Velazquez v. Garland

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Supreme Court of the United States
Velazquez v. Garland
Docket number: 23-929
Term: 2024
Court: United States Supreme Court
Important dates
Argued: November 12, 2024
Court membership
Chief Justice John Roberts • Clarence Thomas • Samuel Alito • Sonia Sotomayor • Elena Kagan • Neil Gorsuch • Brett Kavanaugh • Amy Coney Barrett • Ketanji Brown Jackson

Velazquez v. Garland is a case argued before the Supreme Court of the United States on November 12, 2024, during the court's October 2024-2025 term.

HIGHLIGHTS
  • The issue: The case concerns 8 U.S.C. § 1229c(d)(1)'s voluntary-departure period. Click here to learn more about the case's background.
  • The questions presented: "When a noncitizen's voluntary-departure period ends on a weekend or public holiday, is a motion to reopen filed the next business day sufficient to avoid the penalties for failure to depart?"[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 Tenth Circuit. To review the lower court's opinion, click here.

    Background

    Case summary

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

    • Petitioner: Hugo Abisai Monsalvo Velazquez
      • Legal counsel: Gerard Justin Cedrone (Goodwin Procter, LLP)
    • Respondent: Merrick B. Garland


    The following summary of the case was published by SCOTUSblog:[3]

    “ In Monsalvo Velazquez v. Garland, the court will consider a procedural question in an immigration case – specifically, when the time for a noncitizen to voluntarily leave the country ends on a weekend or holiday, whether a noncitizen who files a motion to reopen immigration proceedings can avoid penalties for failing to leave the country by filing that motion on the following business day.[4] ”


    To learn more about this case, see the following:


    Timeline

    The following timeline details key events in this case:

    • November 12, 2024: The U.S. Supreme Court heard oral argument.
    • July 2, 2024: The U.S. Supreme Court agreed to hear the case.
    • February 23, 2024: Hugo Abisai Monsalvo Velazquez appealed to the U.S. Supreme Court.
    • February 23, 2024: The United States Court of Appeals for the Tenth Circuit denied review of the Board of Immigration Appeals' dismissal of Velazquez's motion to reopen his case.

    Questions presented

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

    Questions presented:
    “ When a noncitizen's voluntary-departure period ends on a weekend or public holiday, is a motion to reopen filed the next business day sufficient to avoid the penalties for failure to depart?

    [4]

    		”

    Oral argument

    Audio

    Audio of oral argument:[5]




    Transcript

    Transcript of oral argument:[6]

    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.[7]


    See also

    External links

    Footnotes

    1. ↑ 1.0 1.1 U.S. Supreme Court, "23-929 VELAZQUEZ V. GARLAND," July 2, 2024
    2. ↑ U.S. Supreme Court, "23-929 - Velazquez v. Garland," accessed July 2, 2024
    3. ↑ SCOTUSblog, "Justices add five cases out of clean-up conference," July 2, 2024
    4. ↑ 4.0 4.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
    5. ↑ Supreme Court of the United States, "Oral Argument - Audio," argued November 12, 2024
    6. ↑ Supreme Court of the United States, "Oral Argument - Transcript," argued November 12, 2024
    7. ↑ SupremeCourt.gov, "The Supreme Court at Work: The Term and Caseload," accessed January 24, 2022
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