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Luna Torres v. Lynch

Docket No.14-1096
Op. Below2d Cir.
ArgumentNov 3, 2015
Vote5-3
AuthorElena Kagan
OpinionMay 19, 2016
TermOctober Term 2015
SCOTUS PageOpinion

Holding

A state offense counts as an "aggravated felony" for purposes of Section 1101(a)(43) of the Immigration and Nationality Act when it has every element of a listed federal crime except one requiring a connection to interstate or foreign commerce.

Judgment

Affirmed, 5-3, in an opinion by Elena Kagan on May 19, 2016. Justice Sotomayor filed a dissenting opinion, in which Justices Thomas and Breyer joined.

Proceedings & orders timeline

Jan 13, 2015
Application (14A770) to extend the time to file a petition for a writ of certiorari from February 5, 2015 to March 9, 2015, submitted to Justice Ginsburg.
Jan 16, 2015
Application (14A770) granted by Justice Ginsburg extending the time to file until March 9, 2015.
Mar 9, 2015
Petition for a writ of certiorari filed. (Response due April 10, 2015)
Apr 2, 2015
Order extending time to file response to petition to and including May 11, 2015.
May 6, 2015
Order further extending time to file response to petition to and including May 18, 2015.
May 18, 2015
Brief of respondent Loretta E. Lynch, Attorney General in opposition filed.May 27, 2015
Reply of petitioner Jorge Luna Torres filed.
Jun 2, 2015
DISTRIBUTED for Conference of June 18, 2015.
Jun 22, 2015
DISTRIBUTED for Conference of June 25, 2015.
Jun 29, 2015
Petition GRANTED.
Jul 9, 2015
The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 18, 2015.
Jul 9, 2015
The time to file respondent's brief on the merits is extended to and including September 22, 2015.
Jul 16, 2015
Motion to dispense with printing the joint appendix filed by petitioner Jorge Luna Torres.
Aug 18, 2015
Brief of petitioner Jorge Luna Torres filed.Aug 25, 2015
Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.Aug 25, 2015
Brief amici curiae of National Immigrant Justice Center, et al. filed.
Aug 28, 2015
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Sep 9, 2015
SET FOR ARGUMENT on Tuesday, November 3, 2015
Sep 10, 2015
Record requested from the U.S.C.A. 2nd Circuit.
Sep 16, 2015
Record received from U.S.C.A. 2nd Circuit is electronic.
Sep 22, 2015
Brief of respondent Loretta E. Lynch, Attorney General filed.
Sep 29, 2015
CIRCULATED
Oct 14, 2015
Reply of petitioner Jorge Luna Torres filed. (Distributed)
Nov 3, 2015
Argued. For petitioner: Matthew L. Guadagno, New York, N. Y. For respondent: Elaine J. Goldenberg, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
May 19, 2016
Adjudged to be AFFIRMED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, and Alito, JJ., joined. Sotomayor, J., filed a dissenting opinion, in which Thomas and Breyer, JJ., joined.
Jun 20, 2016
JUDGMENT ISSUED

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