OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Close This Box!

This edition of ?Petitions to watch? features cases up for consideration at the Justices? April 1 conference.  These are petitions raising issues that Tom has determined to have a reasonable chance of being granted, although we post them here without consideration of whether they present appropriate vehicles in which to decide those issues.

Title: Judulang v. Holder
Docket: 10-694
Issue(s): Whether a lawful permanent resident who was convicted by guilty plea of an offense that renders him deportable and excludable under differently phrased statutory subsections, but who did not depart and reenter the United States between his conviction and the commencement of removal proceedings, is categorically foreclosed from seeking discretionary relief from removal under former Section 212(c) of the Immigration and Nationality Act.

Certiorari stage documents:

• Opinion below (9th Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioner's reply

---

Title: Johnson v. Holder
Docket: 10-730
Issue(s): (1) Whether this Court's holding in INS v. St. Cyr (2001) concerning the non-retroactivity of Congress's 1996 repeal of Section 212(c) of the Immigration and Nationality Act is a matter of statutory interpretation that applies equally to all immigrants; and (2) whether Board of Immigration Appeals correctly applied the "statutory counterpart" rule for eligibility for § 212(c) relief.

Certiorari stage documents:

• Opinion below (7th Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioner's reply

---

Title: Awad v. Obama
Docket: 10-736
Issue(s): Do the procedural rules adopted by the court of appeals for all Guantanamo habeas proceedings provide individuals who were not engaged in armed conflict when captured with a ?meaningful opportunity? to challenge their indefinite detention?

Certiorari stage documents:

• Opinion below (D.C. Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioner's reply

---

The following petitions have been re-listed for the conference of April 1.  If any other paid petitions are re-distributed for this conference, we will add them below as soon as their re-distribution is noted on the docket.

Title: Al-Odah v. United States
Docket: 10-439
Issue(s): (1) Whether the Federal Rules of Evidence and 28 U.S.C. § 2246 limit the admissibility of hearsay in a habeas corpus case challenging indefinite imprisonment, potentially for life; (2) whether a preponderance of the evidence standard, rather than a clear and convincing evidence standard, is sufficient under the Due Process Clause of the Constitution and 28 U.S.C. § 2241 to support a ruling in favor of indefinite imprisonment, potentially for life.

Certiorari stage documents:

• Opinion below (D.C. Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioners' reply
• Amicus brief of the National Association of Criminal Defense Lawyers

---

Note: Goldstein, Howe & Russell, P.C. serves as counsel to the petitioner in the following case, which is listed without regard to its likelihood of being granted.

Title: Greene v. Fisher
Docket: 10-637
Issue(s): For purposes of adjudicating a state prisoner's petition for federal habeas relief, what is the temporal cutoff for whether a decision from this Court qualifies as ?clearly established Federal law? under 28 U.S.C. § 2254(d), as amended by the Antiterrorism and Effective Death Penalty Act of 1996?

Certiorari stage documents:

• Opinion below (3d Circuit)
• Petition for certiorari
• Amicus brief of the National Association of Criminal Defense Lawyers
• Petitioner's reply
• Brief in response

---

Title: Stovall v. Miller
Docket: 10-851
Issue(s): (1) Whether the Sixth Circuit erred in concluding that "established law" for purposes of the Antiterrorism and Effective Death Penalty Act (AEDPA) is based on the law in effect when the state conviction becomes final; and (2) even if reviewed de novo, did the Sixth Circuit err in concluding that the suicide note here was "testimonial" under principles explained in Crawford v. Washington, such that Miller was entitled to relief.

Certiorari stage documents:

• Opinion below (6th Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioner's reply

---

Title: Kiyemba v. Obama
Docket: 10-775
Issue(s): Whether a judicial officer of the United States, having jurisdiction of the habeas corpus petition of an alien transported by the executive to, and held at, an offshore prison, has any judicial power to direct the prisoner's release.

Certiorari stage documents:

• Opinion below (D.C. Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioners' reply

---