Moncrieffe v. Holder

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
11-702	5th Cir.	Oct 10, 2012 Tr.Aud.	Apr 23, 2013	7-2	Sotomayor	OT 2012

Disclosure: Goldstein & Russell, P.C. represents the petitioner in this case.

Holding: If a noncitizen’s conviction for a marijuana distribution offense fails to establish that the offense involved either remuneration or more than a small amount of marijuana, it is not an aggravated felony under the Immigration and Nationality Act.

Judgment: Reversed and remanded, 7-2, in an opinion by Justice Sotomayor on April 23, 2013. Justice Thomas and Justice Alito filed dissenting opinions.

SCOTUSblog Coverage

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Argument recap: Catching on slowly (Lyle Denniston)
Argument preview: Do facts really matter? (Lyle Denniston)

Date	Proceedings and Orders (key to color coding)
Dec 7 2011	Petition for a writ of certiorari filed. (Response due January 9, 2012)
Jan 5 2012	Order extending time to file response to petition to and including February 8, 2012.
Feb 2 2012	Order further extending time to file response to petition to and including March 9, 2012.
Mar 9 2012	Brief of respondent Eric H. Holder, Jr., Attorney General in opposition filed.
Mar 13 2012	Reply of petitioner Adrian Moncrieffe filed. (Distributed)
Mar 14 2012	DISTRIBUTED for Conference of March 30, 2012.
Apr 2 2012	Petition GRANTED.
Apr 23 2012	The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 21, 2012.
Apr 23 2012	The time to file respondent's brief on the merits is extended to and including August 29, 2012.
Jun 8 2012	Motion to dispense with printing the joint appendix filed by petitioner Adrian Moncrieffe.
Jun 11 2012	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Jun 18 2012	Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Jun 19 2012	The time to file the joint appendix and petitioner's brief on the merits is further extended to and including June 22, 2012.
Jun 19 2012	The time to file respondent's brief on the merits is further extended to and including August 31, 2012.
Jun 19 2012	Counsel for the petitioner will file the reply brief on the merits on or before September 21, 2012.
Jun 22 2012	Brief of petitioner Adrian Moncrieffe filed.
Jun 28 2012	Brief amici curiae of Immigration Law Professors filed.
Jun 29 2012	Brief amicus curiae of Human Rights First filed.
Jun 29 2012	Brief amicus curiae of Center on the Administration of Criminal Law, New York University School of Law filed.
Jun 29 2012	Brief amici curiae of National Immigrant Justice Center, et al. filed.
Jul 23 2012	SET FOR ARGUMENT ON Wednesday, October 10, 2012
Jul 24 2012	CIRCULATED.
Aug 1 2012	Record received from U.S.C.A. for 5th Circuit. (1 envelope)
Aug 23 2012	Adminsitrative Record from Board of Immigration Appeals is electronic.
Aug 31 2012	Brief of respondent Eric H. Holder, Jr., Attorney General filed. (Distributed)
Sep 21 2012	Reply of petitioner Adrian Moncrieffe filed. (Distributed)
Oct 10 2012	Argued. For petitioner: Thomas C. Goldstein, Washington, D. C. For respondent: Pratik A. Shah, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Apr 23 2013	Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, Ginsburg, Breyer, and Kagan, JJ., joined. Thomas, J., and Alito, J., filed dissenting opinions.
May 28 2013	JUDGMENT ISSUED.
Jun 3 2013	Record returned to U.S.Court of Appeals for 5th Circuit.

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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
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Moncrieffe v. Holder

SCOTUSblog Coverage

Featured Posts

Relist Watch – John Elwood

Opinion analysis: Justices uphold arbitration exemption for transportation workers in rare victory for arbitration opponents – Ronald Mann

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Conference of January 18, 2019

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Peabody Award

Sigma Delta Chi

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