Sessions v. Dimaya

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
15-1498	9th Cir.	Oct 2, 2017 Tr.Aud.	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)
OT2017 #22: “Cf. Everything” (First Mondays)
Opinion analysis: Crime-based removal provision is unconstitutionally vague (Corrected) (Kevin Johnson)
OT2017 #2: "Who is the River Master?" (First Mondays)
Argument analysis: Faithful to Scalia, Gorsuch may be deciding vote for immigrant (Kevin Johnson)
OT2017 #1: "A Very Nice Office" (First Mondays)
Argument preview: Criminal removal – Is "crime of violence" void for vagueness? (Kevin Johnson)
Court releases October calendar (Amy Howe)
Immigration symposium: Immigration nuggets from October Term 2016 – What do they foreshadow? (John Eastman)
Immigration symposium: The future of immigration exceptionalism (David Rubenstein)
Immigration symposium: Prelude to a turning point (Charles Roth)
Immigration symposium: On immigration matters, the court’s watchwords are caution and deference (Richard Samp)
No decision in two immigration-enforcement cases (Kevin Johnson)
A "view" from the courtroom: A day for drama on the bench (Mark Walsh)
And then there were six – the remaining cases (Amy Howe)
And then there were nine – the remaining decisions (Amy Howe)
Argument analysis: Is the statutory phrase “crime of violence” in the immigration laws void for vagueness? (Kevin Johnson)
Argument preview: The void-for-vagueness doctrine applied to the U.S. immigration laws (Kevin Johnson)
Justices add eight new cases to docket for upcoming term (Amy Howe)
Petitions of the day (Kate Howard)

Date	Proceedings and Orders (key to color coding)
Apr 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.
Apr 24 2016	Application (15A1049) granted by Justice Kennedy extending the time to file until May 24, 2016.
May 13 2016	Application (15A1049) to extend further the time from May 24, 2016 to June 10, 2016, submitted to Justice Kennedy.
May 16 2016	Application (15A1049) granted by Justice Kennedy extending the time to file until June 10, 2016.
Jun 10 2016	Petition for a writ of certiorari filed. (Response due July 13, 2016)
Jun 24 2016	Order extending time to file response to petition to and including August 12, 2016.
Aug 12 2016	Brief of respondent James Garcia Dimaya in opposition filed.
Aug 31 2016	DISTRIBUTED for Conference of September 26, 2016.
Aug 31 2016	Reply of petitioner Loretta E. Lynch, Attorney General filed. (Distributed)
Sep 29 2016	Petition GRANTED.
Nov 07 2016	Motion to dispense with printing the joint appendix filed by petitioner Loretta E. Lynch, Attorney General.
Nov 14 2016	Brief of petitioner Loretta E. Lynch, Attorney General filed.
Nov 28 2016	Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Dec 05 2016	SET FOR ARGUMENT on Tuesday, January 17, 2017.
Dec 07 2016	Record requested from the U.S.C.A. 9th Circuit.
Dec 12 2016	CIRCULATED.
Dec 12 2016	Record received from U.S.C.A. 9th Circuit is electronic.
Dec 14 2016	Brief of respondent James Garcia Dimaya filed. (Distributed)
Dec 21 2016	Brief amici curiae of Retired Article III Judges filed. (Distributed)
Dec 21 2016	Brief amici curiae of National Immigration Project of the National Lawyers Guild, et al. filed. (Distributed)
Dec 21 2016	Brief amicus curiae of The National Immigration Law Center filed. (Distributed)
Dec 21 2016	Brief amicus curiae of The National Association of Federal Defenders filed. (Distributed)
Jan 10 2017	Reply of petitioner Loretta E. Lynch, Attorney General filed. (Distributed)
Jan 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.
Jun 26 2017	This case is restored to the calendar for reargument.
Jul 19 2017	SET FOR REARGUMENT on Monday, October 2, 2017.
Aug 01 2017	Record requested from the U.S.C.A. 9th Circuit.
Aug 03 2017	Record received from the U.S.C.A. 9th Circuit is electronic.
Oct 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.
Apr 17 2018	Adjudged to be AFFIRMED. Kagan, J., announced the judgment of the Court and delivered the opinion 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.
May 21 2018	JUDGMENT ISSUED.

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Sessions v. Dimaya

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Argument analysis: Court leaning toward requiring the government to prove that a felon in possession knew he was a felon – Evan Lee

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