Supreme Court remands, orders reargument in several cases

Supreme Court remands, orders reargument in several cases

The US Supreme Court [official website] closed its 2016 term Monday with orders [order list, PDF] in several pending cases. The court ordered reargument in Jennings v. Rodrigues [SCOTUSblog Materials], in which the court must determine three issues concerning whether aliens seeking entry into the United States must be afforded bond hearings, especially in situations involving criminal or terrorist aliens who are subject to mandatory detention. The court also ordered reargument in Sessions v. Dimaya [SCOTUSblog Materials], where the Court will consider whether a section of the United States Code [text] defining crimes of violence, and as incorporated into the Immigration and Nationality Act [text] provisions governing an alien’s removal from the US, is unconstitutionally vague. The court also issued an unsigned opinion [opinion, PDF] in Hernández v. Mesa [SCOTUSblog Materials], the cross-border shooting case, remanding the case to the lower court to look at whether there is a Bivens v. Six Unknown Named Agents [text] issue, and what that issue would be in light of another case the court handed down last week. Bivens stands for the proposition that a plaintiff can bring a private federal case for damages against federal officials who allegedly violated plaintiff’s constitutional rights, and the court has remanded for the lower court to examine whether there is a remedy for Hernández when there are “special factors counseling hesitation in the absence of affirmative action by Congress.”