Supreme Court of the United States · Official docket →

Kirstjen M. Nielsen, Secretary of Homeland Security, et al. v. Mony Preap, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 14-16326, 14-16779

Decided · March 19, 2019

At-filing estimate: 22% cert probability (95% interval 13%–34%)

Before the decision, about 5.3× the 4.1% base rate. The model weighted this up for a federal-government petitioner and a Ninth Circuit decision below.

Question presented

Whether a criminal alien becomes exempt from mandatory detention under 8 U.S.C. 1226(c) if, after the alien is released from criminal custody, the Department of Homeland Security does not take him into immigration custody immediately.

Counsel of record

For petitioner
Noel John Francisco
Jones Day

For respondent
Michael King Thomas Tan
American Civil Liberties Union Foundation

Case

Subject area
Civil Rights (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 3 conferences

Amicus briefs
9 merits
(3 supporting pet./neither, 6 respondent)

Linked docket
16A944

Orders
Order list, March 19, 2018 · Certiorari granted
Order list, May 29, 2018

Argument & decision

Argued October 10, 2018 — Zachary D. Tripp · Cecillia D. Wang. Listen and read along · the Court’s audio

Decided March 19, 2019. Opinion by Alito.

Proceedings

Apr 22 2019
JUDGMENT ISSUED.
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.
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.
Sep 05 2018
Reply of petitioners Kirstjen M. Nielsen, Secretary of Homeland Security, 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.
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 10 2018
Brief amicus curiae of National Immigrant Justice Center filed. (Distributed)
Aug 07 2018
Record requested from the U.S.C.A. 9th Circuit.
Aug 06 2018
Brief of respondents Mony Preap, et al. filed. (Distributed)
Aug 03 2018
CIRCULATED
Jul 09 2018
SET FOR ARGUMENT On Wednesday, October 10, 2018
Jun 08 2018
Brief amicus curiae of U.S. Rep. Andy Biggs, et al. filed.
Jun 08 2018
Brief amicus curiae of Immigration Reform Law Institute filed.
Jun 08 2018
Brief amicus curiae of Criminal Justice Legal Foundation filed.
Jun 01 2018
Brief of petitioners Kirstjen M. Nielsen, Secretary of Homeland Security, et al. filed.
May 29 2018
Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
May 11 2018
Motion to dispense with printing the joint appendix filed by petitioners Kirstjen M. Nielsen, Secretary of Homeland Security, et al.
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.
Mar 19 2018
Petition GRANTED.
Mar 12 2018
DISTRIBUTED for Conference of 3/16/2018.
Feb 27 2018
DISTRIBUTED for Conference of 3/2/2018.
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)
Aug 08 2017
Brief of respondents Mony Preap, et al. in opposition filed.
Jun 26 2017
Order further extending time to file response to petition to and including August 11, 2017.
May 18 2017
Order extending time to file response to petition to and including July 12, 2017, for all respondents.
May 11 2017
Petition for a writ of certiorari filed. (Response due June 12, 2017)
Apr 07 2017
Application (16A944) granted by Justice Kennedy extending the time to file until May 11, 2017.
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.