|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|11-702||5th Cir.||Oct 10, 2012||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.
|Date||Proceedings and Orders |
|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.|
Just in: New COVID procedures (including PCR tests) for lawyers in advance of the Supreme Court's return to in-person arguments next week.
With less than a week to go b/4 #SCOTUS returns to the courtroom, the Court has posted COVID-19 protocols for lawyers arguing this fall, including a new pre-argument tradition: COVID testing. Full document is here: https://www.supremecourt.gov/announcements/Fall_2021_argument_COVID_protocols.pdf
New at SCOTUS: Rick Allen Rhoades, who is set to be executed tomorrow evening in Texas, asks the justices for an emergency stay. Rhoades argues that he has been denied access to trial records that would help him investigate whether the jury selection was tainted by racial bias.
One week from today, the court will begin its new term and the justices will return to the courtroom for the first time since the pandemic hit. Time to dust off those robes and get ready for the first day. Here's our new banner, "back to school" edition, from @Courtartist.
The justices are meeting privately today for their "long conference." Thousands of cert petitions have rolled in over the summer, and the justices use today's conference to discuss which ones they should take up. Here are all the petitions we're watching:
Supreme Court Petitions - ScotusBlog
Comprehensive list of U.S. Supreme Court Petitions including issues, docket, opinions, proceedings, orders, and more.
FWOTSC. You figure that one out.*
h/t to @marinklevy for the story and the always-entertaining threads.
#SCOTUS announces that it will hold a formal, although "purely ceremonial," investiture ceremony for Justice Amy Coney Barrett next Friday. Attendance at the ceremony is by invitation only, & press coverage will be pooled. Full announcement is here: https://www.supremecourt.gov/publicinfo/press/pressreleases/pr_09-24-21