Riley v. Bondi, Att'y Gen. (23-1270)
argument 23-1270Riley v. Bondi, Att'y Gen.
Supreme Court of the United States
56 min
8 speakers
8 chapters
transcribed 1 month ago
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What is the central issue the Court is being asked to decide in Riley v. Bondi?
We'll hear our argument next in Case 23-1270, Riley v. Bondi. Mr. Bradley?
Mr. Chief Justice, and may it please the Court, a sensible scheme of judicial review would provide a right to review on a petition properly filed, particularly on matters of life and death where errors left uncorrected are so contrary to the fundamental policies of the United States. But it also would not have the courts routinely intrude while the agency is still doing its work. When the agency is deliberating where a non-citizen can be sent, in light of an objection duly raised in the ordinary processes, that work is ongoing. Amicus's proposal would mean that a non-citizen-like petitioner is allowed to seek a court's decision on withholding issues that the agency has barely begun to assess. The INA does not suggest that Congress intended that surprising result.
Instead, the statute is consistent with common sense. Regarding jurisdiction, Santos-Sacario already explained that Stone was not a holding on that point. The Court should adhere to what it said there. And certainly, 1252B1 does not rank as jurisdictional under the modern rubric. I welcome the Court's questions. All right. Did the petitioner seek
a
review of the removal order? We are not seeking a review of his removability. We are seeking a review of the CAT decision, Your Honor. But
the only jurisdiction we have is over the removal order.
I think that's—I would question that premise, Your Honor. A4 does also allow— Or a final order. Excuse me, a final order. The statute allows the court to conduct review within 30 days of a final order, but it also clearly says the court has jurisdiction to review a CAT order, as the court explained to Nasrallah already.
Have we ever said that you could do that independent
of the final order? No. independent in the sense, and that is exactly the problem, Your Honor. I think that the sensible approach is to wait until the agency has concluded all of its work, and then you have one petition that encompasses removability, the order of removal, and the CAT questions. Does the
CAT question then convert the final order into a broader final order? by attaching
itself to that? I think what Nasrallah teaches us, certainly, is that it does not convert the... A CAT order that denies CAT relief is not converting the final order into something else, except from the timing of it and what gets decided is affecting the finality. Because as we explained in the brief, and I believe the government agrees, where... you can be sent is something that remains to be decided. The removal order under the government's regulations has to tell you where you're going to be sent. You have an opportunity to object right then. If the process results in that where not working, then they're going to tell you where else, and then you might proceed into another. So it does not affect the removability.
So do you have, what's your best textual hook for that? I'm sorry,
for
which? For your argument that the CAT order has to be, it can expand the time limit of the final
order. So it turns on what final means, Your Honor. And the statute we submit, obviously it explains what makes something final in certain circumstances. And aside from that, it's a word that that this Court has interpreted in many contexts to mean that the agency's decision-making is full and complete on all issues, that the agency has dissociated itself from the decision-making process. That's the word final.
For one definition in the statute, at least the courts on Amicus' side argue or concede that the one issue that defines finality is when the Board concludes its work, correct? Correct.
When the board concludes its work. That is correct. And here, when the board concludes its work, as you know.
It is after the CAT, because the CAT decision can change the final order, correct? Absolutely, correct. Because it will change. The final order says you are removable. You're going to X country. And the CAT order will say, no, make it Y country. So there is change. An amendment.
There is an amendment.
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Chapters
8 chapters
1
What is the central issue the Court is being asked to decide in Riley v. Bondi?
0:00–6:40
2
How do the parties argue whether the 30‑day filing deadline is jurisdictional or merely a procedural limit?
6:40–13:00
3
Why does counsel claim that a removal order does not become final until the CAT proceeding is resolved?
13:00–19:33
4
What is the significance of the “zipper clause” and how does it affect consolidation of CAT and removal appeals?
19:33–27:25
5
How do the Justices interpret the statutory text and the presumption of judicial review in this case?
27:25–34:02
6
What are the arguments for and against using protective petitions or abeyance procedures to preserve review?
34:02–41:40
7
How might the government’s ability to remove an alien to a third country while withholding proceedings are pending create policy problems?
41:40–48:42
8
What conclusions and next steps does the Court suggest as the oral argument wraps up?
48:42–56:41