Lee v. United States
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 16-327 | 6th Cir. | Mar 28, 2017 | Jun 23, 2017 | 6-2 | Roberts | OT 2016 |
Holding: Jae Lee has demonstrated that he was prejudiced by his counsel's erroneous advice that he would not be deported as a result of pleading guilty to an aggravated felony.
Judgment: Reversed and remanded, 6-2, in an opinion by Chief Justice Roberts on June 23, 2017. Justice Thomas filed a dissenting opinion, in which Justice Alito joined except as to Part I. Justice Gorsuch took no part in the consideration or decision of the case.
SCOTUSblog Coverage
- Immigration symposium: Prelude to a turning point (Charles Roth, June 29, 2017)
- Immigration symposium: Lessons for the Jennings reargument from the Supreme Court’s unanimous rejection of the government’s position in Esquivel-Quintana (Nancy Morawetz, June 28, 2017)
- Opinion analysis: Immigrant who received bad advice gets another shot at staying in the U.S. (Amy Howe, June 23, 2017)
- A "view" from the courtroom: The metes and bounds of the term (Mark Walsh, June 23, 2017)
- And then there were nine – the remaining decisions (Amy Howe, June 22, 2017)
- Argument analysis: Some skepticism, some support for immigrant facing deportation after bad legal advice (Amy Howe, March 28, 2017)
- Argument preview: Immigration, ineffective assistance and plea bargaining (Amy Howe, March 25, 2017)
- Justices grant review in four new cases (Amy Howe, December 14, 2016)
- Petition of the day (Kate Howard, November 7, 2016)
| Date | Proceedings and Orders |
|---|---|
| Sep 6 2016 | Petition for a writ of certiorari filed. (Response due October 14, 2016) |
| Oct 11 2016 | Order extending time to file response to petition to and including November 14, 2016. |
| Oct 14 2016 | Brief amicus curiae of The National Association of Criminal Defense Lawyers filed. |
| Oct 14 2016 | Brief amici curiae of Asian Americans Advancing Justice l AAJC, and Other Immigrants' Rights Groups filed. |
| Oct 14 2016 | Brief amicus curiae of Center on the Administration of Criminal Law filed. |
| Nov 9 2016 | Order further extending time to file response to petition to and including November 21, 2016. |
| Nov 10 2016 | Letter of November 3, 2016, from counsel for petitioner received waiving the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5. |
| Nov 21 2016 | DISTRIBUTED for Conference of December 9, 2016. |
| Nov 21 2016 | Brief of respondent United States in opposition filed. (Distributed) |
| Nov 23 2016 | Reply of petitioner Jae Lee filed. (Distributed) |
| Dec 14 2016 | Petition GRANTED. |
| Jan 26 2017 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including February 1, 2017. |
| Jan 26 2017 | The time to file respondent's brief on the merits is extended to and including March 6, 2017. |
| Jan 30 2017 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners. |
| Feb 1 2017 | Joint appendix filed. (Statement of costs filed) |
| Feb 1 2017 | Brief of petitioner Jae Lee filed. |
| Feb 3 2017 | SET FOR ARGUMENT on Tuesday, March 28, 2017 |
| Feb 6 2017 | Record requested from the U.S.C.A. 6th Circuit. |
| Feb 6 2017 | Brief amici curiae of Asian Americans Advancing Justice I AAJC, et al. filed. |
| Feb 7 2017 | Record received from the U.S.C.A. 6th Circuit. The record is electronic and available on PACER. One restricted document also received. |
| Feb 8 2017 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. |
| Feb 8 2017 | Brief amicus curiae of Constitutional Accountability Center filed. |
| Feb 8 2017 | Brief amicus curiae of The Cato Institute filed. |
| Feb 8 2017 | Brief amicus curiae of The American Bar Association filed. |
| Feb 8 2017 | Brief amici curiae of Immigrant Defense Project, et al. filed. |
| Feb 22 2017 | CIRCULATED. |
| Mar 6 2017 | Brief of respondent United States filed. (Distributed) |
| Mar 13 2017 | Brief amici curiae of Alabama, et al. filed. (Distributed) |
| Mar 20 2017 | Reply of petitioner Jae Lee filed. (Distributed) |
| Mar 28 2017 | Argued. For petitioner: John J. Bursch, Caledonia, Mich. For respondent: Eric J. Feigin, Assistant to the Solicitor General, Department of Justice, Washington, D. C. |
| Jun 23 2017 | Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Kennedy, Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Thomas, J., filed a dissenting opinion, in which Alito, J., joined except as to Part I. Gorsuch, J., took no part in the consideration or decision of the case. |
| Jul 25 2017 | JUDGMENT ISSUED. |
