Supreme Court of the United States · Official docket →
Chad Wolf, Acting Secretary of Homeland Security, et al. v. Martin Jonathan Batalla Vidal, et al.
Paid petition · United States Court of Appeals for the Second Circuit, No. 18-122, 18-1313
Before the decision, about 15.1× the 4.1% base rate. The model weighted this up for a federal-government petitioner and counsel who has won certiorari before.
Questions presented
Consolidated with 18-587. This dispute concerns the policy of immigration enforcement discretion known as Deferred Action for Childhood Arrivals (DACA). In 2016, this Court affirmed, by an equally divided Court, a decision of the Fifth Circuit holding that two related Department of Homeland Security (DHS) discretionary enforcement policies, including an expansion of the DACA policy, were likely unlawful and should be enjoined. See United States v. Texas, 136 S. Ct. 2271 (per curiam). In September 2017, DHS determined that the original DACA policy was unlawful and would likely be struck down by the courts on the same grounds as the related policies. DHS thus instituted an orderly wind-down of the DACA policy. The questions presented are as follows:
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Whether DHS's decision to wind down the DACA policy is judicially reviewable.
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Whether DHS's decision to wind down the DACA policy is lawful.
Counsel of record
For petitioner
Noel John Francisco
Jones Day
For respondent
Barbara Dale Underwood
Solicitor General
Argument & decision
Argued November 12, 2019 — Noel J. Francisco · Theodore B. Olson · Michael J. Mongan. Audio and transcript
Decided June 18, 2020. Opinion by Roberts, C.J..
Proceedings
- Jul 20 2020JUDGMENT ISSUED.
- Jun 18 2020February 13, 2018 order VACATED, November 9, 2017 order AFFIRMED IN PART, March 29, 2018 order REVERSED IN PART, and CASE REMANDED (No. 18-587 is Vacated in Part, Reversed in Part, and Remanded, and No. 18-588 is Affirmed and Remanded). Roberts, C. J., delivered the opinion of the Court, except as to Part IV. Ginsburg, Breyer, and Kagan, JJ., joined that opinion in full, and Sotomayor, J., joined as to all but Part IV. Sotomayor, J., filed an opinion concurring in part, concurring in the judgment in part, and dissenting in part. Thomas, J., filed an opinion concurring in the judgment in part and dissenting in part, in which Alito and Gorsuch, JJ., joined. Alito, J., and Kavanaugh, J., filed opinions concurring in the judgment in part and dissenting in part. VIDED.
- Mar 27 2020Letter from counsel for Martin Jonathan Batalla Vidal, et al. (non-State Respondents) not accepted for filing (March 30, 2020 - improper submission per Rule 25.6).
- Nov 12 2019Argued. For petitioners: Noel J. Francisco, Solicitor General, Department of Justice, Washington, D. C. For private respondents: Theodore B. Olson, Washington, D. C. For state respondents: Michael J. Mongan, Solicitor General, San Francisco, Cal. VIDED.
- Sep 23 2019Record received from the U.S.D.C. Eastern District of New York. The record is electronic.
- Sep 16 2019Record requested from the U.S.C.A. 2nd Circuit.
- Sep 16 2019Record received from the U.S.C.A. 2nd Circuit is electronic.
- Sep 03 2019CIRCULATED
- Jul 08 2019SET FOR ARGUMENT on Tuesday, November 12, 2019. VIDED
- Jul 01 2019Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 18-587. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 18-587. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the fling is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
- Jun 28 2019Petition for a writ of certiorari before judgment GRANTED. The petition for a writ of certiorari in No. 18-587 and the petition for a writ of certiorari before judgment in No. 18-588 are granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
- Jun 26 2019DISTRIBUTED for Conference of 6/27/2019.
- Jun 17 2019DISTRIBUTED for Conference of 6/20/2019.
- Jun 10 2019DISTRIBUTED for Conference of 6/13/2019.
- Jan 14 2019DISTRIBUTED for Conference of 1/18/2019.
- Jan 04 2019Reply of petitioners Kirstjen M. Nielsen, Secretary of Homeland Security, et al. filed. (Distributed)
- Dec 26 2018DISTRIBUTED for Conference of 1/11/2019.
- Dec 26 2018Letter waiving the 14-day waiting period under Rule 15.5 filed.
- Dec 17 2018Brief of respondents Martin Jonathan Batalla Vidal, et al. (non-State Respondents) in opposition filed.
- Dec 17 2018Brief of respondents State of New York et al. (State Respondents) in opposition filed.
- Dec 06 2018Brief amici curiae of The States of Texas, et al. filed. VIDED.
- Dec 06 2018Brief amici curiae of Citizens United, Citizens United Foundation, English First Foundation, Public Advocate of the U.S., The Senior Citizens League, 60 Plus Foundation, Gun Owners of America, Gun Owners Foundation, Conservative Legal Defense and Education Fund, Patriotic Vete filed. VIDED.
- Dec 03 2018Motion to extend the time to file a response is granted and the time is extended to and including December 17, 2018, for all respondents.
- Nov 30 2018Motion to extend the time to file a response from December 5, 2018 to December 17, 2018, submitted to The Clerk.
- Nov 27 2018Letter of November 27, 2018 from the Solicitor General with respect to corrected supplemental brief of petitioners filed in case No. 18-587 filed. (11/28/2018)
- Nov 23 2018Letter of State of New York et al. (State Respondents) not accepted for filing. (November 26, 2018)
- Nov 23 2018Letter of State of New York et al. (State Respondents) not accepted for filing. (November 26, 2018)
- Nov 23 2018Letter from State of New York, et al. received.
- Nov 05 2018Petition for a writ of certiorari before judgment filed. (Response due December 5, 2018)