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Maria S., as Next Friend for E. H. F. and S. H. F., Minors, and A. S. G. v. Ramiro Garza

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 17-40873 · judgment January 4, 2019

Certiorari denied · October 7, 2019
Pre-decision estimate: 1% cert probability

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

Question presented

Did the Court of Appeals for the Fifth Circuit improperly weigh evidence and fail to draw factual inferences in favor of the nonmoving party when it determined that a U.S. Customs and Border Protection agent was entitled to qualified immunity in a suit brought by surviving minor children who allege that the agent intentionally coerced their mother into departing the United States for Mexico, where she was soon thereafter killed by a violent former partner? Did the Court of Appeals for the Fifth Circuit err when it declined to extend an implied right of action under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971) ("Bivens") to children who alleged that their mother was coerced into relinquishing her right to apply for protection against removal under the Immigration and Nationality Act ("INA")?

Counsel of record

For petitioner
Efren Carlos Olivares
Southern Poverty Law Center

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 3 conferences

Linked docket
18M141

Proceedings

  1. Oct 07 2019
    Petition DENIED.
  2. Aug 14 2019
    DISTRIBUTED for Conference of 10/1/2019.
  3. Jul 29 2019
    Brief of respondent Ramiro Garza in opposition filed.
  4. Jun 19 2019
    Motion to extend the time to file a response is granted and the time is extended to and including July 29, 2019.
  5. Jun 18 2019
    Motion to extend the time to file a response from June 27, 2019 to July 29, 2019, submitted to The Clerk.
  6. May 28 2019
    Response Requested. (Due June 27, 2019)
  7. May 21 2019
    DISTRIBUTED for Conference of 6/6/2019.
  8. May 14 2019
    Waiver of right of respondent Garza, Ramiro to respond filed.
  9. Apr 29 2019
    Motion (18M141) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
  10. Apr 10 2019
    MOTION (18M141) DISTRIBUTED for Conference of 4/26/2019.
  11. Apr 04 2019
    Motion (18M141) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
  12. Apr 04 2019
    Petition for a writ of certiorari filed. (Response due May 29, 2019)