The justices of the Supreme Court met on Friday, October 14, to review petitions, including our petition in Esquivel-Quintana v. Lynch. On Monday, October 17, the Court issued an order list, indicating their actions on a number of cases, including many cases in which the Court denied requests to hear the case.
Thankfully, the Court did not include our case among the list of denied cases. Although we can’t be 100 percent sure, it appears likely that our case has been “relisted,” which means that the Court will probably consider our case at the next conference, scheduled for October 28. On October 31, the Court will issue another order list.
Studies of the Court’s decisions show that for most cases that the Court decides to hear, the Court first “relists” the case, at least once. For a thoughtful review of the relisting process, please take a look at this brief article posted by Michael Kimberly, John Elwood, and Ralph Mayrell.
We will continue provide updates on this case.