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Merrick B. Garland, Attorney General, et al. v. Esteban Aleman Gonzalez, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 18-16465


Decided · June 13, 2022
Pre-decision estimate: 81% cert probability (95% interval 70%–88%)

Before the decision, about 19.6× the 4.1% base rate. The model weighted this up for a federal-government petitioner and counsel who has won certiorari before.

Questions presented

  1. 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.

  2. Added by the Court: Whether, under 8 U.S.C. § 1252 (f) (1), the courts below had jurisdiction to grant classwide injunctive relief.

Counsel of record

For petitioner
Elizabeth B. Prelogar
Solicitor General

For respondent
Matthew Hyrum Adams
Northwest Immigrant Rights Project

Case

Conference history
Distributed for 2 conferences

Amicus briefs
1 cert-stage · 6 merits
(1 supporting pet./neither, 5 respondent)

Argument & decision

Argued January 11, 2022 — Curtis E. Gannon · Matthew H. Adams. Audio and transcript

Decided June 13, 2022. Opinion by Alito.

Proceedings

  1. Jul 15 2022
    JUDGMENT ISSUED
  2. Jun 13 2022
    Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Sotomayor, J., filed an opinion concurring in the judgment in part and dissenting in part, in which Kagan, J., joined, and in which Breyer, J., joined as to Parts II–A–2, II–B–2, and III.
  3. Jan 11 2022
    Argued. For petitioners: Curtis E. Gannon, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents: Matthew H. Adams, Seattle, Wash.
  4. Dec 22 2021
    Reply of petitioners Merrick B. Garland, Attorney General, et al. filed. (Distributed)
  5. Dec 08 2021
    CIRCULATED
  6. Nov 29 2021
    Brief amici curiae of Retired Federal Judges filed.
  7. Nov 29 2021
    Brief amici curiae of Former Immigration Judges and Board of Immigration Appeals Members filed (also in 19-896). VIDED.
  8. Nov 29 2021
    Brief amici curiae of Law Professors filed.
  9. Nov 29 2021
    Brief amicus curiae of Constitutional Accountability Center filed (also in 19-896). VIDED.
  10. Nov 24 2021
    Brief amici curiae of Asian-Americans Advancing Justice-Asian Law Caucus, et al. filed (also in 19-896). VIDED.
  11. Nov 22 2021
    Brief of respondents Esteban A. Gonzalez, et al. filed.
  12. Nov 17 2021
    ARGUMENT SET FOR Tuesday, January 11, 2022.
  13. Nov 17 2021
    Record requested from the U.S.C.A. 9th Circuit.
  14. Nov 17 2021
    the record from the 9th Circuit is electronic and located on Pacer.
  15. Oct 21 2021
    Brief amicus curiae of Immigration Reform Law Institute filed.
  16. Oct 18 2021
    Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
  17. Oct 14 2021
    Brief of petitioners Merrick B. Garland, Attorney General, et al. filed.
  18. Oct 06 2021
    Motion to dispense with printing the joint appendix filed by petitioner Merrick B. Garland, Attorney General, et al.
  19. Oct 01 2021
    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 October 14, 2021. The time to file respondent's brief on the merits is extended to and including November 22, 2021.
  20. Sep 28 2021
    Motion for an extension of time to file the briefs on the merits filed.
  21. Aug 23 2021
    Petition GRANTED. In addition to the question presented by the petition, the parties are directed to brief and argue the following question: Whether, under 8 U. S. C. § 1252(f)(1), the courts below had jurisdiction to grant classwide injunctive relief.
  22. Jul 01 2021
    DISTRIBUTED for Conference of 7/1/2021.
  23. Dec 23 2020
    DISTRIBUTED for Conference of 1/8/2021.
  24. Dec 21 2020
    Letter waiving the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed.
  25. Dec 16 2020
    Brief of respondents Esteban A. Gonzalez, et al. in opposition filed.
  26. Dec 10 2020
    Motion to extend the time to file a response is granted in part; time is extended to and including December 16, 2020.
  27. Dec 08 2020
    Motion to extend the time to file a response from December 14, 2020 to January 13, 2021, submitted to The Clerk.
  28. Oct 13 2020
    Brief amicus curiae of Immigration Reform Law Institute filed.
  29. Sep 24 2020
    Motion to extend the time to file a response is granted and the time is extended to and including December 14, 2020.
  30. Sep 22 2020
    Motion to extend the time to file a response from October 13, 2020 to December 14, 2020, submitted to The Clerk.
  31. Sep 04 2020
    Petition for a writ of certiorari filed. (Response due October 13, 2020)