Editor's Note :

Editor's Note :

On Monday, we expect orders from the June 22 Conference at 9:30 a.m. and the final opinions of the term at 10 a.m.
Our first interim Stat Pack for October Term 2016, prepared by Kedar Bhatia, is available at this link.
The Supreme Court proceedings and orders in the legal challenges to the administration’s entry ban are available at this link.

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Maslenjak v. United States

Docket No. Op. Below Argument Opinion Vote Author Term
16-309 6th Cir. Apr 26, 2017
Tr.Aud.
Jun 22, 2017 9-0 Kagan OT 2016

Holding: (1) The text of 18 U.S.C. § 1425(a) -- which prohibits "procur[ing], contrary to law, the naturalization of any person" -- makes clear that, to secure a conviction, the federal government must establish that the defendant's illegal act played a role in her acquisition of citizenship; (2) when the underlying illegality alleged in a Section 1425(a) prosecution is a false statement to government officials, a jury must decide whether the false statement so altered the naturalization process as to have influenced an award of citizenship; and (3) measured against this analysis, the jury instructions in this case were in error, and the government's assertion that any instructional error was harmless is left for resolution on remand.

Judgment: Vacated and remanded, 9-0, in an opinion by Justice Kagan on June 22, 2017. Justice Gorsuch filed an opinion concurring in part and concurring in the judgment, in which Justice Thomas joined. Justice Alito filed an opinion concurring in the judgment.

SCOTUSblog Coverage

DateProceedings and Orders
Aug 2 2016Application (16A125) to extend the time to file a petition for a writ of certiorari from August 25, 2016 to September 26, 2016, submitted to Justice Kagan.
Aug 3 2016Application (16A125) granted by Justice Kagan extending the time to file until September 26, 2016.
Sep 8 2016Petition for a writ of certiorari filed. (Response due October 11, 2016)
Oct 11 2016Order extending time to file response to petition to and including November 10, 2016.
Oct 28 2016Order further extending time to file response to petition to and including November 23, 2016.
Nov 23 2016Brief of respondent United States in opposition filed.
Dec 2 2016Reply of petitioner Divna Maslenjak filed.
Dec 7 2016DISTRIBUTED for Conference of January 6, 2017.
Jan 9 2017DISTRIBUTED for Conference of January 13, 2017.
Jan 13 2017Petition GRANTED.
Feb 9 2017Consent to the filing of amicus curiae briefs in support of either party, or of neither party, from counsel for the petitioner.
Feb 17 2017SET FOR ARGUMENT ON Wednesday, April 26, 2017
Feb 22 2017Record requested from the U.S.C.A. 6th Circuit.
Feb 23 2017Record received from the U.S.C.A. 6th Circuit. The record is electronic and available on PACER.
Feb 27 2017Joint appendix filed. (Statement of costs filed.)
Feb 27 2017Brief of petitioner Divna Maslenjak filed.
Mar 6 2017Brief amici curiae of Immigrant Defense Project, et al. filed.
Mar 6 2017Brief amici curiae of Asian Americans Advancing Justice (AAJC), et al. filed.
Mar 22 2017CIRCULATED.
Mar 29 2017Brief of respondent United States filed. (Distributed)
Apr 12 2017Reply of petitioner Divna Maslenjak filed. (Distributed)
Apr 26 2017Argued. For petitioner: Christopher Landau, Washington, D. C. For respondent: Robert A. Parker, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Jun 22 2017Judgment VACATED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Breyer, and Sotomayor, JJ., joined. Gorsuch, J., filed an opinion concurring in part and concurring in the judgment, in which Thomas, J., joined. Alito, J., filed an opinion concurring in the judgment.
 
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