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Nidal Khalid Nasrallah v. William P. Barr, Attorney General

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 17-13105 · judgment February 14, 2019

Decided · June 1, 2020
Pre-decision estimate: 25% cert probability (95% interval 18%–34%)

Before the decision, about 6.1× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Question presented

Because of the United States' inviolable obligation not to deport individuals to countries in which they are likely to be subject to torture, individuals who are statutorily ineligible for asylum may request withholding (or deferral) of removal. Such relief is, as courts repeatedly note, a fundamental bulwark to ensure that the government's decision to deport an individual does not result in torture or death. The courts of appeals have deeply and intractably divided as to whether 8 U.S.C. § 1252(a)(2)(C) divests them of jurisdiction to review factual findings underlying the administrative agency's decision to deny a request for withholding (or deferral) of removal relief. The United States has expressly acknowledged the conflict among the circuits, and it has previously acquiesced to certiorari on this question. This case, unlike those before it, cleanly presents the question for review. The question presented is: Whether, notwithstanding Section 1252(a)(2)(C), the courts of appeals possess jurisdiction to review factual findings underlying denials of withholding (and deferral) of removal relief.

Counsel of record

For petitioner
Paul Whitfield Hughes
McDermott Will & Emery

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 2 conferences

Amicus briefs
3 merits
(3 supporting pet./neither)

Argument & decision

Argued March 2, 2020 — Paul Hughes · Matthew Guarnieri. Audio and transcript

Decided June 1, 2020. Opinion by Kavanaugh.

Proceedings

  1. Jul 06 2020
    JUDGMENT ISSUED.
  2. Jun 01 2020
    Judgment REVERSED. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Breyer, Sotomayor, Kagan, and Gorsuch, JJ., joined. Thomas, J., filed a dissenting opinion, in which Alito, J., joined.
  3. Mar 10 2020
    Sealed documents were requested and electronically received from the U.S.C.A. 11th Circuit.
  4. Mar 02 2020
    Argued. For petitioner: Paul Hughes, Washington, D. C. For respondent: Matthew Guarnieri, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
  5. Feb 14 2020
    Reply of petitioner Nidal Khalid Nasrallah filed. (Distributed)
  6. Jan 22 2020
    the record from the U.S.C.A. 11th Circuit is electronic and located on PACER
  7. Jan 21 2020
    CIRCULATED
  8. Jan 15 2020
    Brief of respondent William P. Barr, Attorney General filed.
  9. Jan 09 2020
    Record requested from the U.S.C.A. 11th Circuit.
  10. Dec 16 2019
    Brief amici curiae of Former Executive Office of Immigration Review Judges filed.
  11. Dec 16 2019
    Brief amici curiae of Law Professors filed.
  12. Dec 16 2019
    Brief amicus curiae of Legal Service Providers filed.
  13. Dec 09 2019
    Joint appendix filed. (Statement of costs filed).
  14. Dec 09 2019
    Brief of petitioner Nidal Khalid Nasrallah filed.
  15. Nov 26 2019
    SET FOR ARGUMENT on Monday, March 2, 2020.
  16. Nov 20 2019
    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 December 9, 2019. The time to file respondent's brief on the merits is extended to and including January 15, 2020.
  17. Nov 18 2019
    Motion for an extension of time to file the briefs on the merits filed.
  18. Oct 18 2019
    Petition GRANTED.
  19. Oct 18 2019
    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.
  20. Oct 15 2019
    DISTRIBUTED for Conference of 10/18/2019.
  21. Sep 25 2019
    DISTRIBUTED for Conference of 10/11/2019.
  22. Sep 25 2019
    Reply of petitioner Nidal Khalid Nasrallah filed. (Distributed)
  23. Sep 09 2019
    Brief of respondent William P. Barr, Attorney General in opposition filed.
  24. Aug 09 2019
    Motion to extend the time to file a response is granted and the time is further extended to and including September 9, 2019.
  25. Aug 08 2019
    Motion to extend the time to file a response from August 14, 2019 to September 9, 2019, submitted to The Clerk.
  26. Jul 12 2019
    Motion to extend the time to file a response is granted and the time is further extended to and including August 14, 2019.
  27. Jul 11 2019
    Motion to extend the time to file a response from July 15, 2019 to August 14, 2019, submitted to The Clerk.
  28. Jun 05 2019
    Motion to extend the time to file a response is granted and the time is extended to and including July 15, 2019.
  29. Jun 04 2019
    Motion to extend the time to file a response from June 14, 2019 to July 15, 2019, submitted to The Clerk.
  30. May 14 2019
    Petition for a writ of certiorari filed. (Response due June 14, 2019)
  31. May 14 2019
    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.