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Maslenjak v. United States

Docket No.16-309
Op. Below6th Cir.
ArgumentApr 26, 2017
Vote9-0
AuthorElena Kagan
OpinionJun 22, 2017
TermOctober Term 2016
SCOTUS PageOpinion

Holding

(1) The text of 18 U.S.C. § 1425(a) -- which prohibits "procur[ing], contrary to law, the naturalization of any person" -- makes clear that, to secure a conviction, the federal government must establish that the defendant's illegal act played a role in her acquisition of citizenship; (2) when the underlying illegality alleged in a Section 1425(a) prosecution is a false statement to government officials, a jury must decide whether the false statement so altered the naturalization process as to have influenced an award of citizenship; and (3) measured against this analysis, the jury instructions in this case were in error, and the government's assertion that any instructional error was harmless is left for resolution on remand.

Judgment

Vacated and remanded, 9-0, in an opinion by Elena Kagan on Jun 22, 2017. Justice Gorsuch filed an opinion concurring in part and concurring in the judgment, in which Justice Thomas joined. Justice Alito filed an opinion concurring in the judgment.

Proceedings & orders timeline

Aug 2, 2016
Application (16A125) to extend the time to file a petition for a writ of certiorari from August 25, 2016 to September 26, 2016, submitted to Justice Kagan.
Aug 3, 2016
Application (16A125) granted by Justice Kagan extending the time to file until September 26, 2016.
Sep 8, 2016
Petition for a writ of certiorari filed. (Response due October 11, 2016)
Oct 11, 2016
Order extending time to file response to petition to and including November 10, 2016.
Oct 28, 2016
Order further extending time to file response to petition to and including November 23, 2016.
Nov 23, 2016
Brief of respondent United States in opposition filed.
Dec 2, 2016
Reply of petitioner Divna Maslenjak filed.
Dec 7, 2016
DISTRIBUTED for Conference of January 6, 2017.
Jan 9, 2017
DISTRIBUTED for Conference of January 13, 2017.
Jan 13, 2017
Petition GRANTED.
Feb 9, 2017
Consent to the filing of amicus curiae briefs in support of either party, or of neither party, from counsel for the petitioner.
Feb 17, 2017
SET FOR ARGUMENT ON Wednesday, April 26, 2017
Feb 22, 2017
Record requested from the U.S.C.A. 6th Circuit.
Feb 23, 2017
Record received from the U.S.C.A. 6th Circuit. The record is electronic and available on PACER.
Feb 27, 2017
Joint appendix filed. (Statement of costs filed.)
Feb 27, 2017
Brief of petitioner Divna Maslenjak filed.
Mar 6, 2017
Brief amici curiae of Immigrant Defense Project, et al. filed.
Mar 6, 2017
Brief amici curiae of Asian Americans Advancing Justice (AAJC), et al. filed.
Mar 22, 2017
CIRCULATED.
Mar 29, 2017
Brief of respondent United States filed. (Distributed)Apr 12, 2017
Reply of petitioner Divna Maslenjak filed. (Distributed)
Apr 26, 2017
Argued. For petitioner: Christopher Landau, Washington, D. C. For respondent: Robert A. Parker, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Jun 22, 2017
Judgment VACATED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Breyer, and Sotomayor, JJ., joined. Gorsuch, J., filed an opinion concurring in part and concurring in the judgment, in which Thomas, J., joined. Alito, J., filed an opinion concurring in the judgment.
Jul 24, 2017
JUDGMENT ISSUED.

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