Supreme Court of the United States · Official docket →
Hugo Abisai Monsalvo Velazquez v. Pamela Bondi, Attorney General
Paid petition · United States Court of Appeals for the Tenth Circuit, No. 22-9576 · judgment December 14, 2023
Before the decision, about 3.6× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a petition filed soon after the judgment below, and a circuit split argued in the petition.
Question presented
Federal immigration law allows the government to grant a "voluntary departure" period of up to 60 days to a noncitizen "of good moral character" who receives an adverse decision in removal proceedings. 8 U.S.C. §1229c(b). If the noncitizen fails to depart during that window, he or she is subject to a civil fine and is ineligible for various forms of immigration relief (like cancellation of removal or adjustment of status) for 10 years. §1229c(d)(1). If, however, the noncitizen "file[s] a post-decision motion to reopen or reconsider during the period allowed for voluntary departure," the penalties for failure to voluntarily depart do not apply. 8 C.F.R. § 1240.26(b)(3)(iii). The question presented is: When a noncitizen's voluntary-departure period ends on a weekend or public holiday, is a motion to reopen filed the next business day sufficient to avoid the penalties for failure to depart?
Counsel of record
For petitioner
David Jacob Zimmer
Zimmer, Citron & Clarke LLP
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 2 conferences
Amicus briefs
3 merits
(3 supporting pet./neither)
Argument & decision
Argued November 12, 2024 — Gerard J. Cedrone · Anthony A. Yang. Audio and transcript
Decided April 22, 2025. Opinion by Gorsuch.
Proceedings
- May 27 2025Judgment Issued.
- Apr 22 2025Judgment REVERSED and case REMANDED. Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Sotomayor, Kagan, and Jackson, JJ., joined. Thomas, J., filed a dissenting opinion, in which Alito, J., joined, and in which Kavanaugh and Barrett, JJ., joined as to Parts I and II. Alito, J., and Barrett, J., filed dissenting opinions, in which Kavanaugh, J., joined.
- Nov 12 2024Argued. For petitioner: Gerard J. Cedrone, Boston, Mass. For respondent: Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
- Oct 28 2024Reply of petitioner Hugo Abisai Monsalvo Velazquez filed. (Distributed)
- Oct 01 2024CIRCULATED
- Sep 27 2024Brief of respondent Merrick B.Garland, Attorney General filed. (Distributed)
- Sep 06 2024Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
- Aug 29 2024Brief amici curiae of The Round Table of Former Immigration Judges filed.
- Aug 29 2024Brief amicus curiae of American Immigration Lawyers Association filed.
- Aug 29 2024Brief amicus curiae of Thomas Fuller Ogden filed.
- Aug 22 2024Brief of petitioner Hugo Abisai Monsalvo Velazquez filed.
- Aug 12 2024Record received electronically from the United States Court of Appeals for the Tenth Circuit and available with the Clerk.
- Aug 09 2024Record requested from the United States Court of Appeals for the Tenth Circuit.
- Jul 26 2024SET FOR ARGUMENT on Tuesday, November 12, 2024.
- Jul 24 2024Motion to dispense with printing the joint appendix filed by petitioner Hugo Abisai Monsalvo Velazquez.
- Jul 18 2024Motion for an extension of time to file the briefs on the merits filed.
- Jul 18 2024Motion 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 August 22, 2024. The time to file respondent's brief on the merits is extended to and including September 27, 2024.
- Jul 02 2024Petition GRANTED.
- Jul 02 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.
- Jun 28 2024DISTRIBUTED for Conference of 7/1/2024.
- Jun 04 2024DISTRIBUTED for Conference of 6/20/2024.
- Jun 03 2024Reply of petitioner Hugo Abisai Monsalvo Velazquez filed. (Distributed)
- May 15 2024Brief of respondent Merrick B. Garland, Attorney General in opposition filed.
- Apr 18 2024Motion to extend the time to file a response is granted and the time is further extended to and including May 15, 2024.
- Apr 17 2024Motion to extend the time to file a response from April 29, 2024 to May 15, 2024, submitted to The Clerk.
- Mar 21 2024Motion to extend the time to file a response is granted and the time is extended to and including April 29, 2024.
- Mar 20 2024Motion to extend the time to file a response from March 28, 2024 to April 29, 2024, submitted to The Clerk.
- Feb 23 2024
- Feb 23 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.