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Sessions v. Dimaya

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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

DateProceedings and Orders (key to color coding)
Apr 13 2016Application (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 2016Application (15A1049) granted by Justice Kennedy extending the time to file until May 24, 2016.
May 13 2016Application (15A1049) to extend further the time from May 24, 2016 to June 10, 2016, submitted to Justice Kennedy.
May 16 2016Application (15A1049) granted by Justice Kennedy extending the time to file until June 10, 2016.
Jun 10 2016Petition for a writ of certiorari filed. (Response due July 13, 2016)
Jun 24 2016Order extending time to file response to petition to and including August 12, 2016.
Aug 12 2016Brief of respondent James Garcia Dimaya in opposition filed.
Aug 31 2016DISTRIBUTED for Conference of September 26, 2016.
Aug 31 2016Reply of petitioner Loretta E. Lynch, Attorney General filed. (Distributed)
Sep 29 2016Petition GRANTED.
Nov 07 2016Motion to dispense with printing the joint appendix filed by petitioner Loretta E. Lynch, Attorney General.
Nov 14 2016Brief of petitioner Loretta E. Lynch, Attorney General filed.
Nov 28 2016Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Dec 05 2016SET FOR ARGUMENT on Tuesday, January 17, 2017.
Dec 07 2016Record requested from the U.S.C.A. 9th Circuit.
Dec 12 2016CIRCULATED.
Dec 12 2016Record received from U.S.C.A. 9th Circuit is electronic.
Dec 14 2016Brief of respondent James Garcia Dimaya filed. (Distributed)
Dec 21 2016Brief amici curiae of Retired Article III Judges filed. (Distributed)
Dec 21 2016Brief amici curiae of National Immigration Project of the National Lawyers Guild, et al. filed. (Distributed)
Dec 21 2016Brief amicus curiae of The National Immigration Law Center filed. (Distributed)
Dec 21 2016Brief amicus curiae of The National Association of Federal Defenders filed. (Distributed)
Jan 10 2017Reply of petitioner Loretta E. Lynch, Attorney General filed. (Distributed)
Jan 17 2017Argued. 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 2017This case is restored to the calendar for reargument.
Jul 19 2017SET FOR REARGUMENT on Monday, October 2, 2017.
Aug 01 2017Record requested from the U.S.C.A. 9th Circuit.
Aug 03 2017Record received from the U.S.C.A. 9th Circuit is electronic.
Oct 02 2017Argued. 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 2018Adjudged 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 2018JUDGMENT ISSUED.