Supreme Court Schedules Three Important Immigration Cases for Argument in Early October

Written by Alexander J. Segal on

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On July 19, 2017, the Supreme Court of the United States scheduled oral arguments for the beginning of October Term 2017. The first week of the new term will see oral arguments in three important immigration cases [PDF version].

On October 2, 2017, the Supreme Court will hear reargument in Sessons v. Dimaya, No. 15-1498. The Court first heard oral arguments in Dimaya last term, which we covered here on site [see article]. However, instead of deciding the case, the Court rescheduled it for reargument [see article]. Although the Court did not provide a reason, it is possible that the eight justices on the Court at the time could not reach a decision that commanded a majority. With Justice Neil Gorsuch having joined the bench, the Court will have nine justices to consider Dimaya for the second time.

Supreme Court

One day later on October 3, 2017, the Court will hear another case for the second time, Jennings v. Rodriguez, No. 15-1204. In Jennings, the Court is considering whether aliens subject to mandatory detention under section 235(b) of the Immigration and Nationality Act (INA) are entitled to bond hearings with the possibility of release after six months in detention. The Court is also considering the issue for criminal or terrorist aliens who are subject to mandatory detention under section 236(c). Furthermore, the Court is considering what the standard would be for detaining aliens beyond six months. This case was also argued for the first time prior to Justice Gorsuch joining the Court. Accordingly, it is possible that it was rescheduled for argument because the Court being unable to reach an opinion with which five justices agreed. We have not written about this case yet, but we will post more about it as we approach reargument in October.

Finally, on October 10, 2017, the Court will hear oral argument regarding President Donald Trump's Executive Order 13780, and specifically on the portions relating to the suspension of entry of nationals of six countries [see article] and the suspension of refugee travel [see article]. The Court consolidated two appeals for oral argument, Trump v. International Refugee Assistance Project, No. 16-1436 and Trump v. Hawaii, 16-1540. To learn more about the litigation, please see our article on the Court's per curium opinion on the issue from June 26, 2017, wherein it granted certiorari and narrowed the scope of the Fourth and Ninth Circuit injunctions against provisions of the Executive Order.

We will discuss all of these cases going forward, so please continue to check the site for further updates.