SCOTUS GVRs Immigration Case In Light of Acting SG’s Letter
Today, the Court released its order list. One unusual entry caught my eye:
20-1492—ABDULLA, ABDULMALIK M. V. GARLAND, ATT’Y GEN. The petition for a writ of certiorari is granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Third Circuit for further consideration in light of the brief filed by the Acting Solicitor General for the United States on August 27, 2021.
I pulled up the docket. As usual, filings in immigration cases are not made public. So I cannot know for certain what the SG’s brief said. But I can speculate. Here is the opening paragraph of the Third Circuit’s decision:
Abdulmalik Mahyoub Mulhi Abdulla petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion for certification of late-filed appeal. After an immigration judge (“IJ”) ordered Abdulla removed from the United States, Abdulla had 30 days to appeal that order to the BIA but did not do so for 78 days. Abdulla moved the BIA to exercise its discretion to permit the late-filed appeal, citing the exceptional circumstances presented by his appeal, which raises several claims of ineffective assistance of counsel. Because we conclude that the BIA’s discret
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