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Luna Torres v. Lynch

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Docket No. Op. Below Argument Opinion Vote Author Term
14-1096 2d Cir. Nov 3, 2015 May 19, 2016 5-3 Kagan OT 2015

Holding: A state offense counts as an "aggravated felony" for purposes of Section 1101(a)(43) of the Immigration and Nationality Act, which contains a long list of offenses that can render a non-citizen deportable and further specifies that an offense listed in the statute is an aggravated felony whether it is in violation of federal, state, or foreign law, when it has every element of a listed federal crime except one requiring a connection to interstate or foreign commerce.

Judgment: Affirmed, 5-3, in an opinion by Justice Kagan on May 19, 2016. Justice Sotomayor filed a dissenting opinion, in which Justices Thomas and Breyer joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jan 13 2015Application (14A770) to extend the time to file a petition for a writ of certiorari from February 5, 2015 to March 9, 2015, submitted to Justice Ginsburg.
Jan 16 2015Application (14A770) granted by Justice Ginsburg extending the time to file until March 9, 2015.
Mar 9 2015Petition for a writ of certiorari filed. (Response due April 10, 2015)
Apr 2 2015Order extending time to file response to petition to and including May 11, 2015.
May 6 2015Order further extending time to file response to petition to and including May 18, 2015.
May 18 2015Brief of respondent Loretta E. Lynch, Attorney General in opposition filed.
May 27 2015Reply of petitioner Jorge Luna Torres filed.
Jun 2 2015DISTRIBUTED for Conference of June 18, 2015.
Jun 22 2015DISTRIBUTED for Conference of June 25, 2015.
Jun 29 2015Petition GRANTED.
Jul 9 2015The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 18, 2015.
Jul 9 2015The time to file respondent's brief on the merits is extended to and including September 22, 2015.
Jul 16 2015Motion to dispense with printing the joint appendix filed by petitioner Jorge Luna Torres.
Aug 18 2015Brief of petitioner Jorge Luna Torres filed.
Aug 25 2015Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.
Aug 25 2015Brief amici curiae of National Immigrant Justice Center, et al. filed.
Aug 28 2015Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Sep 9 2015SET FOR ARGUMENT on Tuesday, November 3, 2015
Sep 10 2015Record requested from the U.S.C.A. 2nd Circuit.
Sep 16 2015Record received from U.S.C.A. 2nd Circuit is electronic.
Sep 22 2015Brief of respondent Loretta E. Lynch, Attorney General filed.
Sep 29 2015CIRCULATED
Oct 14 2015Reply of petitioner Jorge Luna Torres filed. (Distributed)
Nov 3 2015Argued. For petitioner: Matthew L. Guadagno, New York, N. Y. For respondent: Elaine J. Goldenberg, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
May 19 2016Adjudged to be AFFIRMED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, and Alito, JJ., joined. Sotomayor, J., filed a dissenting opinion, in which Thomas and Breyer, JJ., joined.
Jun 20 2016JUDGMENT ISSUED