Pereira v. Sessions

Docket No.
Op. Below
Argument
Apr 23, 2018
Tr.Aud.
Opinion
Vote
8-1
Author
Sotomayor
Term

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel on an amicus brief in support of the petitioner in this case.

Holding: A putative notice sent to a nonpermanent resident to appear at a removal proceeding that fails to designate a specific time or place for that proceeding does not end the continuous residence period calculation necessary for possible cancellation of the individual’s removal.

Judgment: Reversed and remanded, 8-1, in an opinion by Justice Sotomayor on June 21, 2018. Justice Kennedy filed a concurring opinion. Justice Alito filed a dissenting opinion.

SCOTUSblog Coverage

DateProceedings and Orders
Sep 27 2017Petition for a writ of certiorari filed. (Response due October 30, 2017)
Oct 25 2017Order extending time to file response to petition to and including November 29, 2017.
Oct 30 2017Brief amicus curiae of American Immigration Lawyers Association filed.
Nov 15 2017Motion to extend the time to file a response from November 29, 2017 to December 12, 2017, submitted to The Clerk.
Nov 16 2017Order further extending time to file response to petition to and including December 12, 2017.
Dec 12 2017Brief of respondent Jefferson B. Sessions, III, Attorney General in opposition filed.
Dec 13 2017Waiver of the 14-day waiting period under Rule 15.5 filed by petitioner.
Dec 19 2017Reply of petitioner Wescley Fonseca Pereira filed.
Dec 20 2017DISTRIBUTED for Conference of 1/5/2018.
Jan 08 2018DISTRIBUTED for Conference of 1/12/2018.
Jan 12 2018Petition GRANTED.
Jan 25 2018As Rule 34.6 provides, “If the Court schedules briefing and oral argument in a case that was governed by Federal Rule of Civil Procedure 5.2(c) or Federal Rule of Criminal Procedure 49.1(c), the parties shall submit electronic versions of all prior and subsequent filings with this Court in the case, subject to [applicable] redaction rules.” Subsequent party and amicus filings in the case should now be submitted through the Court’s electronic filing system, with any necessary redactions.
Feb 21 2018Brief of petitioner Wescley Fonseca Pereira filed.
Feb 21 2018Joint appendix filed. (Statement of costs filed.)
Feb 23 2018SET FOR ARGUMENT on Monday, April 23, 2018.
Feb 28 2018Brief amicus curiae of National Immigrant Justice Center filed.
Feb 28 2018Brief amici curiae of American Immigration Lawyers Association, et al. filed.
Feb 28 2018Brief amicus curiae of Former BIA Chairman & Immigration Judge Schmidt filed.
Mar 07 2018CIRCULATED
Mar 23 2018Brief of respondent Jefferson B. Sessions, III, Attorney General filed. (Distributed)
Mar 30 2018Record requested from U.S.C.A. 1st Circuit.
Apr 02 2018Record received from the U.S.C.A. 1st Circuit is electronic and located on PACER.
Apr 13 2018Reply of petitioner Wescley Fonseca Pereira filed. (Distributed)
Apr 23 2018Argued. For petitioner: David J. Zimmer, Boston, Mass. For respondent: Frederick Liu, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Jun 21 2018Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, Ginsburg, Breyer, Kagan, and Gorsuch, JJ., joined. Kennedy, J., filed a concurring opinion. Alito, J., filed a dissenting opinion.

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