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United States v. Hernandez-Calvillo

Petition for certiorari granted, judgment vacated, and case remanded to the U.S. Court of Appeals for the 10th Circuit for further consideration in light of United States v. Hansen on June 30, 2023.

Docket No.22-582
Op. Below10th Cir.

Issue

Whether the federal criminal prohibition against conspiring to encourage or induce unlawful immigration, in violation of 8 U.S.C. § 1324(a)(1)(A)(iv) and (v)(I), is facially unconstitutional on First Amendment over- breadth grounds.

Proceedings & orders timeline

Nov 17, 2022
Application (22A446) to extend the time to file a petition for a writ of certiorari from November 28, 2022 to December 28, 2022, submitted to Justice Gorsuch.
Nov 22, 2022
Application (22A446) granted by Justice Gorsuch extending the time to file until December 28, 2022.
Dec 22, 2022
Petition for a writ of certiorari filed. (Response due January 23, 2023)
Jan 23, 2023
Brief of respondents Jose Felipe Hernandez-Calvillo and Mauro Papalotzi in opposition filed.
Feb 8, 2023
DISTRIBUTED for Conference of 2/24/2023.
Feb 8, 2023
Reply of petitioner United States filed. (Distributed)
Jun 29, 2023
DISTRIBUTED for Conference of 6/29/2023.
Jun 30, 2023
Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of United States v. Hansen, 599 U. S. ___ (2023).
Aug 1, 2023
Judgment issued.

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