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Sessions v. Dimaya

Docket No. Argument Opinion Vote Author Term
15-1498 Oct 2, 2017 Apr 17, 2018 5-4 Kagan OT 2017

Holding: 18 U. S. C. "16(b), which defines "violent felony" for purposes of the Immigration and Nationality Act"s removal provisions, is unconstitutionally vague.

Judgment: Affirmed, 5-4, in an opinion by Justice Kagan on April 17, 2018. Justice Kagan delivered the opinion of the court with respect to Parts I, III, IV-B, and V, in which Justices Ginsburg, Breyer, Sotomayor, and Gorsuch joined, and an opinion with respects to Parts II and IV-A, in which Justices Ginsburg, Breyer, and Sotomayor joined. Justice Gorsuch filed an opinion concurring in part and concurring in the judgment. Chief Justice Roberts filed a dissenting opinion, in which Justices Kennedy, Thomas, and Alito joined. Justice Thomas filed a dissenting opinion, in which Justices Kennedy and Alito joined as to Parts I-C-2, II-A-1, and II-B.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
04/13/2016Application (15A1049) to extend the time to file a petition for a writ of certiorari from April 24, 2016 to May 24, 2016, submitted to Justice Kennedy.
04/24/2016Application (15A1049) granted by Justice Kennedy extending the time to file until May 24, 2016.
05/13/2016Application (15A1049) to extend further the time from May 24, 2016 to June 10, 2016, submitted to Justice Kennedy.
05/16/2016Application (15A1049) granted by Justice Kennedy extending the time to file until June 10, 2016.
06/10/2016Petition for a writ of certiorari filed. (Response due July 13, 2016)
06/24/2016Order extending time to file response to petition to and including August 12, 2016.
08/12/2016Brief of respondent James Garcia Dimaya in opposition filed.
08/31/2016DISTRIBUTED for Conference of September 26, 2016.
08/31/2016Reply of petitioner Loretta E. Lynch, Attorney General filed. (Distributed)
09/29/2016Petition GRANTED.
11/07/2016Motion to dispense with printing the joint appendix filed by petitioner Loretta E. Lynch, Attorney General.
11/14/2016Brief of petitioner Loretta E. Lynch, Attorney General filed.
11/28/2016Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
12/05/2016SET FOR ARGUMENT on Tuesday, January 17, 2017.
12/07/2016Record requested from the U.S.C.A. 9th Circuit.
12/12/2016CIRCULATED.
12/12/2016Record received from U.S.C.A. 9th Circuit is electronic.
12/14/2016Brief of respondent James Garcia Dimaya filed. (Distributed)
12/21/2016Brief amici curiae of Retired Article III Judges filed. (Distributed)
12/21/2016Brief amici curiae of National Immigration Project of the National Lawyers Guild, et al. filed. (Distributed)
12/21/2016Brief amicus curiae of The National Immigration Law Center filed. (Distributed)
12/21/2016Brief amicus curiae of The National Association of Federal Defenders filed. (Distributed)
01/10/2017Reply of petitioner Loretta E. Lynch, Attorney General filed. (Distributed)
01/17/2017Argued. For petitioner: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: E. Joshua Rosenkranz, New York, N. Y.
06/26/2017This case is restored to the calendar for reargument.
07/19/2017SET FOR REARGUMENT on Monday, October 2, 2017.
08/01/2017Record requested from the U.S.C.A. 9th Circuit.
08/03/2017Record received from the U.S.C.A. 9th Circuit is electronic.
10/02/2017Argued. For petitioner: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D.C. For respondent: E. Joshua Rosenkranz, New York, N.Y.
04/17/2018Adjudged to be AFFIRMED. Kagan, J., announced the judgment of the Court and delivered the <a href = 'https://www.supremecourt.gov/opinions/17pdf/15-1498_1b8e.pdf'>opinion</a> of the Court with respect to Parts I, III, IV-B, and V, in which Ginsburg, Breyer, Sotomayor, and Gorsuch, JJ., joined, and an opinion with respect to Parts II and IV-A, in which Ginsburg, Breyer, and Sotomayor, JJ., joined. Gorsuch, J., filed an opinion concurring in part and concurring in the judgment. Roberts, C. J., filed a dissenting opinion, in which Kennedy, Thomas, and Alito, JJ., joined. Thomas, J., filed a dissenting opinion, in which Kennedy and Alito, JJ., joined as to Parts I-C-2, II-A-1, and II-B.
05/21/2018JUDGMENT ISSUED.