| No. 19-1212 | |
| Title: | Alejandro N. Mayorkas, Secretary of Homeland Security, et al., Petitioners v. Innovation Law Lab, et al. |
| Docketed: | April 14, 2020 |
| Linked with 19A960 | |
| Lower Ct: | United States Court of Appeals for the Ninth Circuit |
| Case Numbers: | (19-15716) |
| Decision Date: | February 28, 2020 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Mar 06 2020 | Application (19A960) for a stay pending the filing and disposition of a petition for a writ of certiorari, submitted to Justice Kagan. |
| Main DocumentLower Court Orders/OpinionsProof of Service | |
| Mar 06 2020 | Response to application (19A960) requested by Justice Kagan, due Monday, March 9, by 4 p.m. ET. |
| Mar 09 2020 | Response to application from respondents Innovation Law Lab, et al. filed. |
| Main DocumentProof of Service | |
| Mar 09 2020 | Motion for leave to file amicus brief and motion for leave to file brief in compliance with Rule 33.2 filed by Immigration Reform Law Institute. |
| Main Document | |
| Mar 10 2020 | Reply of applicants Chad Wolf, Acting Secretary of Homeland Security, et al. filed. |
| Proof of ServiceReply | |
| Mar 11 2020 | Application (19A960) referred to the Court. |
| Mar 11 2020 | Application (19A960) granted by the Court. The application for stay presented to Justice Kagan and by her referred to the Court is granted, and the district court’s April 8, 2019 order granting a preliminary injunction is stayed pending the timely filing and disposition of a petition for a writ of certiorari. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court. Justice Sotomayor would deny the application. |
| Apr 10 2020 | Petition for a writ of certiorari filed. (Response due May 14, 2020) |
| PetitionProof of Service | |
| Apr 22 2020 | Application of Innovation Law Lab, et al. for a further extension of time not accepted for filing. (April 23, 2020 - Corrected response extension request to be filed) |
| Apr 23 2020 | Motion to extend the time to file a response from May 14, 2020 to June 13, 2020, submitted to The Clerk. |
| Main Document | |
| Apr 24 2020 | Motion to extend the time to file a response is granted and the time is extended to and including June 15, 2020. See Rule 30.1. |
| May 07 2020 | Motion to extend the time to file a response from June 15, 2020 to July 15, 2020, submitted to The Clerk. |
| Main Document | |
| May 07 2020 | Motion to extend the time to file a response is granted and the time is further extended to and including July 15, 2020. |
| Jul 15 2020 | Brief of respondents Innovation Law Lab, et al. in opposition filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 29 2020 | DISTRIBUTED for Conference of 9/29/2020. |
| Jul 29 2020 | Reply of petitioners Chad Wolf, Acting Secretary of Homeland Security, et al. filed. (Distributed) |
| Main DocumentProof of Service | |
| Oct 05 2020 | DISTRIBUTED for Conference of 10/9/2020. |
| Oct 13 2020 | DISTRIBUTED for Conference of 10/16/2020. |
| Oct 19 2020 | Petition GRANTED. |
| Nov 23 2020 | Motion for an extension of time to file the briefs on the merits filed. |
| Main Document | |
| Nov 24 2020 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including December 8, 2020. The time to file respondents' brief on the merits is extended to and including January 13, 2021. |
| Dec 08 2020 | Joint appendix (two volumes) filed. (Statement of costs filed 5/12/21). |
| Main DocumentMain DocumentProof of Service | |
| Dec 08 2020 | Brief of petitioners Chad Wolf, Acting Secretary of Homeland Security, et al. filed. |
| Main DocumentProof of Service | |
| Dec 31 2020 | SET FOR ARGUMENT on Monday, March 1, 2021. |
| Jan 05 2021 | Motion for a further extension of time to file respondents' brief on the merits filed. |
| Main Document | |
| Jan 07 2021 | Motion to extend the time to file respondents' brief on the merits is granted and the time is extended to and including January 15, 2021. |
| Jan 15 2021 | Brief of respondents Innovation Law Lab, et al. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 20 2021 | Brief amici curiae of Professors of Civil Procedure and Federal Courts filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 21 2021 | Brief amicus curiae of American Bar Association filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 22 2021 | CIRCULATED |
| Jan 22 2021 | Brief amici curiae of Nongovernmental Organizations and Law School Clinics filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 22 2021 | Brief amicus curiae of Mila Sohoni filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 22 2021 | Amicus brief of American Statistical Association not accepted for filing. (January 27, 2021 - to be reprinted and resubmitted) |
| Jan 22 2021 | Brief amicus curiae of American Statistical Association filed. (Distributed) |
| Main DocumentCertificate of Word CountCertificate of Word Count | |
| Jan 22 2021 | Brief amicus curiae of United Nations High Commissioner for Refugees filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 22 2021 | Brief amicus curiae of Constitutional Accountability Center filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 22 2021 | Brief amici curiae of Immigration and International Law Scholars filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 22 2021 | Brief amici curiae of The Laredo Project and the National Immigrant Justice Center filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 22 2021 | Brief amici curiae of Young Center for Immigrant Children’s Rights, et al., filed. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Jan 22 2021 | Brief amicus curiae of National Citizenship and Immigration Services Council 119 filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 22 2021 | Brief amici curiae of United States Conference of Catholic Bishops, Catholic Legal Immigration Network, Inc., and Catholic Charities USA filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 25 2021 | Record requested from the U.S.C.A. 9th Circuit. |
