hearings, with the possibility of release into the United States, if detention lasts six months. 2) Whether the Constitution requires that criminal or terrorist aliens who are subject to mandatory detention under Section 1226(c) must be afforded bond hearings, with the possibility of release, if detention lasts six months. 3) Whether the Constitution requires that, in bond hearings for aliens detained for six months under Sections 1225(b), 1226(c), or 1226(a), the alien is entitled to release unless the government demonstrates by clear and convincing evidence that the alien is a flight risk or a danger to the community, whether the length of the alien’s detention must be weighed in favor of release, and whether new bond hearings must be afforded automatically every six months. The briefs are to be filed simultaneously with the Clerk and served upon opposing counsel on or before 2 p.m., Tuesday, January 17, 2017. Amicus briefs may be filed with the Clerk and served upon counsel on or before 2 p.m., Friday, January 27, 2017. Reply briefs are to be filed simultaneously with the Clerk and served upon opposing counsel on or before 2 p.m., Monday, February 6, 2017. The word limits and cover colors for the briefs should correspond to the provisions of Rule 33.1(g) pertaining to briefs on the merits rather than to the provision pertaining to supplemental briefs.
  27. Nov 30 2016
    Argued. For petitioners: Ian H. Gershengorn, Acting Solicitor General, Department of Justice, Washington, D. C. For respondents: Ahilan T. Arulanantham, Los Angeles, Cal.
  28. Nov 16 2016
    Reply of petitioners David Jennings, et al. filed. (Distributed)
  29. Nov 03 2016
    Record received from U.S.C.A. 9th Circuit is electronic and located on PACER. Sealed records also received is electronic.
  30. Nov 01 2016
    Record requested from the U.S.C.A. 9th Circuit.
  31. Oct 26 2016
    CIRCULATED.
  32. Oct 24 2016
    Brief amici curiae of Members of Asian Americans Advancing Justice filed.
  33. Oct 24 2016
    Brief amici curiae of National Immigration Project of the National Lawyers Guild, and the Immigrant Legal Resource Center filed.
  34. Oct 24 2016
    Brief amici curiae of American Immigration Council, and American Immigration Lawyers Association filed.
  35. Oct 24 2016
    Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.
  36. Oct 24 2016
    Brief amici curiae of Detained Legal Services Providers filed.
  37. Oct 24 2016
    Brief amici curiae of 43 Social Science Researchers and Professors filed.
  38. Oct 24 2016
    Brief amici curiae of Professors of Constitutional, Immigration, and Administrative Law filed. (Distributed)
  39. Oct 24 2016
    Brief amici curiae of Human Rights First, and International Law Scholars William Aceves, et al. filed. (Distributed)
  40. Oct 24 2016
    Brief amici curiae of Americans for Immigrant Justice, et al. filed. (Distributed)
  41. Oct 24 2016
    Brief amici curiae of Nine Retired Immigration Judges, and Board of Immigration Appeals Members filed. (Distributed)
  42. Oct 24 2016
    Brief amicus curiae of United Nations High Commissioner for Refugees filed. (Distributed)
  43. Oct 24 2016
    Brief amicus curiae of American Bar Association filed. (Distributed)
  44. Oct 21 2016
    SET FOR ARGUMENT on Wednesday, November 30, 2016
  45. Oct 17 2016
    Brief of respondents Alejandro Rodriguez, et al. filed.
  46. Oct 17 2016
    Response to petitioners’ letter of 8/26/16 submitted.
  47. Oct 07 2016
    Consent to the filing of amicus curiae briefs, in support of either party or of neither party, from counsel for petitioners.
  48. Oct 03 2016
    Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents.
  49. Aug 26 2016
    Joint appendix filed. (Statement of costs filed.)
  50. Aug 26 2016
    Brief of petitioners David Jennings, et al. filed.
  51. Aug 26 2016
    Copies of letter referenced in footnote 10 of petitioners' brief on the merits submitted.
  52. Jul 27 2016
    The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 26, 2016.
  53. Jul 27 2016
    The time to file respondents' brief on the merits is extended to and including October 17, 2016.
  54. Jun 20 2016
    Petition GRANTED.
  55. Jun 13 2016
    DISTRIBUTED for Conference of June 16, 2016.
  56. May 24 2016
    DISTRIBUTED for Conference of June 9, 2016.
  57. May 24 2016
    Reply of petitioners David Jennings, et al. filed. (Distributed)
  58. May 10 2016
    Brief of respondents Alejandro Rodriguez, et al. in opposition filed.
  59. Apr 18 2016
    Order extending time to file response to petition to and including May 24, 2016.
  60. Mar 25 2016
    Petition for a writ of certiorari filed. (Response due April 27, 2016)
  61. Feb 16 2016
    Application (15A747) granted by Justice Kennedy extending the time to file until March 26, 2016.
  62. Feb 12 2016
    Application (15A747) to extend further the time from February 25, 2016 to March 26, 2016, submitted to Justice Kennedy.
  63. Jan 21 2016
    Application (15A747) granted by Justice Kennedy extending the time to file until February 25, 2016.
  64. Jan 15 2016
    Application (15A747) to extend the time to file a petition for a writ of certiorari from January 26, 2016 to February 25, 2016, submitted to Justice Kennedy.