United States v. Sineneng-Smith
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 19-67 | 9th Cir. | Feb 25, 2020 | May 7, 2020 | 9-0 | Ginsburg | OT 2019 |
Holding: The U.S. Court of Appeals for the 9th Circuit panel’s drastic departure from the principle of party presentation constituted an abuse of discretion when the court reached out to decide a question never raised by the respondent, namely, whether 8 U. S. C. § 1324(a)(1)(A)(iv) is unconstitutionally overbroad.
Judgment: Vacated and remanded, 9-0, in an opinion by Justice Ginsburg on May 7, 2020. Justice Thomas filed a concurring opinion.
SCOTUSblog Coverage
- Opinion analysis: Lawyers should lawyer, judges should judge - The court remands Sineneng-Smith (Gabriel Chin, May 7, 2020)
- Live blog of opinions (Update: Completed) (Kalvis Golde, May 7, 2020)
- Argument analysis: Will a broad statute be saved by a narrowing construction? (Gabriel Chin, February 26, 2020)
- Argument preview: What does it mean to “induce” or “encourage” unlawful presence? (Gabriel Chin, February 19, 2020)
- Abortion, CFPB cases scheduled for February sitting (Amy Howe, November 26, 2019)
- Justices grant new cases for upcoming term, will tackle Louisiana abortion dispute (Amy Howe, October 4, 2019)
- Petitions of the week (Aurora Barnes, August 22, 2019)
| Date | Proceedings and Orders |
|---|---|
| Apr 29 2019 | Application (18A1117) to extend the time to file a petition for a writ of certiorari from May 13, 2019 to June 12, 2019, submitted to Justice Kagan. |
| Apr 30 2019 | Application (18A1117) granted by Justice Kagan extending the time to file until June 12, 2019. |
| May 31 2019 | Application (18A1117) to extend further the time from June 12, 2019 to July 12, 2019, submitted to Justice Kagan. |
| May 31 2019 | Application (18A1117) granted by Justice Kagan extending the time to file until July 12, 2019. |
| Jul 12 2019 | Petition for a writ of certiorari filed. (Response due August 12, 2019) |
| Jul 18 2019 | Motion to extend the time to file a response from August 12, 2019 to August 28, 2019, submitted to The Clerk. |
| Jul 19 2019 | Motion to extend the time to file a response is granted and the time is extended to and including August 28, 2019. |
| Aug 28 2019 | Brief of respondent Evelyn Sineneng-Smith in opposition filed. |
| Sep 10 2019 | Reply of petitioner United States filed. |
| Sep 11 2019 | DISTRIBUTED for Conference of 10/1/2019. |
| Oct 04 2019 | Petition GRANTED. |
| Oct 25 2019 | Motion for an extension of time to file the briefs on the merits filed. |
| Nov 15 2019 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 2, 2019. The time to file respondent's brief on the merits is extended to and including January 15, 2020. |
| Nov 26 2019 | SET FOR ARGUMENT on Tuesday, February 25, 2020. |
| Dec 02 2019 | Joint appendix filed. |
| Dec 02 2019 | Brief of petitioner United States filed. |
| Dec 09 2019 | Brief amicus curiae of Eugene Volokh in support of neither party filed. |
| Dec 09 2019 | Brief amicus curiae of Immigration Reform Law Institute filed. |
| Jan 09 2020 | Record requested from the U.S.C.A. 9th Circuit. |
| Jan 09 2020 | The record from the U.S.C.A. 9th Circuit is electronic and located on PACER. |
| Jan 14 2020 | The record from the U.S.C.A. 9th Circuit and from the U.S.D.C. California Northern District (San Jose) is electronic and located on PACER, and sealed record material from both courts received by Clerk and available electronically. |
| Jan 15 2020 | Brief of respondent Evelyn Sineneng-Smith filed. |
| Jan 20 2020 | Brief amici curiae of The Rutherford Institute, et al. filed. (Distributed) |
| Jan 21 2020 | CIRCULATED |
| Jan 22 2020 | Brief amici curiae of Immigration Representatives and Organizations filed. (Distributed) |
| Jan 22 2020 | Amicus brief of National Association of Criminal Defense Lawyers not accepted for filing. (January 28, 2020 - Corrected brief to be submitted.) |
| Jan 22 2020 | Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed. (January 28, 2020). (Distributed) |
| Jan 22 2020 | Brief amicus curiae of Amnesty International filed. (Distributed) |
| Jan 22 2020 | Brief amici curiae of Religious Organizations filed. (Distributed) |
| Jan 22 2020 | Brief amici curiae of The Electronic Frontier Foundation, et al. filed. (Distributed) |
| Jan 22 2020 | Brief amicus curiae of The Cato Institute filed. (Distributed) |
| Jan 22 2020 | Brief amici curiae of City and County of San Francisco, et al. filed. (Distributed) |
| Jan 22 2020 | Brief amici curiae of Asian Americans Advancing Justice, et al. filed. (Distributed) |
| Feb 14 2020 | Reply of petitioner United States filed. (Distributed) |
| Feb 25 2020 | Argued. For petitioner: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: Mark C. Fleming, Boston, Mass. |
| May 07 2020 | Judgment VACATED and case REMANDED. Ginsburg, J., delivered the opinion for a unanimous Court. Thomas, J., filed a concurring opinion. |
| Jun 08 2020 | JUDGMENT ISSUED. |
