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Nielsen v. Preap

Docket No.16-1363
Op. Below9th Cir.
ArgumentOct 10, 2018
Vote5-4
AuthorSamuel Alito
OpinionMar 19, 2019
TermOctober Term 2018
SCOTUS PageOpinion

Holding

The judgments of the U.S. Court of Appeals for the 9th Circuit -- that respondents, who are deportable for certain specified crimes, are not subject to 8 U.S.C. § 1226(c)(2)'s mandatory-detention requirement because they were not arrested by immigration officials as soon as they were released from jail -- are reversed, and the cases are remanded.

Judgment

Reversed and remanded, 5-4, in an opinion by Samuel Alito on Mar 19, 2019. Justice Alito announced the judgment of the court and delivered the opinion of the court with respect to Parts I, III–A, III-B–1, and IV, in which Chief Justice Roberts and Justices Thomas, Gorsuch, and Kavanaugh joined, and an opinion with respect to Parts II and III–B–2, in which Chief Justice Roberts and Justice Kavanaugh joined. Justice Kavanaugh filed a concurring opinion. Justice Thomas filed an opinion concurring in part and concurring in the judgment, in which Justice Gorsuch joined. Justice Breyer filed a dissenting opinion, in which Justices Ginsburg, Sotomayor, and Kagan joined.

Proceedings & orders timeline

Mar 31, 2017
Application (16A944) to extend the time to file a petition for a writ of certiorari from April 11, 2017 to May 11, 2017, submitted to Justice Kennedy.
Apr 7, 2017
Application (16A944) granted by Justice Kennedy extending the time to file until May 11, 2017.
May 11, 2017
Petition for a writ of certiorari filed. (Response due June 12, 2017)
May 18, 2017
Order extending time to file response to petition to and including July 12, 2017, for all respondents.
Jun 26, 2017
Order further extending time to file response to petition to and including August 11, 2017.
Aug 8, 2017
Brief of respondents Mony Preap, et al. in opposition filed.
Aug 23, 2017
DISTRIBUTED for Conference of 9/25/2017.
Aug 23, 2017
Reply of petitioners Elaine C. Duke, Acting Secretary of Homeland Security, et al. filed. (Distributed)
Feb 27, 2018
DISTRIBUTED for Conference of 3/2/2018.
Mar 12, 2018
DISTRIBUTED for Conference of 3/16/2018.
Mar 19, 2018
Petition GRANTED.
Apr 10, 2018
As Rule 34.6 provides, “If the Court schedules briefing and oral argument in a case that was governed by Federal Rule of Civil Procedure 5.2(c) or Federal Rule of Criminal Procedure 49.1(c), the parties shall submit electronic versions of all prior and subsequent filings with this Court in the case, subject to [applicable] redaction rules.” Subsequent party and amicus filings in the case should now be submitted through the Court’s electronic filing system, with any necessary redactions.
Apr 10, 2018
Motion for an extension of time to file the briefs on the merits filed.
Apr 10, 2018
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including June 1, 2018. The time to file respondents' brief on the merits is extended to and including August 6, 2018. The reply brief is to be filed pursuant to Rule 25.3.
May 11, 2018
Motion to dispense with printing the joint appendix filed by petitioners Kirstjen M. Nielsen, Secretary of Homeland Security, et al.
May 29, 2018
Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
Jun 1, 2018
Brief of petitioners Kirstjen M. Nielsen, Secretary of Homeland Security, et al. filed.Jun 8, 2018
Brief amicus curiae of U.S. Rep. Andy Biggs, et al. filed.Jun 8, 2018
Brief amicus curiae of Immigration Reform Law Institute filed.Jun 8, 2018
Brief amicus curiae of Criminal Justice Legal Foundation filed.
Jul 9, 2018
SET FOR ARGUMENT On Wednesday, October 10, 2018
Aug 3, 2018
CIRCULATED
Aug 6, 2018
Brief of respondents Mony Preap, et al. filed. (Distributed)
Aug 7, 2018
Record requested from the U.S.C.A. 9th Circuit.
Aug 10, 2018
Brief amicus curiae of National Immigrant Justice Center filed. (Distributed)Aug 13, 2018
Brief amici curiae of Administrative and Immigration Law Professors filed. (Distributed)Aug 13, 2018
Brief amici curiae of Constitutional and Immigration Law Professors filed. (Distributed)Aug 13, 2018
Brief amici curiae of Former INS and DHS General Counsels filed. (Distributed)Aug 13, 2018
Brief amici curiae of Members of Congress filed. (Distributed)Aug 13, 2018
Brief amici curiae of Advancement Project, et al. filed. (Distributed)
Aug 30, 2018
Record from the U.S.C.A. 9th Circuit is electronic and located on PACER.
Aug 30, 2018
Record from the U.S.D.C. California Northern District (Oakland) is electronic and located on PACER, with the exception of Restricted documents that's electronic.
Sep 5, 2018
Reply of petitioners Kirstjen M. Nielsen, Secretary of Homeland Security, et al. filed. (Distributed)
Oct 10, 2018
Argued. For petitioners: Zachary D. Tripp, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Cecillia D. Wang, New York, N. Y.
Mar 19, 2019
Judgment REVERSED and case REMANDED. Alito, J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, III–A, III–B–1, and IV, in which Roberts, C. J., and Thomas, Gorsuch, and Kavanaugh, JJ., joined, and an opinion with respect to Parts II and III–B–2, in which Roberts, C. J., and Kavanaugh, J., joined. Kavanaugh, J., filed a concurring opinion. Thomas, J., filed an opinion concurring in part and concurring in the judgment, in which Gorsuch, J., joined. Breyer, J., filed a dissenting opinion, in which Ginsburg, Sotomayor, and Kagan, JJ., joined.
Apr 22, 2019
JUDGMENT ISSUED.

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