Decided
Nken v. Holder
Docket No.08-681
Judgment
Vacated and remanded, 7-2, in an opinion by John Roberts on Apr 22, 2009.
Merit briefs
Amicus briefs
- Brief for the American Immigration Lawyers Association, Catholic Legal Services, Florida Immigrant Advocacy Center, Hebrew Immigrant Aid Society, National Immigrant Justice Center, National Immigration Law Center, Public Counsel, and World Relief in Support Petitioner
- Brief for Law Professors in Support Petitioner
- Brief for the Washington Legal Foundation and Allied Educational Foundation in Support Respondent
Certiorari-Stage Documents
Nov 7, 2008Application (08A413) for stay pending appeal, submitted to The Chief Justice.
Nov 10, 2008Response to application (08A413) requested by The Chief Justice, due November 17, 2008, by 4 p.m.
Nov 17, 2008Response to application from respondent Michael B. Mukasey filed.
Nov 18, 2008Reply of applicant Jean Marc Nken filed.
Nov 24, 2008DISTRIBUTED for Conference of November 25, 2008.
Nov 24, 2008Application (08A413) referred to the Court by The Chief Justice.
Nov 25, 2008The application for stay presented to The Chief Justice and referred to the Court is granted, and it is ordered that the removal of petitioner is hereby stayed pending further order of the Court. In addition, the application for stay is treated as a petition for a writ of certiorari (08-681), and the petition for a writ of certiorari is granted limited to the following question: "Whether the decision of a court of appeals to stay an alien's removal pending consideration of the alien's petition for review is governed by the standard set forth in section 242(f)(2) of the Immigration and Nationality Act, 8 U.S.C. Sec. 1252(f)(2), or instead by the traditional test for stays and preliminary injunctive relief." The brief of the petitioner is to be filed with the Clerk and served upon opposing counsel on or before 2 p.m. Friday, December 19, 2008. The brief of the respondent is to be filed with the Clerk and served upon opposing counsel on or before 2 p.m. Wednesday, January 7, 2009. A reply brief, if any, is to be filed with the Clerk and served upon opposing counsel on or before 2 p.m. Wednesday, January 14, 2009.
Nov 25, 2008Petition for a writ of certiorari filed.
Nov 26, 2008SET FOR ARGUMENT ON Wednesday, January 21, 2009.
Dec 5, 2008Record received from the U.S.C.A. fror the 4th Circuit. (1 envelope and 1 CD)
Dec 19, 2008Joint appendix filed. Statement of costs received.
Dec 19, 2008Brief of petitioner Jean Marc Nken filed.
Dec 23, 2008Brief amici curiae of American Immigration Lawyers Association, et al. filed.
Dec 29, 2008Brief amici curiae of Law Professors filed.
Dec 31, 2008CIRCULATED.
Jan 7, 2009Brief of respondent Michael B. Mukasey, Attorney General filed. (Distributed)
Jan 8, 2009Brief amicus curiae of Washington Legal Foundation filed. (Distributed)
Jan 14, 2009Reply of petitioner Jean Marc Nken filed. (Distributed)
Jan 21, 2009Argued. For petitioner: Lindsay C. Harrison, Washington, D.C. For respondent: Edwin S. Kneedler, Acting Solicitor General, Department of Justice, Washington, D.C.
Apr 22, 2009Judgment VACATED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Stevens, Scalia, Kennedy, Souter, Ginsburg, and Breyer, JJ., joined. Kennedy, J., filed a concurring opinion, in which Scalia, J., joined. Alito, J., filed a dissenting opinion, in which Thomas, J., joined.
May 26, 2009JUDGMENT ISSUED.
Jun 16, 2009Record returned to U.S. Court of Appeals for the Fourth Circuit.
Apr 24, 2012Letter of April 24, 2012, from Deputy Solicitor General received. (Distributed)
Recommended Citation: Nken v. Holder, SCOTUSblog, https://www.scotusblog.com/cases/nken-v-holder/