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Sessions v. Dimaya

Docket No.15-1498
Op. Below9th Cir.
ArgumentOct 2, 2017
Vote5-4
AuthorElena Kagan
OpinionApr 17, 2018
TermOctober Term 2017
SCOTUS PageOpinion

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 Elena Kagan on Apr 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.

Proceedings & orders timeline

Apr 13, 2016
Application (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.
Apr 24, 2016
Application (15A1049) granted by Justice Kennedy extending the time to file until May 24, 2016.
May 13, 2016
Application (15A1049) to extend further the time from May 24, 2016 to June 10, 2016, submitted to Justice Kennedy.
May 16, 2016
Application (15A1049) granted by Justice Kennedy extending the time to file until June 10, 2016.
Jun 10, 2016
Petition for a writ of certiorari filed. (Response due July 13, 2016)
Jun 24, 2016
Order extending time to file response to petition to and including August 12, 2016.
Aug 12, 2016
Brief of respondent James Garcia Dimaya in opposition filed.
Aug 31, 2016
DISTRIBUTED for Conference of September 26, 2016.
Aug 31, 2016
Reply of petitioner Loretta E. Lynch, Attorney General filed. (Distributed)
Sep 29, 2016
Petition GRANTED.
Nov 7, 2016
Motion to dispense with printing the joint appendix filed by petitioner Loretta E. Lynch, Attorney General.
Nov 14, 2016
Brief of petitioner Loretta E. Lynch, Attorney General filed.
Nov 28, 2016
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Dec 5, 2016
SET FOR ARGUMENT on Tuesday, January 17, 2017.
Dec 7, 2016
Record requested from the U.S.C.A. 9th Circuit.
Dec 12, 2016
CIRCULATED.
Dec 12, 2016
Record received from U.S.C.A. 9th Circuit is electronic.
Dec 14, 2016
Brief of respondent James Garcia Dimaya filed. (Distributed)Dec 21, 2016
Brief amici curiae of Retired Article III Judges filed. (Distributed)Dec 21, 2016
Brief amici curiae of National Immigration Project of the National Lawyers Guild, et al. filed. (Distributed)Dec 21, 2016
Brief amicus curiae of The National Immigration Law Center filed. (Distributed)Dec 21, 2016
Brief amicus curiae of The National Association of Federal Defenders filed. (Distributed)Jan 10, 2017
Reply of petitioner Loretta E. Lynch, Attorney General filed. (Distributed)
Jan 17, 2017
Argued. For petitioner: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: E. Joshua Rosenkranz, New York, N. Y.
Jun 26, 2017
This case is restored to the calendar for reargument.
Jul 19, 2017
SET FOR REARGUMENT on Monday, October 2, 2017.
Aug 1, 2017
Record requested from the U.S.C.A. 9th Circuit.
Aug 3, 2017
Record received from the U.S.C.A. 9th Circuit is electronic.
Oct 2, 2017
Argued. For petitioner: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D.C. For respondent: E. Joshua Rosenkranz, New York, N.Y.
Apr 17, 2018
Adjudged to be AFFIRMED. Kagan, J., announced the judgment of the Court and delivered the opinion 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.
May 21, 2018
JUDGMENT ISSUED.

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