Sessions v. Dimaya
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 15-1498 | 9th Cir. | Oct 2, 2017 | Apr 17, 2018 | 5-4 | Kagan | OT 2017 |
Holding: 18 U.S.C. § 16(b), which defines "violent felony" for purposes of the Immigration and Nationality Act's removal provisions, is unconstitutionally vague.
Judgment: Affirmed, 5-4, in an opinion by Justice Kagan on April 17, 2018. Justice Kagan delivered the opinion of the court with respect to Parts I, III, IV–B, and V, in which Justices Ginsburg, Breyer, Sotomayor, and Gorsuch joined, and an opinion with respects to Parts II and IV–A, in which Justices Ginsburg, Breyer, and Sotomayor joined. Justice Gorsuch filed an opinion concurring in part and concurring in the judgment. Chief Justice Roberts filed a dissenting opinion, in which Justices Kennedy, Thomas, and Alito joined. Justice Thomas filed a dissenting opinion, in which Justices Kennedy and Alito joined as to Parts I–C–2, II–A–1, and II–B.
SCOTUSblog Coverage
- The Annual: OT2017 in Review (First Mondays, July 9, 2018)
- OT2017 #22: "Cf. Everything" (First Mondays, April 23, 2018)
- Opinion analysis: Crime-based removal provision is unconstitutionally vague (Corrected) (Kevin Johnson, April 17, 2018)
- OT2017 #2: "Who is the River Master?" (First Mondays, October 9, 2017)
- Argument analysis: Faithful to Scalia, Gorsuch may be deciding vote for immigrant (Kevin Johnson, October 3, 2017)
- OT2017 #1: "A Very Nice Office" (First Mondays, October 2, 2017)
- Argument preview: Criminal removal – Is "crime of violence" void for vagueness? (Kevin Johnson, September 25, 2017)
- Court releases October calendar (Amy Howe, July 20, 2017)
- Immigration symposium: On immigration matters, the court's watchwords are caution and deference (Richard Samp, June 29, 2017)
- Immigration symposium: The future of immigration exceptionalism (David Rubenstein, June 29, 2017)
- Immigration symposium: Immigration nuggets from October Term 2016 – What do they foreshadow? (John Eastman, June 29, 2017)
- Immigration symposium: Prelude to a turning point (Charles Roth, June 29, 2017)
- No decision in two immigration-enforcement cases (Kevin Johnson, June 26, 2017)
- A "view" from the courtroom: A day for drama on the bench (Mark Walsh, June 26, 2017)
- And then there were six – the remaining cases (Amy Howe, June 23, 2017)
- And then there were nine – the remaining decisions (Amy Howe, June 23, 2017)
- Argument analysis: Is the statutory phrase "crime of violence" in the immigration laws void for vagueness? (Kevin Johnson, January 18, 2017)
- Argument preview: The void-for-vagueness doctrine applied to the U.S. immigration laws (Kevin Johnson, January 10, 2017)
- Justices add eight new cases to docket for upcoming term (Amy Howe, September 29, 2016)
- Petitions of the day (Kate Howard, July 14, 2016)
| Date | Proceedings and Orders |
|---|---|
| 04/13/2016 | Application (15A1049) to extend the time to file a petition for a writ of certiorari from April 24, 2016 to May 24, 2016, submitted to Justice Kennedy. |
| 04/24/2016 | Application (15A1049) granted by Justice Kennedy extending the time to file until May 24, 2016. |
| 05/13/2016 | Application (15A1049) to extend further the time from May 24, 2016 to June 10, 2016, submitted to Justice Kennedy. |
| 05/16/2016 | Application (15A1049) granted by Justice Kennedy extending the time to file until June 10, 2016. |
| 06/10/2016 | Petition for a writ of certiorari filed. (Response due July 13, 2016) |
| 06/24/2016 | Order extending time to file response to petition to and including August 12, 2016. |
| 08/12/2016 | Brief of respondent James Garcia Dimaya in opposition filed. |
| 08/31/2016 | DISTRIBUTED for Conference of September 26, 2016. |
| 08/31/2016 | Reply of petitioner Loretta E. Lynch, Attorney General filed. (Distributed) |
| 09/29/2016 | Petition GRANTED. |
| 11/07/2016 | Motion to dispense with printing the joint appendix filed by petitioner Loretta E. Lynch, Attorney General. |
| 11/14/2016 | Brief of petitioner Loretta E. Lynch, Attorney General filed. |
| 11/28/2016 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| 12/05/2016 | SET FOR ARGUMENT on Tuesday, January 17, 2017. |
| 12/07/2016 | Record requested from the U.S.C.A. 9th Circuit. |
| 12/12/2016 | CIRCULATED. |
| 12/12/2016 | Record received from U.S.C.A. 9th Circuit is electronic. |
| 12/14/2016 | Brief of respondent James Garcia Dimaya filed. (Distributed) |
| 12/21/2016 | Brief amici curiae of Retired Article III Judges filed. (Distributed) |
| 12/21/2016 | Brief amici curiae of National Immigration Project of the National Lawyers Guild, et al. filed. (Distributed) |
| 12/21/2016 | Brief amicus curiae of The National Immigration Law Center filed. (Distributed) |
| 12/21/2016 | Brief amicus curiae of The National Association of Federal Defenders filed. (Distributed) |
| 01/10/2017 | Reply of petitioner Loretta E. Lynch, Attorney General filed. (Distributed) |
| 01/17/2017 | Argued. For petitioner: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: E. Joshua Rosenkranz, New York, N. Y. |
| 06/26/2017 | This case is restored to the calendar for reargument. |
| 07/19/2017 | SET FOR REARGUMENT on Monday, October 2, 2017. |
| 08/01/2017 | Record requested from the U.S.C.A. 9th Circuit. |
| 08/03/2017 | Record received from the U.S.C.A. 9th Circuit is electronic. |
| 10/02/2017 | Argued. For petitioner: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D.C. For respondent: E. Joshua Rosenkranz, New York, N.Y. |
| 04/17/2018 | Adjudged to be AFFIRMED. Kagan, J., announced the judgment of the Court and delivered the <a href = 'https://www.supremecourt.gov/opinions/17pdf/15-1498_1b8e.pdf'>opinion</a> of the Court with respect to Parts I, III, IV-B, and V, in which Ginsburg, Breyer, Sotomayor, and Gorsuch, JJ., joined, and an opinion with respect to Parts II and IV-A, in which Ginsburg, Breyer, and Sotomayor, JJ., joined. Gorsuch, J., filed an opinion concurring in part and concurring in the judgment. Roberts, C. J., filed a dissenting opinion, in which Kennedy, Thomas, and Alito, JJ., joined. Thomas, J., filed a dissenting opinion, in which Kennedy and Alito, JJ., joined as to Parts I-C-2, II-A-1, and II-B. |
| 05/21/2018 | JUDGMENT ISSUED. |