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United States v. Evelyn Sineneng-Smith

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 15-10614 · judgment December 4, 2018

Decided · May 7, 2020
Pre-decision estimate: 25% cert probability (95% interval 19%–33%)

Before the decision, about 6.1× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a Ninth Circuit decision below.

Question presented

Whether the federal criminal prohibition against encouraging or inducing illegal immigration for commercial advantage or private financial gain, in violation of 8 U.S.C. 1324(a)(l)(A)(iv) and (B)(i), is facially unconstitutional.

Counsel of record

For petitioner
Noel John Francisco
Jones Day

For respondent
Mark Christopher Fleming
WilmerHale

Case

Conference history
Distributed for 1 conference

Amicus briefs
11 merits
(2 supporting pet./neither, 9 respondent)

Argument & decision

Argued February 25, 2020 — Eric J. Feigin · Mark C. Fleming. Audio and transcript

Decided May 7, 2020. Opinion by Ginsburg.

Proceedings

  1. Jun 08 2020
    JUDGMENT ISSUED.
  2. May 07 2020
    Judgment VACATED and case REMANDED. Ginsburg, J., delivered the opinion for a unanimous Court. Thomas, J., filed a concurring opinion.
  3. Feb 25 2020
    Argued. For petitioner: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: Mark C. Fleming, Boston, Mass.
  4. Feb 14 2020
    Reply of petitioner United States filed. (Distributed)
  5. Jan 22 2020
    Brief amici curiae of Immigration Representatives and Organizations filed. (Distributed)
  6. Jan 22 2020
    Amicus brief of National Association of Criminal Defense Lawyers not accepted for filing. (January 28, 2020 - Corrected brief to be submitted.)
  7. Jan 22 2020
    Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed. (January 28, 2020). (Distributed)
  8. Jan 22 2020
    Brief amicus curiae of Amnesty International filed. (Distributed)
  9. Jan 22 2020
    Brief amici curiae of Religious Organizations filed. (Distributed)
  10. Jan 22 2020
    Brief amici curiae of The Electronic Frontier Foundation, et al. filed. (Distributed)
  11. Jan 22 2020
    Brief amicus curiae of The Cato Institute filed. (Distributed)
  12. Jan 22 2020
    Brief amici curiae of City and County of San Francisco, et al. filed. (Distributed)
  13. Jan 22 2020
    Brief amici curiae of Asian Americans Advancing Justice, et al. filed. (Distributed)
  14. Jan 21 2020
    CIRCULATED
  15. Jan 20 2020
    Brief amici curiae of The Rutherford Institute, et al. filed. (Distributed)
  16. Jan 15 2020
    Brief of respondent Evelyn Sineneng-Smith filed.
  17. Jan 14 2020
    The record from the U.S.C.A. 9th Circuit and from the U.S.D.C. California Northern District (San Jose) is electronic and located on PACER, and sealed record material from both courts received by Clerk and available electronically.
  18. Jan 09 2020
    Record requested from the U.S.C.A. 9th Circuit.
  19. Jan 09 2020
    The record from the U.S.C.A. 9th Circuit is electronic and located on PACER.
  20. Dec 09 2019
    Brief amicus curiae of Eugene Volokh in support of neither party filed.
  21. Dec 09 2019
    Brief amicus curiae of Immigration Reform Law Institute filed.
  22. Dec 02 2019
    Joint appendix filed.
  23. Dec 02 2019
    Brief of petitioner United States filed.
  24. Nov 26 2019
    SET FOR ARGUMENT on Tuesday, February 25, 2020.
  25. Nov 15 2019
    Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 2, 2019. The time to file respondent's brief on the merits is extended to and including January 15, 2020.
  26. Oct 25 2019
    Motion for an extension of time to file the briefs on the merits filed.
  27. Oct 04 2019
    Petition GRANTED.
  28. Sep 11 2019
    DISTRIBUTED for Conference of 10/1/2019.
  29. Sep 10 2019
    Reply of petitioner United States filed.
  30. Aug 28 2019
    Brief of respondent Evelyn Sineneng-Smith in opposition filed.
  31. Jul 19 2019
    Motion to extend the time to file a response is granted and the time is extended to and including August 28, 2019.
  32. Jul 18 2019
    Motion to extend the time to file a response from August 12, 2019 to August 28, 2019, submitted to The Clerk.
  33. Jul 12 2019
    Petition for a writ of certiorari filed. (Response due August 12, 2019)
  34. May 31 2019
    Application (18A1117) to extend further the time from June 12, 2019 to July 12, 2019, submitted to Justice Kagan.
    Written RequestProof of Service
  35. May 31 2019
    Application (18A1117) granted by Justice Kagan extending the time to file until July 12, 2019.
  36. Apr 30 2019
    Application (18A1117) granted by Justice Kagan extending the time to file until June 12, 2019.
  37. Apr 29 2019
    Application (18A1117) to extend the time to file a petition for a writ of certiorari from May 13, 2019 to June 12, 2019, submitted to Justice Kagan.
    Main DocumentProof of Service