Editor's Note :

Editor's Note :

We expect orders from the February 24 conference on Monday at 9:30 a.m. There is a possibility of opinions on Wednesday, March 1.

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Hernández v. Mesa

Docket No. Op. Below Argument Opinion Vote Author Term
15-118 5th Cir. Feb 21, 2017
Tr.Aud.
TBD TBD TBD OT 2016

Issues: (1) Whether a formalist or functionalist analysis governs the extraterritorial application of the Fourth Amendment’s prohibition on unjustified deadly force, as applied to a cross-border shooting of an unarmed Mexican citizen in an enclosed area controlled by the United States; (2) whether qualified immunity may be granted or denied based on facts – such as the victim’s legal status – unknown to the officer at the time of the incident; and (3) whether the claim in this case may be asserted under Bivens v. Six Unknown Federal Narcotics Agents. CVSG: 03/01/2016.

SCOTUSblog Coverage

DateProceedings and Orders
Jul 23 2015Petition for a writ of certiorari filed. (Response due August 26, 2015)
Aug 25 2015Order extending time to file response to petition to and including September 25, 2015.
Aug 26 2015Waiver of right of respondents Federal Respondents to respond filed.
Aug 26 2015Brief amicus curiae of Government of the United Mexican States filed.
Aug 26 2015Brief amici curiae of Amnesty International USA, et al. filed.
Aug 26 2015Brief amici curiae of Paso del Norte Civil Rights Project, et al. filed.
Aug 26 2015Brief amicus curiae of Dean Erwin Chemerinsky filed.
Sep 25 2015Brief of respondent Jesus Mesa, Jr. in opposition filed.
Oct 14 2015DISTRIBUTED for Conference of October 30, 2015.
Oct 15 2015Reply of petitioners Jesus C. Hernandez, et al. filed. (Distributed)
Nov 2 2015DISTRIBUTED for Conference of November 6, 2015.
Nov 9 2015DISTRIBUTED for Conference of November 13, 2015.
Nov 16 2015DISTRIBUTED for Conference of November 24, 2015.
Nov 30 2015The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Jan 17 2016CIRCULATED.
Feb 29 2016Brief of Federal Respondents in opposition filed.
Mar 16 2016DISTRIBUTED for Conference of April 1, 2016.
Mar 18 2016Supplemental brief of petitioners Jesus C. Hernandez, et al. filed. (Distributed)
Jun 6 2016DISTRIBUTED for Conference of June 9, 2016.
Jun 13 2016Rescheduled.
Sep 21 2016DISTRIBUTED for Conference of October 7, 2016.
Oct 11 2016Petition GRANTED. In addition to the questions presented by the petition the parties are directed to brief and argue the following question: Whether the claim in this case may be asserted under Bivens v. Six Unknown Fed. Narcotics Agents, 403 U. S. 388 (1971).
Nov 9 2016Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for the federal respondents.
Nov 14 2016Motion to dispense with printing the joint appendix filed by petitioner Jesus C. Hernandez, et al.
Nov 15 2016Consent to the filing of amicus curiae briefs in support of either party or of neither party from counsel for petitioners.
Nov 22 2016The time to file the joint appendix and petitioners' brief on the merits is extended to and including December 2, 2016.
Nov 22 2016The time to file respondents' briefs on the merits is extended to and including January 9, 2017.
Nov 28 2016Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Dec 1 2016Consent to the filing of amicus curiae briefs in support of either party or of neither party from counsel for respondent Jesus Mesa, Jr.
Dec 2 2016Brief of petitioners Jesus C. Hernandez, et al. filed.
Dec 8 2016Brief amici curiae of Constitutional Law Scholars filed.
Dec 9 2016Brief amicus curiae of Government of the United Mexican States filed.
Dec 9 2016Brief amicus curiae of Professor Gregory C. Sisk in support of neither party filed.
Dec 9 2016Brief amicus curiae of Constitutional Accountability Center filed.
Dec 9 2016Brief amici curiae of Professors James E. Pfander, Carlos M. Vazquez, and Anya Bernstein filed.
Dec 9 2016Brief amici curiae of The American Immigration Council, et al. filed.
Dec 9 2016Brief amici curiae of Ten Law Professors filed.
Dec 9 2016Brief amici curiae of Former Officials of U.S. Customs and Border Protection Agency filed.
Dec 9 2016Brief amici curiae of Border Scholars filed.
Dec 9 2016Brief amicus curiae of Restore the Fourth, Inc. filed.
Dec 9 2016Brief amici curiae of Legal Historians filed.
Dec 9 2016Brief amici curiae of Border Action Network, et al. filed.
Dec 9 2016Brief amici curiae of Amnesty International USA, et al. filed.
Dec 9 2016Brief amici curiae of Former Police Chiefs filed.
Dec 9 2016Brief amici curiae of Mexican Jurists, Practitioners, and Scholars filed.
Dec 9 2016Brief amici curiae of American Civil Liberties Union, et al. filed.
Dec 22 2016SET FOR ARGUMENT on Tuesday, February 21, 2017.
Dec 30 2016Record requested from the U.S.C.A. 5th Circuit.
Jan 9 2017Brief of Federal Respondents filed.
Jan 9 2017Brief of respondent Jesus Mesa, Jr. filed.
Jan 13 2017Motion for divided argument filed by Federal Respondents.
Jan 17 2017CIRCULATED.
Jan 17 2017Brief amicus curiae of APA Watch filed. (Distributed)
Jan 17 2017Brief amicus curiae of Criminal Justice Legal Foundation filed. (Distributed)
Jan 23 2017Motion for divided argument filed by Federal Respondents GRANTED.
Feb 1 2017Record received from the U.S.C.A. 5th Circuit. The record is electronic and available on PACER.
Feb 8 2017Reply of petitioners Jesus C. Hernandez, et al. filed. (Distributed)
Feb 21 2017Argued. For petitioners: Robert C. Hilliard, Corpus Christi, Tex. For respondent Jesus Mesa, Jr.: Randolph J. Ortega, El Paso, Tex. For federal respondents: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C.
 
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