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Decided

Judulang v. Holder

Docket No.10-694
Op. Below9th Circuit
ArgumentOct 12, 2011

Holding

The policy used by the Board of Immigration Appeals to determine whether a resident alien is eligible to ask the Attorney General for relief from deportation under a provision of the immigration laws that has been repealed is "arbitrary and capricious" under the Administrative Procedure Act, 5 U.S.C. § 706(2)(A).

Judgment

Reversed and remanded, 9-0, in an opinion by Elena Kagan on Dec 12, 1911.

Proceedings & orders timeline

Nov 24, 2010
Petition for a writ of certiorari filed. (Response due December 29, 2010)
Dec 21, 2010
Order extending time to file response to petition to and including January 28, 2011.
Jan 25, 2011
Order further extending time to file response to petition to and including February 28, 2011.
Feb 28, 2011
Brief of respondent Eric H. Holder, Jr., Attorney General in opposition filed.
Mar 15, 2011
Reply of petitioner Joel Judulang filed.
Mar 16, 2011
DISTRIBUTED for Conference of April 1, 2011.
Apr 11, 2011
DISTRIBUTED for Conference of April 15, 2011.
Apr 18, 2011
Petition GRANTED.
May 4, 2011
Motion to dispense with printing the joint appendix filed by petitioner Joel Judulang.
May 16, 2011
The time to file the joint appendix and petitioner's brief on the merits to and including July 5, 2011.
May 16, 2011
The time to file respondent's brief on the merits is extended to and including August 26, 2011.
May 31, 2011
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Jul 5, 2011
Brief of petitioner Joel Judulang filed.
Jul 12, 2011
Brief amici curiae of National Immigrant Justice Center, et al. filed.
Jul 12, 2011
Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.
Jul 12, 2011
Brief amici curiae of Former Immigration Officials filed.
Jul 12, 2011
Brief amici curiae of Catholic Legal Immigration Network, Inc. and World Relief filed.
Jul 12, 2011
Brief amici curiae of 39 Immigration Law Professors filed.
Jul 19, 2011
SET FOR ARGUMENT ON Wednesday, October 12, 2011.
Aug 2, 2011
CIRCULATED.
Aug 15, 2011
Record received from U.S.C.A. for the 9th Circuit. (1 envelope) This record also includes the administrative record from the U.S. Department of Justice.
Aug 26, 2011
Brief of respondent Eric H. Holder, Jr., Attorney General filed. (Distributed)
Sep 23, 2011
Reply of petitioner Joel Judulang filed. (Distributed)
Oct 12, 2011
Argued. For petitioner: Mark C. Fleming, Boston, Mass. For respondent: Curtis E. Gannon, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Dec 12, 2011
Judgment REVERSED and case REMANDED. Kagan, J., delivered the opinion for a unanimous Court.
Jan 13, 2012
JUDGMENT ISSUED.

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