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 19, 2017)
- Immigration symposium: Immigration nuggets from October Term 2016 – What do they foreshadow? (John Eastman, June 29, 2017)
- Immigration symposium: The future of immigration exceptionalism (David Rubenstein, June 29, 2017)
- Immigration symposium: Prelude to a turning point (Charles Roth, June 29, 2017)
- Immigration symposium: On immigration matters, the court’s watchwords are caution and deference (Richard Samp, 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 22, 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 13, 2016)
| Date | Proceedings and Orders |
|---|---|
| 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. |
