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Tae D. Johnson, Acting Director of U.S. Immigration and Customs Enforcement, et al. v. Maria Angelica Guzman Chavez, et al.

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 18-6086, 18-6419 · judgment October 10, 2019

Decided · June 29, 2021

Pre-decision estimate: 37% cert probability (95% interval 26%–50%)

Before the decision, about 9× the 4.1% base rate. The model weighted this up for a federal-government petitioner, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Question presented

Whether the detention of an alien who is subject to a reinstated removal order and who is pursuing withholding or deferral of removal is governed by 8 U.S.C. 1231, or instead by 8 U.S.C. 1226.

Counsel of record

For petitioner
Brian H. Fletcher
Acting Solicitor General

For respondent
Paul Whitfield Hughes
McDermott Will & Emery

Case

Conference history
Distributed for 2 conferences

Amicus briefs
7 merits
(1 supporting pet./neither, 6 respondent)

Argument & decision

Argued January 11, 2021 — Vivek Suri · Paul W. Hughes. Audio and transcript

Decided June 29, 2021. Opinion by Alito.

Proceedings

Aug 02 2021
JUDGMENT ISSUED.
Jun 29 2021
Judgment REVERSED. Alito, J., delivered the opinion of the Court, except as to footnote 4. Roberts, C. J., and Kavanaugh and Barrett, JJ., joined that opinion in full. Thomas, J., filed an opinion concurring except for footnote 4 and concurring in the judgment, in which Gorsuch, J., joined. Breyer, J., filed a dissenting opinion, in which Sotomayor and Kagan, JJ., joined.
Jan 11 2021
Argued. For petitioners: Vivek Suri, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Paul W. Hughes, Washington, D. C.
Dec 29 2020
Record received from the U.S.C.A. 4th Circuit. The record is electronic.
Dec 08 2020
CIRCULATED
Dec 04 2020
Reply of petitioners Tony H. Pham, et al. filed. (Distributed)
Dec 03 2020
Record requested from the U.S.C.A. 4th Circuit.
Nov 25 2020
SET FOR ARGUMENT on Monday, January 11, 2021.
Nov 12 2020
Brief amici curiae of National Immigration Litigation Alliance, et al. filed.
Nov 12 2020
Brief amicus curiae of National Immigrant Justice Center filed.
Nov 12 2020
Brief amici curiae of Human Rights First and International Law Scholars filed.
Nov 12 2020
Brief amici curiae of Former United States Immigration Judges and Members of the Board of Immigration Appeals filed.
Nov 12 2020
Amicus brief of American Immigration Council, et al. not accepted for filing. (December 21, 2020 - Corrected version submitted)
Nov 12 2020
Brief amici curiae of American Immigration Council, et al. filed (Dec.15, 2020). (Distributed)
Nov 10 2020
Brief amicus curiae of American Civil Liberties Union filed.
Nov 04 2020
Brief of respondents Maria Angelica Guzman Chavez, et al. filed.
Oct 05 2020
Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
Sep 14 2020
Motion to extend the time to file respondents' brief on the merits granted and the time is extended to and including November 4, 2020.
Sep 10 2020
Motion for an extension of time to file respondents' brief on the merits filed.
Aug 21 2020
Brief amicus curiae of Immigration Reform Law Institute filed.
Aug 14 2020
Brief of petitioners Mattew T. Albence, Acting Director of U.S. Immigration and Customs Enforcement, et al. filed.
Aug 14 2020
Motion to dispense with printing the joint appendix filed by petitioners Albence, Dir. of U.S. Immigration, et al.
Jul 24 2020
Motion to extend the time to file the joint appendix and petitioners' brief on the merits is extended to and including August 14, 2020.
Jul 22 2020
Motion for an extension of time to file the joint appendix and petitioners' brief on the merits filed.
Jun 15 2020
Petition GRANTED.
Jun 15 2020
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.
Jun 08 2020
DISTRIBUTED for Conference of 6/11/2020.
May 19 2020
DISTRIBUTED for Conference of 6/4/2020.
May 14 2020
Reply of petitioners Albence, Dir. of U.S. Immigration, et al. filed.
May 08 2020
Motion 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 2020
Motion to delay distribution of the petition for a writ certiorari until May 19, 2020, granted.
Apr 22 2020
Brief of respondents Maria Angelica Guzman Chavez, et al. in opposition filed.
Mar 18 2020
Motion to extend the time to file a response from March 23, 2020 to April 22, 2020, submitted to The Clerk.
Mar 18 2020
Motion to extend the time to file a response is granted and the time is extended to and including April 22, 2020.
Feb 12 2020
Motion to extend the time to file a response is granted and the time is extended to and including March 23, 2020.
Feb 10 2020
Motion to extend the time to file a response from February 20, 2020 to March 23, 2020, submitted to The Clerk.
Jan 17 2020
Petition for a writ of certiorari filed. (Response due February 20, 2020)
Jan 17 2020
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.
Dec 30 2019
Application (19A723) granted by The Chief Justice extending the time to file until February 7, 2020.
Dec 27 2019
Application (19A723) to extend the time to file a petition for a writ of certiorari from January 8, 2019 to February 7, 2020, submitted to The Chief Justice.