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United States v. Sineneng-Smith

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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

DateProceedings and Orders (key to color coding)
Apr 29 2019Application (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 2019Application (18A1117) granted by Justice Kagan extending the time to file until June 12, 2019.
May 31 2019Application (18A1117) to extend further the time from June 12, 2019 to July 12, 2019, submitted to Justice Kagan.
May 31 2019Application (18A1117) granted by Justice Kagan extending the time to file until July 12, 2019.
Jul 12 2019Petition for a writ of certiorari filed. (Response due August 12, 2019)
Jul 18 2019Motion to extend the time to file a response from August 12, 2019 to August 28, 2019, submitted to The Clerk.
Jul 19 2019Motion to extend the time to file a response is granted and the time is extended to and including August 28, 2019.
Aug 28 2019Brief of respondent Evelyn Sineneng-Smith in opposition filed.
Sep 10 2019Reply of petitioner United States filed.
Sep 11 2019DISTRIBUTED for Conference of 10/1/2019.
Oct 04 2019Petition GRANTED.
Oct 25 2019Motion for an extension of time to file the briefs on the merits filed.
Nov 15 2019Motion 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 2019SET FOR ARGUMENT on Tuesday, February 25, 2020.
Dec 02 2019Joint appendix filed.
Dec 02 2019Brief of petitioner United States filed.
Dec 09 2019Brief amicus curiae of Eugene Volokh in support of neither party filed.
Dec 09 2019Brief amicus curiae of Immigration Reform Law Institute filed.
Jan 09 2020Record requested from the U.S.C.A. 9th Circuit.
Jan 09 2020The record from the U.S.C.A. 9th Circuit is electronic and located on PACER.
Jan 14 2020The 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 2020Brief of respondent Evelyn Sineneng-Smith filed.
Jan 20 2020Brief amici curiae of The Rutherford Institute, et al. filed. (Distributed)
Jan 21 2020CIRCULATED
Jan 22 2020Brief amici curiae of Immigration Representatives and Organizations filed. (Distributed)
Jan 22 2020Amicus brief of National Association of Criminal Defense Lawyers not accepted for filing. (January 28, 2020 - Corrected brief to be submitted.)
Jan 22 2020Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed. (January 28, 2020). (Distributed)
Jan 22 2020Brief amicus curiae of Amnesty International filed. (Distributed)
Jan 22 2020Brief amici curiae of Religious Organizations filed. (Distributed)
Jan 22 2020Brief amici curiae of The Electronic Frontier Foundation, et al. filed. (Distributed)
Jan 22 2020Brief amicus curiae of The Cato Institute filed. (Distributed)
Jan 22 2020Brief amici curiae of City and County of San Francisco, et al. filed. (Distributed)
Jan 22 2020Brief amici curiae of Asian Americans Advancing Justice, et al. filed. (Distributed)
Feb 14 2020Reply of petitioner United States filed. (Distributed)
Feb 25 2020Argued. For petitioner: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: Mark C. Fleming, Boston, Mass.
May 07 2020Judgment VACATED and case REMANDED. Ginsburg, J., delivered the opinion for a unanimous Court. Thomas, J., filed a concurring opinion.
Jun 08 2020JUDGMENT ISSUED.