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Immigration and Customs Enforcement, et al. v. Yolany Padilla, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 19-35565 · judgment March 27, 2020

GVR'd · January 11, 2021
Pre-decision estimate: 24% cert probability (95% interval 16%–34%)

Before the decision, about 5.9× 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 Ninth Circuit decision below.

Questions presented

  1. Whether 8 U.S.C. 1225(b)(l)(B)(ii)—which au­ thorizes the government to detain aliens who are placed in expedited removal proceedings, but who then estab­ lish a credible fear of persecution based on a protected ground—violates the Due Process Clause of the Fifth Amendment because it contains no provision authoriz­ ing bond hearings.

  2. Whether 8 U.S.C. 1252(f)(1) prohibits lower courts from granting classwide injunctions against the operation of 8 U.S.C. 1221-1232. (I)

Counsel of record

For petitioner
Jeffrey B. Wall
Sullivan & Cromwell LLP

For respondent
Matthew Hyrum Adams
Northwest Immigrant Rights Project

Case

Subject area
Civil Rights (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, January 11, 2021 · Summary disposition

Proceedings

  1. Feb 12 2021
    JUDGMENT ISSUED.
  2. Jan 11 2021
    Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Department of Homeland Security v. Thuraissigiam, 591 U. S. ___ (2020).
  3. Dec 23 2020
    DISTRIBUTED for Conference of 1/8/2021.
  4. Dec 09 2020
    Brief of respondents Yolany Padilla, et al. in opposition filed.
  5. Nov 06 2020
    Motion to extend the time to file a response is granted in part; the time is extended to and including December 9, 2020.
  6. Nov 05 2020
    Motion to extend the time to file a response from November 23, 2020 to December 23, 2020, submitted to The Clerk.
  7. Sep 08 2020
    Motion to extend the time to file a response is granted and the time is extended to and including November 23, 2020.
  8. Sep 04 2020
    Motion to extend the time to file a response from September 28, 2020 to November 23, 2020, submitted to The Clerk.
  9. Aug 24 2020
    Petition for a writ of certiorari filed. (Response due September 28, 2020)