| Jan 28 2021 | Record from the U.S.C.A. 9th Circuit electronic and located on Pacer. |
| Feb 01 2021 | Motion to hold further briefing in abeyance and remove the case from the February 2021 argument calendar filed by petitioners. (Distributed) |
| Proof of ServiceMain Document | |
| Feb 03 2021 | Motion to hold further briefing in abeyance and remove the case from the February 2021 argument calendar GRANTED. |
| May 18 2021 | Motion for leave to intervene filed by States of Texas, Missouri, and Arizona. (Distributed) |
| Main DocumentProof of Service | |
| Jun 01 2021 | Response to motion to intervene from respondents filed. (Distributed) |
| Main DocumentOtherProof of Service | |
| Jun 01 2021 | Response to motion to intervene from petitioners filed. (Distributed) |
| Proof of ServiceMain Document | |
| Jun 01 2021 | Suggestion of mootness and motion to vacate the judgment of the court of appeals filed by petitioners. (Distributed) |
| Proof of ServiceMain Document | |
| Jun 11 2021 | Response to motion to vacate from respondents filed. |
| Main DocumentProof of ServiceOther | |
| Jun 15 2021 | Reply of petitioners on motion to vacate filed. |
| Main DocumentCertificate of Word Count | |
| Jun 16 2021 | Reply of States of Texas, Missouri, and Arizona on motion to intervene filed. |
| Main DocumentProof of Service | |
| Jun 18 2021 | Supplemental reply of petitioners on motion to vacated filed. |
| Main Document | |
| Jun 21 2021 | Motion for leave to intervene filed by States of Texas, Missouri, and Arizona dismissed as moot. |
| Jun 21 2021 | The motion to vacate the judgment is granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Ninth Circuit with instructions to direct the District Court to vacate as moot the April 8, 2019 order granting a preliminary injunction. See United States v. Munsingwear, Inc., 340 U. S. 36 (1950). |
| Jul 23 2021 | JUDGMENT ISSUED. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioners | ||
| Elizabeth B. Prelogar Counsel of Record | Acting Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SupremeCtBriefs@USDOJ.gov | 202-514-2217 |
| Party name: Alejandro N. Mayorkas, Secretary of Homeland Security, et al. | ||
| Attorneys for Respondents | ||
| Judy Rabinovitz Counsel of Record | American Civil Liberties Union 125 Broad Street 18th Floor New York, NY 10004 JRabinovitz@aclu.org | (212) 549-2618 |
| Party name: Innovation Law Lab, et al. | ||
| Other | ||
| Judd Edward Stone II Counsel of Record | Texas Attorney General's Office P.O. Box 12548 (MC 059) Austin, TX 78711-2548 judd.stone@oag.texas.gov | 512-936-1700 |
| Party name: States of Texas, Missouri, and Arizona | ||
| Steven Edwards Art Counsel of Record | Loevy & Loevy 311 N. Aberdeen St., 3rd Fl. Chicago, IL 60607 steve@loevy.com | 312-243-5900 |
| Party name: Professors of Civil Procedure and Federal Courts | ||
| Linda Dakin-Grimm Counsel of Record | Milbank LLP 2029 Century Park East, 33rd Floor Los Angeles, CA 90067 LDakin-Grimm@milbank.com | (424) 386-4000 |
| Party name: Young Center for Immigrant Children’s Rights, et al., | ||
| Christopher Egleson Counsel of Record | Sidley Austin LLP 555 West Fifth Street Los Angeles, CA 90013 cegleson@sidley.com | (213) 896-6108 |
| Party name: Mila Sohoni | ||
| Muhammad Usman Faridi Counsel of Record | Patterson Belknap Webb & Tyler, LLP 1133 Avenue of the Americas New York, NY 10036 mfaridi@pbwt.com | 2123362000 |
| Party name: National Citizenship and Immigration Services Council 119 | ||
| Ilana Beth Gelfman Counsel of Record | Jones Day 100 High Street Boston, MA 02110 igelfman@jonesday.com | (617) 960-3939 |
| Party name: The Laredo Project and the National Immigrant Justice Center | ||
| Brianne Jenna Gorod Counsel of Record | Constitutional Accountability Center 1200 18th Street, NW Suite 501 Washington, DC 20036 brianne@theusconstitution.org | 202 296 6889 |
| Party name: Constitutional Accountability Center | ||
| Jeffrey T. Green Counsel of Record | Sidley Austin 1501 K Street, NW Washington, DC 20005 jgreen@sidley.com | 202 736 8291 |
| Party name: Nongovernmental Organizations and Law School Clinics | ||
| Jason Albert Leonard Counsel of Record | Hogan Lovells US LLP 390 Madison Avenue New York, NY 10017 jason.leonard@hoganlovells.com | 2129183782 |
| Party name: American Statistical Association | ||
| Joshua Seth Lipshutz Counsel of Record | Gibson, Dunn & Crutcher LLP 1050 Connecticut Avenue, NW Washington, DC 20036 jlipshutz@gibsondunn.com | 202-955-8500 |
| Party name: United States Conference of Catholic Bishops, Catholic Legal Immigration Network, Inc., and Catholic Charities USA | ||
| Ana Cecilia Reyes Counsel of Record | Williams & Connolly LLP 725 12th Street, N.W. Washington, DC 20005 areyes@wc.com | 202-434-5000 |
| Party name: United Nations High Commissioner for Refugees | ||
| Zachary Charles Schauf Counsel of Record | Jenner & Block, LLP 1099 New York Ave., NW Washington, DC 20001 ZSchauf@jenner.com | 202-637-6379 |
| Party name: Immigration and International Law Scholars | ||
| Mary-Christine Sungaila Counsel of Record | Buchalter. A Professional Corporation 18400 Von Karman Avenue Suite 800 Irvine, CA 92612 msungaila@buchalter.com | (949) 760-1121 |
| Party name: American Bar Association | ||