Mellouli v. Lynch
Linked with:
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 13-1034 | 8th Cir. | Jan 14, 2015 | Jun 1, 2015 | 7-2 | Ginsburg | OT 2014 |
Holding: A non-citizen’s state conviction for concealing unnamed pills in his sock did not trigger removal under 8 U.S.C. § 1227(a)(2)(B)(i), which authorizes the deportation of an alien "convicted of a violation of . . . any law or regulation of a state, the United States, or a foreign country related to a controlled substance."
Judgment: Reversed, 7-2, in an opinion by Justice Ginsburg on June 1, 2015. Justice Thomas filed a dissenting opinion, in which Justice Alito joined.
SCOTUSblog Coverage
- Mellouli case may be ending (Lyle Denniston, October 6, 2015)
- Court saves Mellouli's fate for itself (Lyle Denniston, August 23, 2015)
- The "sock removal" case continues: Mellouli v. Lynch and compliance with the Court’s mandate (Kevin Johnson, August 18, 2015)
- A “view” from the Courtroom: Elonis and other June 1 decisions (Mark Walsh, June 1, 2015)
- Opinion analysis: Court rejects removal based on misdemeanor drug paraphernalia conviction (Kevin Johnson, June 1, 2015)
- Argument analysis: Mellouli v. Holder and removal for a misdemeanor drug paraphernalia (sock) conviction (Kevin Johnson, January 15, 2015)
- Argument preview: Removal for a misdemeanor “drug paraphernalia” conviction (Kevin Johnson, January 2, 2015)
| Date | Proceedings and Orders |
|---|---|
| Jan 14 2014 | Application (13A746) to extend the time to file a petition for a writ of certiorari from January 26, 2014 to February 26, 2014, submitted to Justice Alito. |
| Jan 17 2014 | Application (13A746) granted by Justice Alito extending the time to file until February 25, 2014. |
| Feb 25 2014 | Petition for a writ of certiorari filed. (Response due March 31, 2014) |
| Mar 26 2014 | Order extending time to file response to petition to and including April 30, 2014. |
| Apr 29 2014 | Order further extending time to file response to petition to and including May 14, 2014. |
| May 14 2014 | Brief of respondent Eric H. Holder, Jr., Attorney General in opposition filed. |
| May 29 2014 | Reply of petitioner Moones Mellouli filed. |
| Jun 3 2014 | DISTRIBUTED for Conference of June 19, 2014. |
| Jun 23 2014 | DISTRIBUTED for Conference of June 26, 2014. |
| Jun 30 2014 | Petition GRANTED. |
| Aug 5 2014 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 17, 2014. |
| Aug 5 2014 | The time to file respondent's brief on the merits is extended to and including November 20, 2014. |
| Sep 12 2014 | Proposal from counsel for the petitioner to lodge a one-page report from the Kansas Sentencing Commission of September 3, 2014. |
| Sep 15 2014 | Consent to the filing of amicus curiae briefs in support of either party or neither party received from counsel for the petitioner. |
| Sep 17 2014 | Joint appendix filed. (Statement of costs filed.) |
| Sep 17 2014 | Brief of petitioner Moones Mellouli filed. |
| Sep 24 2014 | Brief amicus curiae of Immigration Law Professors filed. |
| Sep 24 2014 | Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed. |
| Sep 24 2014 | Brief amici curiae of National Immigrant Justice Center, et al. filed. |
| Nov 20 2014 | Brief of respondent Eric H. Holder, Jr., Attorney General filed. |
| Nov 21 2014 | SET FOR ARGUMENT ON Wednesday, January 14, 2015 |
| Dec 2 2014 | CIRCULATED. |
| Dec 2 2014 | Record request from U.S.C.A. 8th Circuit. |
| Dec 17 2014 | Record receive from U.S.C.A. 8th Circuit. (1 Envelope) |
| Dec 22 2014 | Reply of petitioner Moones Mellouli filed. (Distributed). |
| Jan 14 2015 | Argued. For petitioner: Jon Laramore, Indianapolis, Ind. For respondent: Rachel P. Kovner, Assistant to the Solicitor General, Department of Justice, Washington, D. C. |
| Jun 1 2015 | Judgment REVERSED. Ginsburg, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, Breyer, Sotomayor, and Kagan, JJ., joined. Thomas, J., filed a dissenting opinion, in which Alito, J., joined. |
| Jul 6 2015 | JUDGMENT ISSUED. |
| Jul 21 2015 | Record from U.S.C.A. 8th Circuit has been returned. |
