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Jefferson B. Sessions, III, Attorney General v. James Garcia Dimaya

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 11-71307 · judgment October 19, 2015

Decided · April 17, 2018
At-filing estimate: 11% cert probability (95% interval 7%–17%)

Before the decision, about 2.7× the 4.1% base rate. The model weighted this up for a federal-government petitioner and a Ninth Circuit decision below.

Question presented

Whether 18 U.S.C. 16(b), as incorporated into the Immigration and Nationality Act's provisions governing an alien's removal from the United States, is unconstitutionally vague. 6/26/2017: THIS CASE IS RESTORED TO THE CALENDAR FOR REARGUMENT.

Counsel of record

For petitioner
Noel John Francisco
Jones Day

For respondent
E. Joshua Rosenkranz

Case

Conference history
Distributed for 1 conference

Amicus briefs
4 merits
(4 respondent)

Linked docket
15A1049

Argument & decision

Argued October 2, 2017 — Edwin S. Kneedler · E. Joshua Rosenkranz. Listen and read along · the Court’s audio

Decided April 17, 2018. Opinion by Kagan.

Proceedings

  1. May 21 2018
    JUDGMENT ISSUED.
  2. Apr 17 2018
    Adjudged to be AFFIRMED. Kagan, J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, III, IV-B, and V, in which Ginsburg, Breyer, Sotomayor, and Gorsuch, JJ., joined, and an opinion with respect to Parts II and IV-A, in which Ginsburg, Breyer, and Sotomayor, JJ., joined. Gorsuch, J., filed an opinion concurring in part and concurring in the judgment. Roberts, C. J., filed a dissenting opinion, in which Kennedy, Thomas, and Alito, JJ., joined. Thomas, J., filed a dissenting opinion, in which Kennedy and Alito, JJ., joined as to Parts I-C-2, II-A-1, and II-B.
  3. Oct 02 2017
    Argued. For petitioner: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D.C. For respondent: E. Joshua Rosenkranz, New York, N.Y.
  4. Aug 03 2017
    Record received from the U.S.C.A. 9th Circuit is electronic.
  5. Aug 01 2017
    Record requested from the U.S.C.A. 9th Circuit.
  6. Jul 19 2017
    SET FOR REARGUMENT on Monday, October 2, 2017.
  7. Jun 26 2017
    This case is restored to the calendar for reargument.
  8. Jan 17 2017
    Argued. For petitioner: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: E. Joshua Rosenkranz, New York, N. Y.
  9. Jan 10 2017
    Reply of petitioner Loretta E. Lynch, Attorney General filed. (Distributed)
  10. Dec 21 2016
    Brief amici curiae of Retired Article III Judges filed. (Distributed)
  11. Dec 21 2016
    Brief amici curiae of National Immigration Project of the National Lawyers Guild, et al. filed. (Distributed)
  12. Dec 21 2016
    Brief amicus curiae of The National Immigration Law Center filed. (Distributed)
  13. Dec 21 2016
    Brief amicus curiae of The National Association of Federal Defenders filed. (Distributed)
  14. Dec 14 2016
    Brief of respondent James Garcia Dimaya filed. (Distributed)
  15. Dec 12 2016
    CIRCULATED.
  16. Dec 12 2016
    Record received from U.S.C.A. 9th Circuit is electronic.
  17. Dec 07 2016
    Record requested from the U.S.C.A. 9th Circuit.
  18. Dec 05 2016
    SET FOR ARGUMENT on Tuesday, January 17, 2017.
  19. Nov 28 2016
    Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
  20. Nov 14 2016
    Brief of petitioner Loretta E. Lynch, Attorney General filed.
  21. Nov 07 2016
    Motion to dispense with printing the joint appendix filed by petitioner Loretta E. Lynch, Attorney General.
  22. Sep 29 2016
    Petition GRANTED.
  23. Aug 31 2016
    DISTRIBUTED for Conference of September 26, 2016.
  24. Aug 31 2016
    Reply of petitioner Loretta E. Lynch, Attorney General filed. (Distributed)
  25. Aug 12 2016
    Brief of respondent James Garcia Dimaya in opposition filed.
  26. Jun 24 2016
    Order extending time to file response to petition to and including August 12, 2016.
  27. Jun 10 2016
    Petition for a writ of certiorari filed. (Response due July 13, 2016)
  28. May 16 2016
    Application (15A1049) granted by Justice Kennedy extending the time to file until June 10, 2016.
  29. May 13 2016
    Application (15A1049) to extend further the time from May 24, 2016 to June 10, 2016, submitted to Justice Kennedy.
  30. Apr 24 2016
    Application (15A1049) granted by Justice Kennedy extending the time to file until May 24, 2016.
  31. Apr 13 2016
    Application (15A1049) to extend the time to file a petition for a writ of certiorari from April 24, 2016 to May 24, 2016, submitted to Justice Kennedy.