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Moncrieffe v. Holder

Docket No.11-702
Op. Below5th Cir.
ArgumentOct 10, 2012
Vote7-2
AuthorSonia Sotomayor
OpinionApr 23, 2013
TermOctober Term 2012
SCOTUS PageOpinion

Holding

If a noncitizen"s conviction for a marijuana distribution offense fails to establish that the offense involved either remuneration or more than a small amount of marijuana, it is not an aggravated felony under the Immigration and Nationality Act.

Judgment

Reversed and remanded, 7-2, in an opinion by Sonia Sotomayor on Apr 23, 2013. Justice Thomas and Justice Alito filed dissenting opinions.

Disclosure: Goldstein & Russell, P.C. represents the petitioner in this case.

Holding: If a noncitizen”s conviction for a marijuana distribution offense fails to establish that the offense involved either remuneration or more than a small amount of marijuana, it is not an aggravated felony under the Immigration and Nationality Act.

Judgment:”Reversed and remanded, 7-2, in an opinion by Justice Sotomayor on April 23, 2013. Justice Thomas and Justice Alito filed dissenting opinions.

Proceedings & orders timeline

Dec 7, 2011
Petition for a writ of certiorari filed. (Response due January 9, 2012)
Jan 5, 2012
Order extending time to file response to petition to and including February 8, 2012.
Feb 2, 2012
Order further extending time to file response to petition to and including March 9, 2012.
Mar 9, 2012
Brief of respondent Eric H. Holder, Jr., Attorney General in opposition filed.Mar 13, 2012
Reply of petitioner Adrian Moncrieffe filed. (Distributed)
Mar 14, 2012
DISTRIBUTED for Conference of March 30, 2012.
Apr 2, 2012
Petition GRANTED.
Apr 23, 2012
The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 21, 2012.
Apr 23, 2012
The time to file respondent's brief on the merits is extended to and including August 29, 2012.
Jun 8, 2012
Motion to dispense with printing the joint appendix filed by petitioner Adrian Moncrieffe.
Jun 11, 2012
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Jun 18, 2012
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Jun 19, 2012
The time to file the joint appendix and petitioner's brief on the merits is further extended to and including June 22, 2012.
Jun 19, 2012
The time to file respondent's brief on the merits is further extended to and including August 31, 2012.
Jun 19, 2012
Counsel for the petitioner will file the reply brief on the merits on or before September 21, 2012.
Jun 22, 2012
Brief of petitioner Adrian Moncrieffe filed.
Jun 28, 2012
Brief amici curiae of Immigration Law Professors filed.
Jun 29, 2012
Brief amicus curiae of Human Rights First filed.
Jun 29, 2012
Brief amicus curiae of Center on the Administration of Criminal Law, New York University School of Law filed.
Jun 29, 2012
Brief amici curiae of National Immigrant Justice Center, et al. filed.
Jul 23, 2012
SET FOR ARGUMENT ON Wednesday, October 10, 2012
Jul 24, 2012
CIRCULATED.
Aug 1, 2012
Record received from U.S.C.A. for 5th Circuit. (1 envelope)
Aug 23, 2012
Adminsitrative Record from Board of Immigration Appeals is electronic.
Aug 31, 2012
Brief of respondent Eric H. Holder, Jr., Attorney General filed. (Distributed)Sep 21, 2012
Reply of petitioner Adrian Moncrieffe filed. (Distributed)
Oct 10, 2012
Argued. For petitioner: Thomas C. Goldstein, Washington, D. C. For respondent: Pratik A. Shah, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Apr 23, 2013
Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, Ginsburg, Breyer, and Kagan, JJ., joined. Thomas, J., and Alito, J., filed dissenting opinions.
May 28, 2013
JUDGMENT ISSUED.
Jun 3, 2013
Record returned to U.S.Court of Appeals for 5th Circuit.

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