Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- we would not expect orders granting certiorari today.

Moncrieffe v. Holder

Docket No. Op. Below Argument Opinion Vote Author Term
11-702 5th Cir. Oct 10, 2012
Tr.Aud.
Apr 23, 2013 7-2 Sotomayor OT 2012

Disclosure: Goldstein & Russell, P.C. represents the petitioner in this case.

Holding: If a noncitizen’s conviction for a marijuana distribution offense fails to establish that the offense involved either remuneration or more than a small amount of marijuana, it is not an aggravated felony under the Immigration and Nationality Act.

Judgment: Reversed and remanded, 7-2, in an opinion by Justice Sotomayor on April 23, 2013. Justice Thomas and Justice Alito filed dissenting opinions.

SCOTUSblog Coverage

DateProceedings and Orders
Dec 7 2011Petition for a writ of certiorari filed. (Response due January 9, 2012)
Jan 5 2012Order extending time to file response to petition to and including February 8, 2012.
Feb 2 2012Order further extending time to file response to petition to and including March 9, 2012.
Mar 9 2012Brief of respondent Eric H. Holder, Jr., Attorney General in opposition filed.
Mar 13 2012Reply of petitioner Adrian Moncrieffe filed. (Distributed)
Mar 14 2012DISTRIBUTED for Conference of March 30, 2012.
Apr 2 2012Petition GRANTED.
Apr 23 2012The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 21, 2012.
Apr 23 2012The time to file respondent's brief on the merits is extended to and including August 29, 2012.
Jun 8 2012Motion to dispense with printing the joint appendix filed by petitioner Adrian Moncrieffe.
Jun 11 2012Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Jun 18 2012Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Jun 19 2012The time to file the joint appendix and petitioner's brief on the merits is further extended to and including June 22, 2012.
Jun 19 2012The time to file respondent's brief on the merits is further extended to and including August 31, 2012.
Jun 19 2012Counsel for the petitioner will file the reply brief on the merits on or before September 21, 2012.
Jun 22 2012Brief of petitioner Adrian Moncrieffe filed.
Jun 28 2012Brief amici curiae of Immigration Law Professors filed.
Jun 29 2012Brief amicus curiae of Human Rights First filed.
Jun 29 2012Brief amicus curiae of Center on the Administration of Criminal Law, New York University School of Law filed.
Jun 29 2012Brief amici curiae of National Immigrant Justice Center, et al. filed.
Jul 23 2012SET FOR ARGUMENT ON Wednesday, October 10, 2012
Jul 24 2012CIRCULATED.
Aug 1 2012Record received from U.S.C.A. for 5th Circuit. (1 envelope)
Aug 23 2012Adminsitrative Record from Board of Immigration Appeals is electronic.
Aug 31 2012Brief of respondent Eric H. Holder, Jr., Attorney General filed. (Distributed)
Sep 21 2012Reply of petitioner Adrian Moncrieffe filed. (Distributed)
Oct 10 2012Argued. For petitioner: Thomas C. Goldstein, Washington, D. C. For respondent: Pratik A. Shah, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Apr 23 2013Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, Ginsburg, Breyer, and Kagan, JJ., joined. Thomas, J., and Alito, J., filed dissenting opinions.
May 28 2013JUDGMENT ISSUED.
Jun 3 2013Record returned to U.S.Court of Appeals for 5th Circuit.
 
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