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Jose Susumo Azano Matsura v. United States
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 17-50387 · judgment October 28, 2020
Before the decision, roughly the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a dissent in the court below (flagged in the petition), and counsel who has filed here before.
Questions presented
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Should the Court grant review to clarify that the guilty knowledge of status element under 18 U.S.C. § 922(g)(5)(B), means knowledge that one’s legal status as a non-immigrant visa holder prohibits firearm possession under Rehaif v. United States, 139 S.Ct. 2191 (2019)? A. Given the Statutory and Regulatory Exceptions Permitting Visa Holders to Lawfully Possess Firearms, Must the Government's Proof Requirement of Knowledge Extend to Showing Petitioner Knew his Possession was Unlawful Despite Those Exceptions? B. Are 18 U.S.C. § 922(g)(5)(B) and attendant regulations unconstitutionally vague on their face or as applied to petitioner given that both laws permit visa holders to possess a firearm under uncertain circumstances? C. What is the plain error review standard –structural or something less-- when the Rehaif knowledge element is not only omitted from jury instructions, but the jury is told that petitioner’s knowledge of status is irrelevant?
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Does the Second Amendment right to possess a firearm in one’s home protect visa holders, making 18 U.S.C. § 922(g)(5)(b) unconstitutional?
Counsel of record
For petitioner
Charles M Sevilla
For respondent
Brian H. Fletcher
Acting Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- May 24 2021Petition DENIED.
- May 04 2021DISTRIBUTED for Conference of 5/20/2021.
- Apr 27 2021Reply of petitioner Jose Susumo Azano Matsura filed.
- Apr 26 2021Memorandum of respondent United States, Solicitor Generfal filed.
- Mar 24 2021Motion to extend the time to file a response is granted and the time is extended to and including April 28, 2021.
- Mar 23 2021Motion to extend the time to file a response from March 29, 2021 to April 28, 2021, submitted to The Clerk.
- Feb 12 2021Petition for a writ of certiorari filed. (Response due March 29, 2021)