Supreme Court of the United States · Official docket →
Tae D. Johnson, Acting Director of U.S. Immigration and Customs Enforcement, et al. v. Antonio Arteaga-Martinez
Paid petition · United States Court of Appeals for the Third Circuit, No. 19-1054 · judgment August 20, 2019
Decided · June 13, 2022
Pre-decision estimate: 33% cert probability (95% interval 21%–47%)
Before the decision, about 8× the 4.1% base rate. The model weighted this up for a federal-government petitioner, a Third Circuit decision below, and counsel with five or more prior petitions here.
Question presented
Whether an alien who is detained under 8 U.S.C. 1231 is entitled by statute, after six months of detention, to a bond hearing at which the government must prove to an immigration judge that the alien is a flight risk or a danger to the community.
Counsel of record
For petitioner
Elizabeth B. Prelogar
Solicitor General
For respondent
Pratik A. Shah
Akin Gump Strauss Hauer & Feld, LLP
Case
Conference history
Distributed for 3 conferences
Amicus briefs
3 merits
(3 respondent)
Argument & decision
Argued January 11, 2022 — Austin Raynor · Pratik A. Shah. Audio and transcript
Decided June 13, 2022. Opinion by Sotomayor.
Proceedings
- Jul 15 2022JUDGMENT ISSUED
- Jun 13 2022Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Kagan, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Thomas, J., filed a concurring opinion, in which Gorsuch, J., joined as to Part I. Breyer, J., filed an opinion concurring in part and dissenting in part.
- Jan 11 2022Argued. For petitioners: Austin Raynor, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Pratik A. Shah, Washington, D. C.
- Dec 22 2021Reply of petitioners Tae D. Johnson, et al. filed. (Distributed)
- Dec 08 2021CIRCULATED
- Nov 30 2021The record from the U.S.C.A. 3rd Circuit and for the U.S.D.C. Middle District of Pennsylvania (Harrisburg) has been electronically filed.
- Nov 29 2021Brief amici curiae of Former Immigration Judges and Board of Immigration Appeals Members filed (also in 20-322). VIDED.
- Nov 29 2021Brief amicus curiae of Constitutional Accountability Center filed (also in 20-322). VIDED.
- Nov 24 2021Brief amici curiae of Asian Americans Advancing Justice-Asian Law Caucus, et al filed (also in 20-322). VIDED.
- Nov 22 2021Brief of respondent Antonio Arteaga-Martinez filed.
- Nov 17 2021ARGUMENT SET FOR Tuesday, January 11, 2022.
- Nov 17 2021Record requested from the U.S.C.A. 3rd Circuit.
- Oct 18 2021Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
- Oct 14 2021Brief of petitioners Tae D. Johnson, et al. filed.
- Oct 06 2021Motion to dispense with printing the joint appendix filed by petitioner Tae D. Johnson, et al.
- Oct 01 2021Motion 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 October 14, 2021. The time to file respondent's brief on the merits is extended to and including November 22, 2021.
- Sep 28 2021Motion for an extension of time to file the briefs on the merits filed.
- Aug 23 2021Petition GRANTED.
- Aug 23 2021As 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.
- Jul 01 2021DISTRIBUTED for Conference of 7/1/2021.
- Jun 08 2020DISTRIBUTED for Conference of 6/11/2020.
- May 19 2020DISTRIBUTED for Conference of 6/4/2020.
- May 14 2020Reply of petitioners Matthew T. Albence, Acting Director of U.S. Immigration, et al. filed. (Distributed)
- May 08 2020Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from May 12, 2020 to May 19, 2020, submitted to The Clerk.
- May 08 2020Motion to delay distribution of the petition for a writ certiorari until May 19, 2020, granted.
- Apr 22 2020Brief of respondent Antonio Arteaga-Martinez in opposition filed.
- Mar 06 2020Motion to extend the time to file a response from March 23, 2020 to April 22, 2020, submitted to The Clerk.
- Mar 06 2020Motion to extend the time to file a response is granted and the time is further extended to and including April 22, 2020.
- Feb 14 2020Motion to extend the time to file a response is granted and the time is extended to and including March 23, 2020.
- Feb 13 2020Motion to extend the time to file a response from February 20, 2020 to March 23, 2020, submitted to The Clerk.
- Jan 17 2020Petition for a writ of certiorari filed. (Response due February 20, 2020)
- Jan 17 2020Pursuant 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 shouild not be submitted through the Court's electronic filing system.
- Dec 10 2019Application (19A515) granted by Justice Alito extending the time to file until January 17, 2020.
- Dec 06 2019Application (19A515) to extend further the time from December 18, 2019 to January 17, 2020, submitted to Justice Alito.
- Nov 12 2019Application (19A515) granted by Justice Alito extending the time to file until December 18, 2019.
- Nov 08 2019Application (19A515) to extend the time to file a petition for a writ of certiorari from November 18, 2019 to December 18, 2019, submitted to Justice Alito.