Supreme Court of the United States · Official docket →
David Allen Anderton v. United States
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 17-40836 · judgment August 16, 2018
Before the decision, about 1.5× the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a circuit split argued in the petition, and a petition citing one or two dissents.
Question presented
Whether to “encourage” or “induce” an alien to come to, enter, or reside in the United States in reckless disregard of the alien’s “in violation of law” status, the serious felony offense created by 8 U.S.C. § 1324’s residual clause [8 U.S.C. § 1324 (a)(1)(A)(iv)], is impermissibly vague because it leaves the choice of prohibited conduct and unbridled enforcement discretion to law enforcement, prosecutors, judges and juries, in contravention of the due process of law and the separation of powers, and because the statute’s overbreadth runs afoul of the First Amendment’s guarantee that no law shall abridge the freedom of speech.
Counsel of record
For petitioner
Shirley Baccus-Lobel
The Law Offices of Shirley Baccus-Lobel
For respondent
Noel John Francisco
Jones Day
Case
Subject area
Due Process (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, February 19, 2019 · Certiorari denied
Proceedings
- Feb 19 2019Petition DENIED.
- Jan 23 2019DISTRIBUTED for Conference of 2/15/2019.
- Jan 15 2019Waiver of right of respondent United States to respond filed.
- Dec 19 2018Petition for a writ of certiorari filed. (Response due February 4, 2019)