Question Presented (AI Summary)
Whether an agency's determination that an immigration detainee is a 'danger to the community' is a discretionary determination barred from judicial review
Question Presented (OCR Extract)
QUESTIONS PRESENTED (1) Whether an agency’s determination that undisputed or established facts demonstrate an immigration detainee is a “danger to the community” is a discretionary determination barred from judicial review under 8 U.S.C. § 1226(e), or whether such a determination constitutes a mixed question of law and fact subject to judicial review in accordance with Guerrero-Lasprilla v. Barr, 589 U.S. ---, 140 S. Ct. 1062 (2020)? (2) Whether 8 U.S.C. § 1226(e), which bars federal courts from reviewing discretionary judgments or setting aside custody determinations made by the Attorney General under § 1226, is applicable when the district court held § 1226 unconstitutional as applied and ordered a bond hearing pursuant to the Fifth Amendment’s Due Process Clause? i
2024-04-15
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of <i>Wilkinson</i> v. <i>Garland</i>, 601 U. S. ___ (2024).
2024-04-08
DISTRIBUTED for Conference of 4/12/2024.
2024-03-25
DISTRIBUTED for Conference of 3/28/2024.
2024-01-18
DISTRIBUTED for Conference of 2/16/2024.
2024-01-03
Reply of petitioner Javier Martinez filed.
2023-12-29
Memorandum of respondents Lowell Clark, Warden, et al. filed.
2023-11-22
Motion to extend the time to file a response is granted and the time is further extended to and including December 29, 2023.
2023-11-20
Motion to extend the time to file a response from November 29, 2023 to December 29, 2023, submitted to The Clerk.
2023-10-20
Motion to extend the time to file a response is granted and the time is extended to and including November 29, 2023.
2023-10-19
Motion to extend the time to file a response from October 30, 2023 to November 29, 2023, submitted to The Clerk.
2023-09-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 30, 2023)
2023-08-17
Application (23A143) granted by Justice Kagan extending the time to file until September 27, 2023.
2023-08-15
Application (23A143) to extend the time to file a petition for a writ of certiorari from August 28, 2023 to September 27, 2023, submitted to Justice Kagan.