No. 20-234

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

Lower Court: Ninth Circuit
Docketed: 2020-08-27
Status: GVR
Type: Paid
Experienced Counsel
Tags: 5th-amendment classwide-injunction credible-fear detention due-process expedited-removal immigration immigration-detention statutory-interpretation
Key Terms:
DueProcess Immigration ClassAction
Latest Conference: 2021-01-08
Question Presented (AI Summary)

Whether 8 U.S.C. authorizes the government to detain aliens who are placed in expedited removal proceedings, but who then establish a credible fear of persecution based on a protected ground—violates the Due Process Clause of the Fifth Amendment because it contains no provision authorizing bond hearings

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether 8 U.S.C. authorizes the government to detain aliens who are placed in expedited removal proceedings, but who then establish a credible fear of persecution based on a protected ground—violates the Due Process Clause of the Fifth Amendment because it contains no provision authorizing 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, 1221-1282. e9)

Docket Entries

2021-02-12
JUDGMENT ISSUED.
2021-01-11
Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of <i>Department of Homeland Security</i> v. <i>Thuraissigiam</i>, 591 U. S. ___ (2020).
2020-12-23
DISTRIBUTED for Conference of 1/8/2021.
2020-12-09
Brief of respondents Yolany Padilla, et al. in opposition filed.
2020-11-06
Motion to extend the time to file a response is granted in part; the time is extended to and including December 9, 2020.
2020-11-05
Motion to extend the time to file a response from November 23, 2020 to December 23, 2020, submitted to The Clerk.
2020-09-08
Motion to extend the time to file a response is granted and the time is extended to and including November 23, 2020.
2020-09-04
Motion to extend the time to file a response from September 28, 2020 to November 23, 2020, submitted to The Clerk.
2020-08-24
Petition for a writ of certiorari filed. (Response due September 28, 2020)

Attorneys

Immigration and Customs Enforcement, et al.
Jeffrey B. WallActing Solicitor General, Petitioner
Jeffrey B. WallActing Solicitor General, Petitioner
Yolany Padilla, et al.
Matthew Hyrum AdamsNorthwest Immigrant Rights Project, Respondent
Matthew Hyrum AdamsNorthwest Immigrant Rights Project, Respondent