Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- so we are again doubtful that certiorari will be granted in any cases today.

Velasquez-Otero v. Holder

Petition for certiorari denied on October 29, 2012
Docket No. Op. Below Argument Opinion Vote Author Term
11-1321 11th Cir. N/A N/A N/A N/A OT 2012

Issue: Whether the Board of Immigration Appeals’ unexplained addition of the social visibility requirement for asylum -- that those seeking asylum based on “membership in a particular social group” prove that their claimed groups are socially visible -- under 8 U.S.C. § 1101(a)(42)(A) is arbitrary or capricious under the Administrative Procedure Act, 5 U.S.C. § 706(2)(A), or unreasonable under Chevron U.S.A. Inc. v. Natural Res. Def. Council.

SCOTUSblog Coverage

DateProceedings and Orders
May 1 2012Petition for a writ of certiorari filed. (Response due June 4, 2012)
May 30 2012Order extending time to file response to petition to and including July 5, 2012.
Jun 4 2012Brief amicus curiae of Kids in Need of Defense filed.
Jun 28 2012Order further extending time to file response to petition to and including August 15, 2012.
Aug 15 2012Brief of respondent Eric H. Holder, Jr., Attorney General in opposition filed.
Aug 28 2012Reply of petitioner Edwin Jose Velasquez-Otero filed.
Oct 3 2012DISTRIBUTED for Conference of October 26, 2012.
Oct 29 2012Petition DENIED.
Term Snapshot