Lee v. United States

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
16-327	6th Cir.	Mar 28, 2017 Tr.Aud.	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)
Immigration symposium: Lessons for the Jennings reargument from the Supreme Court’s unanimous rejection of the government’s position in Esquivel-Quintana (Nancy Morawetz)
Opinion analysis: Immigrant who received bad advice gets another shot at staying in the U.S. (Amy Howe)
A "view" from the courtroom: The metes and bounds of the term (Mark Walsh)
And then there were nine – the remaining decisions (Amy Howe)
Argument analysis: Some skepticism, some support for immigrant facing deportation after bad legal advice (Amy Howe)
Argument preview: Immigration, ineffective assistance and plea bargaining (Amy Howe)
Justices grant review in four new cases (Amy Howe)
Petition of the day (Kate Howard)

Date	Proceedings and Orders (key to color coding)
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.

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The Supreme Court released additional orders from the January 11 conference on Monday; the justices called for the views of the U.S. solicitor general in CSX Transportation Inc. v. Alabama Department of Revenue, Alabama Department of Revenue v. CSX Transportation Inc. and Toshiba Corp. v. Automotive Industries Pension Trust Fund.
On Tuesday, the justices released their opinions in New Prime Inc. v. Oliveira and Stokeling v. United States.
On Monday, the justices heard oral argument in Thacker v. Tennessee Valley Authority and Rimini Street Inc. v. Oracle USA Inc.
On Tuesday, the justices heard oral argument in Home Depot U.S.A. Inc. v. Jackson and Azar v. Allina Health Services.
On Wednesday, the justices heard oral argument in Knick v. Township of Scott and Tennessee Wine & Spirits Retailers Association v. Blair.
On Friday, the justices meet for their January 18 conference; John Elwood's Relist Watch compiles the petitions relisted for this conference.
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- Stokeling v. United States The Armed Career Criminal Act’s elements clause encompasses a robbery offense that, like Florida’s law, requires the criminal to overcome the victim’s resistance.
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- Bostock v. Clayton County, Georgia Whether discrimination against an employee because of sexual orientation constitutes prohibited employment discrimination “because of . . . sex” within the meaning of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2.
- Box v. Planned Parenthood of Indiana and Kentucky Inc. (1) Whether a state may require health-care facilities to dispose of fetal remains in the same manner as other human remains, i.e., by burial or cremation; and (2) whether a state may prohibit abortions motivated solely by the race, sex or disability of the fetus and require abortion doctors to inform patients of the prohibition.
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  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
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  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- The American Legion v. American Humanist Association
  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
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On November 13, Justice Sonia Sotomayor, Judge Jennifer Walker Elrod of the U.S. Court of Appeals for the 5th Circuit and Judge Susan Carney of the U.S. Court of Appeals for the 2nd Circuit presided over the final round of the 2018 Ames Moot Court Competition at Harvard Law School.

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Cases argued	43
Cases decided	9
Summary reversals	2
Merits cases granted to date	73

Lee v. United States

SCOTUSblog Coverage

Featured Posts

Reargument analysis: Justices seek a “middle position” in takings litigation case – Miriam Seifter

Argument analysis: Justices have strong views about removal of class actions – Ronald Mann

Opinion analysis: Interesting 5-4 coalition holds that the ACCA reaches robberies that require force sufficient to overcome resistance (Corrected) – Rory Little

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