In law, certiorari is a court process to seek judicial review of a decision of a lower court or government agency. Certiorari comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. The term is Latin for "to be made certain", and comes from the opening line of such writs, which traditionally began with the Latin words "Certiorari volumus...".
Hamdi v. Rumsfeld, 542 U.S. 507 (2004), is a United States Supreme Court case in which the Court recognized the power of the U.S. government to detain enemy combatants, including U.S. citizens, but ruled that detainees who are U.S. citizens must have the rights of due process, and the ability to challenge their enemy combatant status before an impartial authority.
The Supreme Court of the United States is the highest court in the federal judiciary of the United States. The procedures of the Court are governed by the U.S. Constitution, various federal statutes, and its own internal rules. Since 1869, the Court has consisted of one chief justice and eight associate justices. Justices are nominated by the president, and with the advice and consent (confirmation) of the U.S. Senate, appointed to the Court by the president. Once appointed, justices have lifetime tenure unless they resign, retire, or are removed from office.
The Supreme Court of the United States handed down nine per curiam opinions during its 2008 term, which began on October 6, 2008 and concluded October 4, 2009.
Zadvydas v. Davis, 533 U.S. 678 (2001), was a case decided by the Supreme Court of the United States. The court ruled that the plenary power doctrine does not authorize the indefinite detention of immigrants under order of deportation whom no other country will accept. To justify detention of immigrants for a period longer than six months, the government was required to show removal in the foreseeable future or special circumstances.
Wong Wing v. United States, 163 U.S. 228 (1896), was a United States Supreme Court case in which the Court found that the Fifth and Sixth Amendments to the U.S. Constitution forbid the imprisonment at hard labor without a jury trial for noncitizens convicted of illegal entry to or presence in the United States.
Jennings v. Rodriguez, 583 U.S. ___ (2018), was a United States Supreme Court case in which the Court held that detained immigrants do not have a statutory right to periodic bond hearings.
Sessions v. Dimaya, 584 U.S. ___ (2018), was a United States Supreme Court case in which the Court held that 18 U.S.C. § 16(b), a statute defining certain "aggravated felonies" for immigration purposes, is unconstitutionally vague. The Immigration and Nationality Act (INA) classifies some categories of crimes as "aggravated felonies", and immigrants convicted of those crimes, including those legally present in the United States, are almost certain to be deported. Those categories include "crimes of violence", which are defined by the "elements clause" and the "residual clause". The Court struck down the "residual clause", which classified every felony that, "by its nature, involves a substantial risk" of "physical force against the person or property" as an aggravated felony.
Nielsen v. Preap, No. 16-1363, 586 U.S. ___ (2019), was a United States Supreme Court case related to the detention of legal immigrants with criminal histories. In a 5–4 vote, the Court ruled that the government has the power to detain immigrants at any time that have committed certain crimes that could lead to their deportation, even if those crimes occurred long in the past.
Department of Homeland Security v. Thuraissigiam, 591 U.S. ___ (2020), was a United States Supreme Court case involving whether the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, which limits habeas corpus judicial review of the decisions of immigration officers, violates the Suspension Clause of Article One of the U.S. Constitution. In the 7–2 opinion, the Court ruled that the law does not violate the Suspension Clause.
American Hospital Association v. Becerra, 596 U.S. ___ (2022), was a United States Supreme Court case relating to administrative law. The case centered on a rule from the Department of Health and Human Services which reduced reimbursement rates for certain hospitals. Several hospital associations and hospitals affected by the rule sued HHS, alleging that it exceeded its statutory authority. The court was tasked with deciding if the rule was a reasonable interpretation of the law, and if the statute blocked judicial review of the rule in the first place.
Arizona v. City and County of San Francisco, 596 U.S. ___ (2022), was a United States Supreme Court case related to the ability of states to defend federal regulations in court.
Egbert v. Boule, 596 U.S. ___ (2022), is a United States Supreme Court case related to Bivens v. Six Unknown Named Agents.
Johnson v. Guzman Chavez, 594 U.S. ___ (2021), was a United States Supreme Court case related to immigration detention.
Shinn v. Ramirez, 596 U.S. ___ (2022), was a case decided by the United States Supreme Court related to the Antiterrorism and Effective Death Penalty Act of 1996. The court held that new evidence that was not in the state court's records, based on ineffective assistance of post-conviction council, could not be used in an appeal to a federal court.
Viking River Cruises, Inc. v. Moriana, 596 U.S. ___ (2022), was a United States Supreme Court case related to the scope of the Federal Arbitration Act.
Biden v. Texas, 597 U.S. ___ (2022), was a United States Supreme Court case related to administrative law and immigration.
Cummings v. Premier Rehab Keller, P.L.L.C., 596 U.S. ___ (2022), was a United States Supreme Court case related to the Rehabilitation Act of 1973 and the Affordable Care Act.
Patel v. Garland, 596 U.S. ___ (2022), was a United States Supreme Court case related to the jurisdiction of federal courts over immigration appeals.
Garland v. Gonzalez, 596 U.S. ___ (2022), was a United States Supreme Court case related to immigration detention.
