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Mellouli v. Lynch

Linked with Madrigal-Barcenas v. Holder (13-697)
Docket No.13-1034
Op. Below8th Cir.
ArgumentJan 14, 2015

Holding

A non-citizen"s state conviction for concealing unnamed pills in his sock did not trigger removal under 8 U.S.C. § 1227(a)(2)(B)(i), which authorizes the deportation of an alien "convicted of a violation of . . . any law or regulation of a state, the United States, or a foreign country related to a controlled substance."

Judgment

Reversed, 7-2, in an opinion by Ruth Bader Ginsburg on Jun 1, 2015. Justice Thomas filed a dissenting opinion, in which Justice Alito joined.

Proceedings & orders timeline

Jan 14, 2014
Application (13A746) to extend the time to file a petition for a writ of certiorari from January 26, 2014 to February 26, 2014, submitted to Justice Alito.
Jan 17, 2014
Application (13A746) granted by Justice Alito extending the time to file until February 25, 2014.
Feb 25, 2014
Petition for a writ of certiorari filed. (Response due March 31, 2014)
Mar 26, 2014
Order extending time to file response to petition to and including April 30, 2014.
Apr 29, 2014
Order further extending time to file response to petition to and including May 14, 2014.
May 14, 2014
Brief of respondent Eric H. Holder, Jr., Attorney General in opposition filed.
May 29, 2014
Reply of petitioner Moones Mellouli filed.
Jun 3, 2014
DISTRIBUTED for Conference of June 19, 2014.
Jun 23, 2014
DISTRIBUTED for Conference of June 26, 2014.
Jun 30, 2014
Petition GRANTED.
Aug 5, 2014
The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 17, 2014.
Aug 5, 2014
The time to file respondent's brief on the merits is extended to and including November 20, 2014.
Sep 12, 2014
Proposal from counsel for the petitioner to lodge a one-page report from the Kansas Sentencing Commission of September 3, 2014.
Sep 15, 2014
Consent to the filing of amicus curiae briefs in support of either party or neither party received from counsel for the petitioner.
Sep 17, 2014
Joint appendix filed. (Statement of costs filed.)
Sep 17, 2014
Brief of petitioner Moones Mellouli filed.
Sep 24, 2014
Brief amicus curiae of Immigration Law Professors filed.
Sep 24, 2014
Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.
Sep 24, 2014
Brief amici curiae of National Immigrant Justice Center, et al. filed.
Nov 20, 2014
Brief of respondent Eric H. Holder, Jr., Attorney General filed.
Nov 21, 2014
SET FOR ARGUMENT ON Wednesday, January 14, 2015
Dec 2, 2014
CIRCULATED.
Dec 2, 2014
Record request from U.S.C.A. 8th Circuit.
Dec 17, 2014
Record receive from U.S.C.A. 8th Circuit. (1 Envelope)
Dec 22, 2014
Reply of petitioner Moones Mellouli filed. (Distributed).
Jan 14, 2015
Argued. For petitioner: Jon Laramore, Indianapolis, Ind. For respondent: Rachel P. Kovner, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Jun 1, 2015
Judgment REVERSED. Ginsburg, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, Breyer, Sotomayor, and Kagan, JJ., joined. Thomas, J., filed a dissenting opinion, in which Alito, J., joined.
Jul 6, 2015
JUDGMENT ISSUED.
Jul 21, 2015
Record from U.S.C.A. 8th Circuit has been returned.

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