Hernandez v. Sessions

Petition for certiorari denied on May 22, 2017
Docket No. Op. Below Argument Opinion Vote Author Term
16-860 9th Cir. N/A N/A N/A N/A OT 2016

Issues: (1) Whether the U.S. Court of Appeals for the 9th Circuit erred in holding that the causation of bodily injury necessarily establishes that an offense is a “crime of violence” within the meaning of 18 U.S.C. § 16(a), even if the offense does not have as an element the use, attempted use or threatened use of any force; and (2) whether the 9th Circuit erred in holding that the California offense of criminal threats, California Penal Code § 422(a) – which requires a threat of bodily injury but not the use, attempted use or threatened use of any force – is a “crime of violence” within the meaning of 18 U.S.C. § 16(a).

SCOTUSblog Coverage

DateProceedings and Orders
Jan 5 2017Petition for a writ of certiorari filed. (Response due February 6, 2017)
Feb 2 2017Order extending time to file response to petition to and including March 8, 2017.
Feb 23 2017Order further extending time to file response to petition to and including April 12, 2017.
Apr 12 2017Brief of respondent Jefferson B. Sessions, III, Attorney General in opposition filed.
May 1 2017Reply of petitioner Javier Arellano Hernandez filed. (Distributed)
May 2 2017DISTRIBUTED for Conference of May 18, 2017.
May 22 2017Petition DENIED.
 
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