| No. 20-979 | |
| Title: | Pankajkumar S. Patel, et al., Petitioners v. Merrick B. Garland, Attorney General |
| Docketed: | January 22, 2021 |
| Lower Ct: | United States Court of Appeals for the Eleventh Circuit |
| Case Numbers: | (17-10636) |
| Decision Date: | August 19, 2020 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Jan 15 2021 | Petition for a writ of certiorari filed. (Response due February 22, 2021) |
| PetitionAppendix | |
| Jan 15 2021 | Pursuant 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 filng system. |
| Feb 11 2021 | Motion to extend the time to file a response from February 22, 2021 to March 24, 2021, submitted to The Clerk. |
| Feb 12 2021 | Motion to extend the time to file a response is granted and the time is extended to and including March 24, 2021. |
| Mar 17 2021 | Motion to extend the time to file a response from March 24, 2021 to April 23, 2021, submitted to The Clerk. |
| Mar 18 2021 | Motion to extend the time to file a response is granted and the time is further extended to and including April 23, 2021. |
| Apr 15 2021 | Motion to extend the time to file a response from April 23, 2021 to May 17, 2021, submitted to The Clerk. |
| Apr 16 2021 | Motion to extend the time to file a response is granted and the time is further extended to and including May 17, 2021. |
| May 17 2021 | Brief of respondent Merrick B. Garland, Attorney General filed. |
| Main Document | |
| May 28 2021 | Reply of petitioners Pankajkumar S. Patel, et al. filed. (Distributed) |
| Main Document | |
| Jun 01 2021 | DISTRIBUTED for Conference of 6/17/2021. |
| Jun 21 2021 | DISTRIBUTED for Conference of 6/24/2021. |
| Jun 28 2021 | Petition GRANTED limited to Question 1 presented by the petition. |
| Jun 28 2021 | As 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 29 2021 | Taylor A.R. Meehan, Esquire, of Chicago, Illinois, is invited to brief and argue this case, as amicus curiae, in support of the judgment below. |
| Jul 13 2021 | Motion to dispense with printing the joint appendix filed by petitioners Pankajkumar S. Patel, et al. |
| Main Document | |
| Jul 20 2021 | Motion for an extension of time to file the briefs on the merits filed. |
| Main Document | |
| Jul 28 2021 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and the petitioners' brief on the merits is extended to and including August 31, 2021. The time to file the brief of the Court-appointed amicus curiae in support of the judgment below is extended to and including October 19, 2021. |
| Aug 23 2021 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| Aug 31 2021 | Brief of petitioners Pankajkumar S. Patel, et al. filed. |
| Main DocumentCertificate of Word CountProof of ServiceProof of Service | |
| Aug 31 2021 | Brief of respondent Merrick B. Garland, Attorney General in support filed. |
| Main DocumentCertificate of Word Count | |
| Sep 03 2021 | Brief amicus curiae of American Immigration Lawyers Association filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 07 2021 | Brief amici curiae of Law Professors filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 07 2021 | Brief amici curiae of Former Executive Office for Immigration Review Judges filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 07 2021 | Brief amici curiae of National Immigration Litigation Alliance filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Sep 07 2021 | Brief amici curiae of The American Immigration Council, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 20 2021 | SET FOR ARGUMENT on Monday, December 6, 2021. |
| Sep 27 2021 | Record requested from the U.S.C.A. 11th Circuit. |
| Sep 28 2021 | The record from the U.S.C.A. 11th Circuit is electronic and located on Pacer, also the record has been received and has been electronically filed. |
| Oct 19 2021 | Brief of Court-appointed amicus curiae in support of the judgment below filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 26 2021 | Motion for divided argument filed by respondent Merrick B. Garland, Attorney General. |
| Proof of ServiceMain Document | |
| Oct 29 2021 | CIRCULATED |
| Nov 08 2021 | Motion for divided argument filed by respondent GRANTED. |
| Nov 15 2021 | Record received from the 11th Circuit. The record is Sealed and filed electronically. |
| Nov 18 2021 | Reply of respondent Merrick B. Garland, Attorney General filed. (Distributed) |
| Main DocumentCertificate of Word Count | |
| Nov 18 2021 | Reply of petitioners Pankajkumar S. Patel, et al. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 06 2021 | Argued. For petitioners: Mark C. Fleming, Boston, Mass. For respondent in support: Austin L. Raynor, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For Court-appointed amicus curiae in support of the judgment below: Taylor A.R. Meehan, Chicago, Ill. |
| May 16 2022 | Adjudged to be AFFIRMED. Barrett, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, and Kavanaugh, JJ., joined. Gorsuch, J., filed a dissenting opinion, in which Breyer, Sotomayor, and Kagan, JJ., joined. |
| Jun 17 2022 | JUDGMENT ISSUED |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioners | ||
| Ira Jay Kurzban Counsel of Record | Kurzban, Kurzban, et al. 131 Madeira Avenue Coral Gables, FL 33134 ira@kktplaw.com | 3054440060 |
| Party name: Pankajkumar S. Patel, et al. | ||
| Mark Christopher Fleming | WilmerHale 60 State Street Boston, MA 02109 mark.fleming@wilmerhale.com | 6175266000 |
| Party name: Pankajkumar S. Patel, et al. | ||
| Attorneys for Respondent | ||
| Taylor Ann Rausch Meehan Counsel of Record | Consovoy McCarthy PLLC 1600 Wilson Blvd. Suite 700 Arlington, VA 22209 taylor@consovoymccarthy.com | 703-243-9423 |
| Party name: Court-appointed amicus curiae in support of the judgment below | ||
| Elizabeth B. Prelogar Counsel of Record | Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SupremeCtBriefs@USDOJ.gov | 202-514-2217 |
| Party name: Merrick B. Garland, Attorney General | ||
| Elizabeth B. Prelogar Counsel of Record | Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SupremeCtBriefs@USDOJ.gov | 202-514-2217 |
| Party name: Wilkinson, Acting Att'y Gen. | ||
| Other | ||
| Kathleen Roberta Hartnett Counsel of Record | Cooley LLP 3 Embarcadero Center 20th Floor San Francisco, CA 94111 khartnett@cooley.com | (415) 693-2000 |
| Party name: The American Immigration Council, et al. | ||
| Holly Lee Henderson-Fisher Counsel of Record | Skadden, Arps, Slate, Meagher & Flom LLP One Manhattan West New York, NY 10001-8602 holly.henderson@skadden.com | 212-735-3073 |
| Party name: Law Professors | ||
| Mary Anne Kenney Counsel of Record | National Immigration Litigation Alliance 10 Griggs Terrace Brookline, MA 02446 mary@immigrationlitigation.org | 6178194681 |
| Party name: National Immigration Litigation Alliance | ||
| Romy Louise Lerner | UM Law Immigration Clinic 1311 Miller Drive, E-273 Coral Gables, FL 33146 rlerner@law.miami.edu | 3052845448 |
| Party name: American Immigration Lawyers Association | ||
| Richard W. Mark Counsel of Record | Gibson, Dunn & Crutcher LLP 200 Park Avenue New York, NY 10166 RMark@gibsondunn.com | (212) 351-4000 |
| Party name: Former Executive Office for Immigration Review Judges | ||
| Rebecca A. Sharpless Counsel of Record | Immigration Clinic University of Miami School of Law 1311 Miller Drive, E273 Miami, FL 33146 rsharpless@law.miami.edu | 3057985604 |
| Party name: American Immigration Lawyers Association | ||