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Riley v. Bondi

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Revision as of 11:58, 2 April 2025 by Ellie Mikus (contribs) (counsel edit)
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Supreme Court of the United States
Riley v. Garland
Docket number: 23-1270
Term: 2024
Court: United States Supreme Court
Important dates
Argued: March 24, 2025
Court membership
Chief Justice John Roberts • Clarence Thomas • Samuel Alito • Sonia Sotomayor • Elena Kagan • Neil Gorsuch • Brett Kavanaugh • Amy Coney Barrett • Ketanji Brown Jackson

Riley v. Garland is a case argued before the Supreme Court of the United States on March 24, 2025, during the court's October 2024-2025 term.

HIGHLIGHTS
  • The issue: The case concerned immigration law 8 U.S.C. § 1252 - Judicial review of orders of removal. Specifically, individuals seeking asylum in the United States who challenge a deportation order to a country they allege will torture or persecute them. Click here to learn more about the case's background.
  • The questions presented: "1. Whether the 30-day deadline in 8 U.S.C. 1252(b)(1) for filing a petition for review of an order of removal is jurisdictional.

    2. Whether a noncitizen satisfies the deadline in Section 1252(b)(1) by filing a petition for review challenging an agency order denying withholding of removal or protection under the Convention Against Torture within 30 days of the issuance of that order."[1]

  • The outcome: The appeal is pending adjudication before the U.S. Supreme Court.


    • The case came on a writ of certiorari to the United States Court of Appeals for the Fourth Circuit. To review the lower court's opinion, click here.

    Background

    Case summary

    The following are the parties to this case:[2]

    The following summary of the case was published by Oyez:[4]

    “ Riley entered the U.S. on a tourist visa in 1995. In 2006, he was indicted and later convicted of marijuana distribution and firearm charges, receiving a 25-year sentence. After being granted compassionate release in January 2021, immigration authorities took him into custody and ordered his removal due to his aggravated felony conviction. Though Riley expressed fear of returning to Jamaica, leading to various proceedings regarding potential persecution and torture claims, he ultimately was only eligible for deferral of removal under the Convention Against Torture (CAT). While an immigration judge initially granted this relief, the Board of Immigration Appeals reversed the decision in May 2022 and ordered Riley’s removal to Jamaica. Riley petitioned for review, and his case was temporarily held pending the resolution of Martinez v. Garland. In Martinez, the U.S. Court Appeals for the Fourth Circuit held that an order denying CAT relief is not a final order of removal for purposes of § 1252(a)(1). Relying on Martinez, the Fourth Circuit dismissed Riley’s appeal for lack of jurisdiction.[5] ”


    To learn more about this case, see the following:

    Timeline

    The following timeline details key events in this case:

    • March 24, 2025: The U.S. Supreme Court heard oral argument.
    • November 4, 2024: The U.S. Supreme Court agreed to hear the case.
    • May 31, 2024: Pierre Yassue Nashun Riley appealed to the U.S. Supreme Court.
    • April 26, 2024: The United States Court of Appeals for the Fourth Circuit The United States Court of Appeals for the Fourth Circuit concluded that because it lacked jurisdiction, it dismissed Riley’s of petition for review of an order of the Board of Immigration Appeals.

    Questions presented

    The petitioner presented the following questions to the court:[1]

    Questions presented:
    “ 1. Whether the 30-day deadline in 8 U.S.C. 1252(b)(1) for filing a petition for review of an order of removal is jurisdictional.

    2. Whether a noncitizen satisfies the deadline in Section 1252(b)(1) by filing a petition for review challenging an agency order denying withholding of removal or protection under the Convention Against Torture within 30 days of the issuance of that order.[5]

    		”

    Oral argument

    Audio

    Audio of oral argument:[6]




    Transcript

    Transcript of oral argument:[7]

    Outcome

    The case is pending adjudication before the U.S. Supreme Court.

    October term 2024-2025

    See also: Supreme Court cases, October term 2024-2025

    The Supreme Court began hearing cases for the term on October 7, 2024. The court's yearly term begins on the first Monday in October and lasts until the first Monday in October the following year. The court generally releases the majority of its decisions in mid-June.[8]


    See also

    External links

    Footnotes

    1. ↑ 1.0 1.1 [United States Court of Appeals for the Fourth Circuit ""U.S. Supreme Court"", ""23-1270 RILEY V. GARLAND"" November 4, 2024]
    2. ↑ Supreme Court of the United States, "No. 23-1270," accessed November 25, 2024
    3. ↑ Note: At the time that the Court accepted this case's writ of certiorari, legal counsel was provided by then-U.S. Solicitor General Elizabeth B. Prelogar. Prelogar stepped down from her position on January 20, 2025, following the swearing-in of President Donald Trump (R) to his second term. After taking office, Trump appointed Sarah M. Harris to serve as the acting U.S. Solicitor General until her successor is confirmed and sworn in.
    4. ↑ Oyez, "Riley v. Garland," accessed November 25, 2024
    5. ↑ 5.0 5.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
    6. ↑ Supreme Court of the United States, "Oral Argument - Audio," argued March 24, 2025
    7. ↑ Supreme Court of the United States, "Oral Argument - Transcript," argued March 24, 2025
    8. ↑ SupremeCourt.gov, "The Supreme Court at Work: The Term and Caseload," accessed January 24, 2022
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