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Lee v. United States

Docket No.16-327
Op. Below6th Cir.
ArgumentMar 28, 2017

Holding

Jae Lee has demonstrated that he was prejudiced by his counsel's erroneous advice that he would not be deported as a result of pleading guilty to an aggravated felony.

Judgment

Reversed and remanded, 6-2, in an opinion by John Roberts on Jun 23, 2017. Justice Thomas filed a dissenting opinion, in which Justice Alito joined except as to Part I. Justice Gorsuch took no part in the consideration or decision of the case.

Proceedings & orders timeline

Sep 6, 2016
Petition for a writ of certiorari filed. (Response due October 14, 2016)
Oct 11, 2016
Order extending time to file response to petition to and including November 14, 2016.
Oct 14, 2016
Brief amicus curiae of The National Association of Criminal Defense Lawyers filed.
Oct 14, 2016
Brief amici curiae of Asian Americans Advancing Justice l AAJC, and Other Immigrants' Rights Groups filed.
Oct 14, 2016
Brief amicus curiae of Center on the Administration of Criminal Law filed.
Nov 9, 2016
Order further extending time to file response to petition to and including November 21, 2016.
Nov 10, 2016
Letter of November 3, 2016, from counsel for petitioner received waiving the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5.
Nov 21, 2016
DISTRIBUTED for Conference of December 9, 2016.
Nov 21, 2016
Brief of respondent United States in opposition filed. (Distributed)
Nov 23, 2016
Reply of petitioner Jae Lee filed. (Distributed)
Dec 14, 2016
Petition GRANTED.
Jan 26, 2017
The time to file the joint appendix and petitioner's brief on the merits is extended to and including February 1, 2017.
Jan 26, 2017
The time to file respondent's brief on the merits is extended to and including March 6, 2017.
Jan 30, 2017
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
Feb 1, 2017
Joint appendix filed. (Statement of costs filed)
Feb 1, 2017
Brief of petitioner Jae Lee filed.
Feb 3, 2017
SET FOR ARGUMENT on Tuesday, March 28, 2017
Feb 6, 2017
Record requested from the U.S.C.A. 6th Circuit.
Feb 6, 2017
Brief amici curiae of Asian Americans Advancing Justice I AAJC, et al. filed.
Feb 7, 2017
Record received from the U.S.C.A. 6th Circuit. The record is electronic and available on PACER. One restricted document also received.
Feb 8, 2017
Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Feb 8, 2017
Brief amicus curiae of Constitutional Accountability Center filed.
Feb 8, 2017
Brief amicus curiae of The Cato Institute filed.
Feb 8, 2017
Brief amicus curiae of The American Bar Association filed.
Feb 8, 2017
Brief amici curiae of Immigrant Defense Project, et al. filed.
Feb 22, 2017
CIRCULATED.
Mar 6, 2017
Brief of respondent United States filed. (Distributed)
Mar 13, 2017
Brief amici curiae of Alabama, et al. filed. (Distributed)
Mar 20, 2017
Reply of petitioner Jae Lee filed. (Distributed)
Mar 28, 2017
Argued. For petitioner: John J. Bursch, Caledonia, Mich. For respondent: Eric J. Feigin, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Jun 23, 2017
Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Kennedy, Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Thomas, J., filed a dissenting opinion, in which Alito, J., joined except as to Part I. Gorsuch, J., took no part in the consideration or decision of the case.
Jul 25, 2017
JUDGMENT ISSUED.

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