Luna Torres v. Lynch
| 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 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
- Opinion analysis: An emerging divide over text vs. context in interpreting federal immigration law? (Steve Vladeck, May 20, 2016)
- Argument analysis: The surprising absence of canons from a debate over the meaning of ambiguous statutory text (Steve Vladeck, November 4, 2015)
- Argument preview: Can a state-law crime be "described in" a federal statute that has a unique jurisdictional element? (Steve Vladeck, October 29, 2015)
- Criminal law grants for the October Term 2015 (Rory Little, July 23, 2015)
- Petition of the day (Maureen Johnston, April 16, 2015)
| Date | Proceedings and Orders |
|---|---|
| 01/13/2015 | Application (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. |
| 01/16/2015 | Application (14A770) granted by Justice Ginsburg extending the time to file until March 9, 2015. |
| 03/09/2015 | Petition for a writ of certiorari filed. (Response due April 10, 2015) |
| 04/02/2015 | Order extending time to file response to petition to and including May 11, 2015. |
| 05/06/2015 | Order further extending time to file response to petition to and including May 18, 2015. |
| 05/18/2015 | Brief of respondent Loretta E. Lynch, Attorney General in opposition filed. |
| 05/27/2015 | Reply of petitioner Jorge Luna Torres filed. |
| 06/02/2015 | DISTRIBUTED for Conference of June 18, 2015. |
| 06/22/2015 | DISTRIBUTED for Conference of June 25, 2015. |
| 06/29/2015 | Petition GRANTED. |
| 07/09/2015 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 18, 2015. |
| 07/09/2015 | The time to file respondent's brief on the merits is extended to and including September 22, 2015. |
| 07/16/2015 | Motion to dispense with printing the joint appendix filed by petitioner Jorge Luna Torres. |
| 08/18/2015 | Brief of petitioner Jorge Luna Torres filed. |
| 08/25/2015 | Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed. |
| 08/25/2015 | Brief amici curiae of National Immigrant Justice Center, et al. filed. |
| 08/28/2015 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| 09/09/2015 | SET FOR ARGUMENT on Tuesday, November 3, 2015 |
| 09/10/2015 | Record requested from the U.S.C.A. 2nd Circuit. |
| 09/16/2015 | Record received from U.S.C.A. 2nd Circuit is electronic. |
| 09/22/2015 | Brief of respondent Loretta E. Lynch, Attorney General filed. |
| 09/29/2015 | CIRCULATED |
| 10/14/2015 | Reply of petitioner Jorge Luna Torres filed. (Distributed) |
| 11/03/2015 | Argued. 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. |
| 05/19/2016 | Adjudged 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. |
| 06/20/2016 | JUDGMENT ISSUED |