Nielsen v. Preap
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 16-1363 | 9th Cir. | Oct 10, 2018 | Mar 19, 2019 | 5-4 | Alito | OT 2018 |
Holding: The judgments of the U.S. Court of Appeals for the 9th Circuit -- that respondents, who are deportable for certain specified crimes, are not subject to 8 U. S. C. "1226(c)(2)"s mandatory-detention requirement because they were not arrested by immigration officials as soon as they were released from jail -- are reversed, and the cases are remanded.
Judgment: Reversed and remanded, 5-4, in an opinion by Justice Alito on March 19, 2019. Justice Alito announced the judgment of the court and delivered the opinion of the court with respect to Parts I, III-A, III-B-1, and IV, in which Chief Justice Roberts and Justices Thomas, Gorsuch, and Kavanaugh joined, and an opinion with respect to Parts II and III-B-2, in which Chief Justice Roberts and Justice Kavanaugh joined. Justice Kavanaugh filed a concurring opinion. Justice Thomas filed an opinion concurring in part and concurring in the judgment, in which Justice Gorsuch joined. Justice Breyer filed a dissenting opinion, in which Justices Ginsburg, Sotomayor, and Kagan joined.
SCOTUSblog Coverage
- Symposium: Immigration at the Roberts Court one year after Kennedy's retirement (John Malcolm, July 25, 2019)
- Symposium: Supreme Court not ready to give president carte blanche over immigration (Cecillia Wang, July 25, 2019)
- Opinion analysis: Justices uphold broad interpretation of immigration detention provision (Jennifer Chacon, March 20, 2019)
- OT2018 #3: "Ordinary Pinch" (First Mondays, October 15, 2018)
- Argument analysis: Are there limits to the government's power to detain immigrants without a hearing? (Jennifer Chacon, October 11, 2018)
- OT2018 #2: "Alea Iacta Est" (First Mondays, October 8, 2018)
- Argument preview: Justices once again consider proper scope of immigration law's mandatory detention provision (Jennifer Chacon, October 3, 2018)
- Justices decline to weigh in on constitutionality of death penalty (Amy Howe, March 19, 2018)
- Petitions of the day (Aurora Barnes, July 12, 2017)
| Date | Proceedings and Orders |
|---|---|
| 03/31/2017 | Application (16A944) to extend the time to file a petition for a writ of certiorari from April 11, 2017 to May 11, 2017, submitted to Justice Kennedy. |
| 04/07/2017 | Application (16A944) granted by Justice Kennedy extending the time to file until May 11, 2017. |
| 05/11/2017 | Petition for a writ of certiorari filed. (Response due June 12, 2017) |
| 05/18/2017 | Order extending time to file response to petition to and including July 12, 2017, for all respondents. |
| 06/26/2017 | Order further extending time to file response to petition to and including August 11, 2017. |
| 08/08/2017 | Brief of respondents Mony Preap, et al. in opposition filed. |
| 08/23/2017 | DISTRIBUTED for Conference of 9/25/2017. |
| 08/23/2017 | Reply of petitioners Elaine C. Duke, Acting Secretary of Homeland Security, et al. filed. (Distributed) |
| 02/27/2018 | DISTRIBUTED for Conference of 3/2/2018. |
| 03/12/2018 | DISTRIBUTED for Conference of 3/16/2018. |
| 03/19/2018 | Petition GRANTED. |
| 04/10/2018 | As Rule 34.6 provides, “If the Court schedules briefing and oral argument in a case that was governed by Federal Rule of Civil Procedure 5.2(c) or Federal Rule of Criminal Procedure 49.1(c), the parties shall submit electronic versions of all prior and subsequent filings with this Court in the case, subject to [applicable] redaction rules.” Subsequent party and amicus filings in the case should now be submitted through the Court’s electronic filing system, with any necessary redactions. |
| 04/10/2018 | Motion for an extension of time to file the briefs on the merits filed. |
| 04/10/2018 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including June 1, 2018. The time to file respondents' brief on the merits is extended to and including August 6, 2018. The reply brief is to be filed pursuant to Rule 25.3. |
| 05/11/2018 | Motion to dispense with printing the joint appendix filed by petitioners Kirstjen M. Nielsen, Secretary of Homeland Security, et al. |
| 05/29/2018 | Motion to dispense with printing the joint appendix filed by petitioners GRANTED. |
| 06/01/2018 | Brief of petitioners Kirstjen M. Nielsen, Secretary of Homeland Security, et al. filed. |
| 06/08/2018 | Brief amicus curiae of U.S. Rep. Andy Biggs, et al. filed. |
| 06/08/2018 | Brief amicus curiae of Immigration Reform Law Institute filed. |
| 06/08/2018 | Brief amicus curiae of Criminal Justice Legal Foundation filed. |
| 07/09/2018 | SET FOR ARGUMENT On Wednesday, October 10, 2018 |
| 08/03/2018 | CIRCULATED |
| 08/06/2018 | Brief of respondents Mony Preap, et al. filed. (Distributed) |
| 08/07/2018 | Record requested from the U.S.C.A. 9th Circuit. |
| 08/10/2018 | Brief amicus curiae of National Immigrant Justice Center filed. (Distributed) |
| 08/13/2018 | Brief amici curiae of Administrative and Immigration Law Professors filed. (Distributed) |
| 08/13/2018 | Brief amici curiae of Constitutional and Immigration Law Professors filed. (Distributed) |
| 08/13/2018 | Brief amici curiae of Former INS and DHS General Counsels filed. (Distributed) |
| 08/13/2018 | Brief amici curiae of Members of Congress filed. (Distributed) |
| 08/13/2018 | Brief amici curiae of Advancement Project, et al. filed. (Distributed) |
| 08/30/2018 | Record from the U.S.C.A. 9th Circuit is electronic and located on PACER. |
| 08/30/2018 | Record from the U.S.D.C. California Northern District (Oakland) is electronic and located on PACER, with the exception of Restricted documents that's electronic. |
| 09/05/2018 | Reply of petitioners Kirstjen M. Nielsen, Secretary of Homeland Security, et al. filed. (Distributed) |
| 10/10/2018 | Argued. For petitioners: Zachary D. Tripp, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Cecillia D. Wang, New York, N. Y. |
| 03/19/2019 | Judgment REVERSED and case REMANDED. Alito, J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, III–A, III–B–1, and IV, in which Roberts, C. J., and Thomas, Gorsuch, and Kavanaugh, JJ., joined, and an opinion with respect to Parts II and III–B–2, in which Roberts, C. J., and Kavanaugh, J., joined. Kavanaugh, J., filed a concurring opinion. Thomas, J., filed an opinion concurring in part and concurring in the judgment, in which Gorsuch, J., joined. Breyer, J., filed a dissenting opinion, in which Ginsburg, Sotomayor, and Kagan, JJ., joined. |
| 04/22/2019 | JUDGMENT ISSUED. |