SUPREMES AGREE TO TAKE ANOTHER DETENTION CASE — This One Involves The “When Released” Issue For Mandatory Detention – Nielsen v. Preap, 9th Cir.

http://www.scotusblog.com/case-files/cases/nielsen-v-preap/

SCOTUS BLOG REPORTS

Nielsen v. Preap

Docket No. Op. Below Argument Opinion Vote Author Term
16-1363 9th Cir. TBD TBD TBD TBD OT 2018

Issue: Whether a criminal alien becomes exempt from mandatory detention under 8 U.S.C. § 1226(c) if, after the alien is released from criminal custody, the Department of Homeland Security does not take him into immigration custody immediately.

SCOTUSblog Coverage

Date Proceedings and Orders
Mar 31 2017 Application (16A944) to extend the time to file a petition for a writ of certiorari from April 11, 2017 to May 11, 2017, submitted to Justice Kennedy.
Apr 07 2017 Application (16A944) granted by Justice Kennedy extending the time to file until May 11, 2017.
May 11 2017 Petition for a writ of certiorari filed. (Response due June 12, 2017)
May 18 2017 Order extending time to file response to petition to and including July 12, 2017, for all respondents.
Jun 26 2017 Order further extending time to file response to petition to and including August 11, 2017.
Aug 08 2017 Brief of respondents Mony Preap, et al. in opposition filed.
Aug 23 2017 DISTRIBUTED for Conference of 9/25/2017.
Aug 23 2017 Reply of petitioners Elaine C. Duke, Acting Secretary of Homeland Security, et al. filed. (Distributed)
Feb 27 2018 DISTRIBUTED for Conference of 3/2/2018.
Mar 12 2018 DISTRIBUTED for Conference of 3/16/2018.
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Supremes have taken lots of immigration detention cases. The results have been all over the place, but generally more favorable to migrants than to the Government. However, in the last case, Jennings v. Rodriguez, not so much. Stay tuned.
PWS
03=20-18

 

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