Supreme Court of the United States · Official docket →
United States v. Jose Felipe Hernandez-Calvillo, et al.
Paid petition · United States Court of Appeals for the Tenth Circuit, No. 19-3210, 19-3211 · judgment July 13, 2022
GVR'd · June 30, 2023
Pre-decision estimate: 18% cert probability (95% interval 11%–28%)
Before the decision, about 4.4× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a Tenth Circuit decision below.
Question presented
Whether the federal criminal prohibition against conspiring to encourage or induce unlawful immigration, in violation of 8 U.S.C. 1324(a)(1)(A)(iv) and (v)(I), is facially unconstitutional on First Amendment overbreadth grounds. (I)
Counsel of record
For petitioner
Elizabeth B. Prelogar
Solicitor General
For respondent
Mark Christopher Fleming
WilmerHale
Proceedings
- Aug 01 2023Judgment issued.
- Jun 30 2023Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of United States v. Hansen, 599 U. S. ___ (2023).
- Jun 29 2023DISTRIBUTED for Conference of 6/29/2023.
- Feb 08 2023DISTRIBUTED for Conference of 2/24/2023.
- Feb 08 2023Reply of petitioner United States filed. (Distributed)
- Jan 23 2023Brief of respondents Jose Felipe Hernandez-Calvillo and Mauro Papalotzi in opposition filed.
- Dec 22 2022Petition for a writ of certiorari filed. (Response due January 23, 2023)
- Nov 22 2022Application (22A446) granted by Justice Gorsuch extending the time to file until December 28, 2022.
- Nov 17 2022Application (22A446) to extend the time to file a petition for a writ of certiorari from November 28, 2022 to December 28, 2022, submitted to Justice Gorsuch.