Supreme Court of the United States · Official docket →
Pierre Yassue Nashun Riley v. Pamela Bondi, Attorney General
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 22-1609 · judgment April 26, 2024
Before the decision, about 1.9× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, a circuit split argued in the petition, and a Fourth Circuit decision below.
Questions presented
Petitioner Pierre Riley, ineligible for cancellation of removal or discretionary relief from removal, sought deferral in withholding-only proceedings, pursuant to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. After the Board of Immigration Appeals issued a decision reversing an immigration judge's grant of relief, Riley promptly petitioned for review by the U.S. Court of Appeals for the Fourth Circuit. Although both parties urged the court to decide the merits of the case, the Fourth Circuit dismissed Riley's petition for lack of jurisdiction pursuant to 8 U.S.C. 1252(b)(1), which states "[t]he petition for review must be filed not later than 30 days after the date of the final order of removal." This holding implicates two circuit splits, each of which independently warrants review.
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Whether 8 U.S.C. 1252(b)(1)'s 30-day deadline is jurisdictional, or merely a mandatory claims-processing rule that can be waived or forfeited.
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Whether a person can obtain review of the BIA's decision in a withholding-only proceeding by filing a petition within 30 days of that BIA decision? THE PETITION FOR A WRIT OF CERTIORARI IS GRANTED LIMITED TO THE QUESTIONS PRESENTED BY THE RESPONDENT’S BRIEF.
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Whether the 30-day deadline in 8 U.S.C. 1252(b)(1) for filing a petition for review of an order of removal is jurisdictional.
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Whether a noncitizen satisfies the deadline in Section 1252(b)(1) by filing a petition for review challenging an agency order denying withholding of removal or protection under the Convention Against Torture within 30 days of the issuance of that order. STEPHEN J. HAMMER, ESQUIRE, OF DALLAS, TEXAS, IS INVITED TO BRIEF AND ARGUE THIS CASE, AS AMICUS CURIAE, IN SUPPORT OF THE JUDGMENT BELOW.
Counsel of record
For petitioner
Keith Bradley
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 2 conferences
Amicus briefs
1 cert-stage · 11 merits
(2 supporting pet./neither, 9 respondent)
Argument & decision
Argued March 24, 2025 — Keith Bradley · Ephraim McDowell · Stephen J. Hammer. Audio and transcript
Decided June 26, 2025. Opinion by Alito.
Proceedings
- Jul 28 2025Judgment Issued.
- Jun 26 2025Judgment VACATED and case REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., Thomas, Kavanaugh, and Barrett, JJ., joined in full, and in which Sotomayor, Kagan, Gorsuch, and Jackson, JJ., joined only as to Part II–B. Thomas, J., filed a concurring opinion. Sotomayor, J., filed an opinion dissenting in part, in which Kagan and Jackson, JJ., joined in full, and in which Gorsuch, J., joined except as to Part IV.
- Mar 24 2025Argued. For petitioner: Keith Bradley, Denver, Colo. For respondent in support of petitioner: Ephraim McDowell, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For Court-appointed amicus curiae in support of the judgment below: Stephen J. Hammer, Dallas, Tex.
- Mar 14 2025Reply of respondent Pamela Bondi, Attorney General, in support of petitioner filed. (Distributed)
- Mar 14 2025Reply of petitioner Pierre Yassue Nashun Riley filed. (Distributed)
- Mar 03 2025Motion for divided argument filed by the Acting Solicitor General GRANTED.
- Feb 25 2025Brief amicus curiae of Immigration Reform Law Institute filed. (Distributed)
- Feb 20 2025Motion for divided argument filed by the Acting Solicitor General.
- Feb 19 2025CIRCULATED
- Feb 18 2025Brief amicus curiae of Court-appointed amicus curiae in support of the judgment below filed. (Distributed)
- Feb 11 2025Record requested from the United States Court of Appeals for the Fourth Circuit.
- Feb 10 2025SET FOR ARGUMENT on Monday, March 24, 2025.
- Jan 27 2025Motion to seal the appendix to the petition for a writ of certiorari, and for leave to file the joint appendix under seal, with redacted copies for the public record GRANTED.
- Jan 10 2025Brief amicus curiae of Center for Litigation and Courts in support of neither party filed.
- Jan 10 2025Brief amici curiae of Constitutional Accountability Center and National Immigration Litigation Alliance filed.
- Jan 10 2025Brief amici curiae of Administrative Law Professors filed.
- Jan 10 2025Brief amicus curiae of Juan E. Mendez filed.
- Jan 10 2025Brief amici curiae of Civil Procedure and Federal Courts Professors filed.
- Jan 10 2025Brief amicus curiae of Pacific Legal Foundation filed.
- Jan 10 2025Brief amici curiae of American Immigration Lawyers Association and American Immigration Council filed.
- Jan 10 2025Brief amici curiae of Immigration Legal Service Providers filed.
- Jan 03 2025Joint appendix (2 volumes redacted) filed. (Statement of costs filed)
- Jan 03 2025Brief of petitioner Pierre Riley filed.
- Jan 03 2025Brief of respondent Merrick B. Garland, Attorney General in support of petitioner filed.
- Jan 03 2025Motion to seal the appendix to the petition, and for leave to file the joint appendix under seal with redacted copies for the public record filed by petitioner Pierre Riley. (January 21, 2025 - electronic file of motion only).
- Dec 10 2024Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix, petitioner's brief on the merits, and respondents' brief supporting petitioner on the merits is extended to and including January 3, 2025. The time to file the brief of Court-appointed amicus curiae in support of the judgment below is extended to and including February 18, 2025.
- Dec 04 2024Motion for an extension of time to file the briefs on the merits filed. (December 10, 2024)
- Dec 04 2024Letter withdrawing motion (December 3, 2024) of Former U.S. Attorneys General filed.
- Dec 03 2024Stephen J. Hammer, Esquire, of Dallas, Texas, is invited to brief and argue this case, as amicus curiae, in support of the judgment below.
- Dec 03 2024Brief amici curiae of Former U.S. Attorneys General in support of neither party filed.
- Dec 03 2024Motion for leave to participate in oral argument and for divided argument of Former U.S. Attorneys General withdrawn by counsel of record.
- Nov 18 2024Letter to Clerk of Former U.S. Attorneys General not accepted for filing. (November 25, 2024)
- Nov 04 2024Petition GRANTED limited to the questions presented by the respondent's brief.
- Nov 04 2024As 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.
- Nov 04 2024Motion of Former U.S. Attorneys General for leave to participate in oral argument and for divided argument not accepted for filing. (November 25, 2024)
- Oct 28 2024DISTRIBUTED for Conference of 11/1/2024.
- Oct 02 2024DISTRIBUTED for Conference of 10/18/2024.
- Oct 01 2024Reply of petitioner Pierre Riley filed. (Distributed)
- Sep 13 2024Brief of respondent Merrick B. Garland, Attorney General filed.
- Aug 05 2024Motion to extend the time to file a response is granted and the time is further extended to and including September 13, 2024.
- Aug 02 2024Motion to extend the time to file a response from August 5, 2024 to September 13, 2024, submitted to The Clerk.
- Jul 05 2024Brief amici curiae of Former U.S. Attorneys General filed. VIDED
- Jun 18 2024Motion to extend the time to file a response is granted and the time is extended to and including August 5, 2024.
- Jun 17 2024Motion to extend the time to file a response from July 5, 2024 to August 5, 2024, submitted to The Clerk.
- May 31 2024
- May 31 2024Pursuant 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.