No. 21-400
Melecia Baltazar-Sebastian v. United States
Response Waived
Experienced Counsel
Tags: article-iii-court bail-reform-act civil-detention executive-branch executive-branch-authority immigration-and-nationality-act immigration-detention separation-of-powers statutory-interpretation
Key Terms:
SocialSecurity Immigration JusticiabilityDoctri
SocialSecurity Immigration JusticiabilityDoctri
Latest Conference:
2021-10-08
Question Presented (from Petition)
1. Whether it violates the separation of powers for executive branch officials to keep a person in civil detention on the basis of factual findings that necessarily conflict with the factual findings of an Article III court.
2. Whether the BRA prohibits the United States from transferring a person into INA custody following a BRA release order except pursuant to 18 U.S.C. § 3142(d).
Question Presented (AI Summary)
Whether the executive branch can keep a person in civil detention despite an Article III court's release order
Docket Entries
2021-10-12
Petition DENIED.
2021-09-22
DISTRIBUTED for Conference of 10/8/2021.
2021-09-17
Waiver of right of respondent United States to respond filed.
2021-09-10
Petition for a writ of certiorari filed. (Response due October 14, 2021)
Attorneys
Melecia Baltazar-Sebastian
Andrew Timothy Tutt — Arnold & Porter Kaye Scholer, Petitioner
United States
Brian H. Fletcher — Acting Solicitor General, Respondent