Pereira v. Sessions

Docket No.17-459

Op. Below1st Cir.

ArgumentApr 23, 2018

Vote8-1

AuthorSonia Sotomayor

OpinionJun 21, 2018

TermOctober Term 2017

SCOTUS Page Opinion

Holding

A putative notice sent to a nonpermanent resident to appear at a removal proceeding that fails to designate a specific time or place for that proceeding does not end the continuous residence period calculation necessary for possible cancellation of the individual's removal.

Judgment

Reversed and remanded, 8-1, in an opinion by Sonia Sotomayor on Jun 21, 2018. Justice Kennedy filed a concurring opinion. Justice Alito filed a dissenting opinion.

Proceedings & orders timeline

Sep 27, 2017

Petition for a writ of certiorari filed. (Response due October 30, 2017)

Oct 25, 2017

Order extending time to file response to petition to and including November 29, 2017.

Oct 30, 2017

Brief amicus curiae of American Immigration Lawyers Association filed.Nov 15, 2017

Motion to extend the time to file a response from November 29, 2017 to December 12, 2017, submitted to The Clerk.

Nov 16, 2017

Order further extending time to file response to petition to and including December 12, 2017.

Dec 12, 2017

Brief of respondent Jefferson B. Sessions, III, Attorney General in opposition filed.Dec 13, 2017

Waiver of the 14-day waiting period under Rule 15.5 filed by petitioner.Dec 19, 2017

Reply of petitioner Wescley Fonseca Pereira filed.

Dec 20, 2017

DISTRIBUTED for Conference of 1/5/2018.

Jan 8, 2018

DISTRIBUTED for Conference of 1/12/2018.

Jan 12, 2018

Petition GRANTED.

Jan 25, 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.

Feb 21, 2018

Brief of petitioner Wescley Fonseca Pereira filed.Feb 21, 2018

Joint appendix filed. (Statement of costs filed.)

Feb 23, 2018

SET FOR ARGUMENT on Monday, April 23, 2018.

Feb 28, 2018

Brief amicus curiae of National Immigrant Justice Center filed.Feb 28, 2018

Brief amici curiae of American Immigration Lawyers Association, et al. filed.Feb 28, 2018

Brief amicus curiae of Former BIA Chairman & Immigration Judge Schmidt filed.

Mar 7, 2018

CIRCULATED

Mar 23, 2018

Brief of respondent Jefferson B. Sessions, III, Attorney General filed. (Distributed)

Mar 30, 2018

Record requested from U.S.C.A. 1st Circuit.

Apr 2, 2018

Record received from the U.S.C.A. 1st Circuit is electronic and located on PACER.

Apr 13, 2018

Reply of petitioner Wescley Fonseca Pereira filed. (Distributed)

Apr 23, 2018

Argued. For petitioner: David J. Zimmer, Boston, Mass. For respondent: Frederick Liu, Assistant to the Solicitor General, Department of Justice, Washington, D. C.

Jun 21, 2018

Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, Ginsburg, Breyer, Kagan, and Gorsuch, JJ., joined. Kennedy, J., filed a concurring opinion. Alito, J., filed a dissenting opinion.

Jul 23, 2018

JUDGMENT ISSUED.

Recommended Citation: Pereira v. Sessions, SCOTUSblog, https://www.scotusblog.com/cases/pereira-v-sessions/

Welcome

Welcome

Pereira v. Sessions

Holding

Judgment

Proceedings & orders timeline