Hernandez v. Sessions
Petition for certiorari denied on May 22, 2017
Issue: (1) Whether the U.S. Court of Appeals for the 9th Circuit erred in holding that the causation of bodily injury necessarily establishes that an offense is a "crime of violence" within the meaning of 18 U.S.C. § 16(a), even if the offense does not have as an element the use, attempted use or threatened use of any force; and (2) whether the 9th Circuit erred in holding that the California offense of criminal threats, California Penal Code " 422(a) " which requires a threat of bodily injury but not the use, attempted use or threatened use of any force " is a "crime of violence" within the meaning of 18 U.S.C. § 16(a).
SCOTUSblog Coverage
- Petition of the day (Kate Howard, March 16, 2017)
| Date | Proceedings and Orders |
|---|---|
| 01/05/2017 | Petition for a writ of certiorari filed. (Response due February 6, 2017) |
| 02/02/2017 | Order extending time to file response to petition to and including March 8, 2017. |
| 02/23/2017 | Order further extending time to file response to petition to and including April 12, 2017. |
| 04/12/2017 | Brief of respondent Jefferson B. Sessions, III, Attorney General in opposition filed. |
| 05/01/2017 | Reply of petitioner Javier Arellano Hernandez filed. (Distributed) |
| 05/02/2017 | DISTRIBUTED for Conference of May 18, 2017. |
| 05/22/2017 | Petition DENIED. |