No. 16-1363
Title:Kirstjen M. Nielsen, Secretary of Homeland Security, et al., Petitioners
v.
Mony Preap, et al.
Docketed:May 11, 2017
Linked with 16A944
Lower Ct:United States Court of Appeals for the Ninth Circuit
   Case Numbers:(14-16326, 14-16779)
   Decision Date:August 4, 2016
Rule 12.4
   Rehearing Denied:January 11, 2017
  Discretionary Court Decision Date:
Analyst:
Questions Presented

DateProceedings and Orders
Mar 31 2017Application (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.
Apr 07 2017Application (16A944) granted by Justice Kennedy extending the time to file until May 11, 2017.
May 11 2017Petition for a writ of certiorari filed. (Response due June 12, 2017)
May 18 2017Order extending time to file response to petition to and including July 12, 2017, for all respondents.
Jun 26 2017Order further extending time to file response to petition to and including August 11, 2017.
Aug 08 2017Brief of respondents Mony Preap, et al. in opposition filed.
Aug 23 2017DISTRIBUTED for Conference of 9/25/2017.
Aug 23 2017Reply of petitioners Elaine C. Duke, Acting Secretary of Homeland Security, et al. filed. (Distributed)
Feb 27 2018DISTRIBUTED for Conference of 3/2/2018.
Mar 12 2018DISTRIBUTED for Conference of 3/16/2018.
Mar 19 2018Petition GRANTED.
Apr 10 2018As 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 2018Motion for an extension of time to file the briefs on the merits filed.
Main Document
Apr 10 2018Motion 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.
May 11 2018Motion to dispense with printing the joint appendix filed by petitioners Kirstjen M. Nielsen, Secretary of Homeland Security, et al.
Proof of ServiceMain Document
May 29 2018Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
Jun 01 2018Brief of petitioners Kirstjen M. Nielsen, Secretary of Homeland Security, et al. filed.
Certificate of Word CountMain Document
Jun 08 2018Brief amicus curiae of U.S. Rep. Andy Biggs, et al. filed.
Main DocumentCertificate of Word CountProof of Service
Jun 08 2018Brief amicus curiae of Immigration Reform Law Institute filed.
Main DocumentCertificate of Word CountProof of Service
Jun 08 2018Brief amicus curiae of Criminal Justice Legal Foundation filed.
Main DocumentCertificate of Word CountProof of Service
Jul 09 2018SET FOR ARGUMENT On Wednesday, October 10, 2018
Aug 03 2018CIRCULATED
Aug 06 2018Brief of respondents Mony Preap, et al. filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Aug 07 2018Record requested from the U.S.C.A. 9th Circuit.
Aug 10 2018Brief amicus curiae of National Immigrant Justice Center filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Aug 13 2018Brief amici curiae of Administrative and Immigration Law Professors filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Aug 13 2018Brief amici curiae of Constitutional and Immigration Law Professors filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Aug 13 2018Brief amici curiae of Former INS and DHS General Counsels filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Aug 13 2018Brief amici curiae of Members of Congress filed. (Distributed)
Main DocumentProof of ServiceCertificate of Word Count
Aug 13 2018Brief amici curiae of Advancement Project, et al. filed. (Distributed)
Main DocumentOtherCertificate of Word CountProof of Service
Aug 30 2018Record from the U.S.C.A. 9th Circuit is electronic and located on PACER.
Aug 30 2018Record 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.
Sep 05 2018Reply of petitioners Kirstjen M. Nielsen, Secretary of Homeland Security, et al. filed. (Distributed)
Proof of ServiceMain Document
Oct 10 2018Argued. 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.
Mar 19 2019Judgment 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.
Apr 22 2019JUDGMENT ISSUED.

NAMEADDRESSPHONE
Attorneys for Petitioners
Noel J. Francisco
    Counsel of Record
Solicitor General
United States Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

SupremeCtBriefs@USDOJ.gov
202-514-2217
Party name: Kirstjen M. Nielsen, Secretary of Homeland Security, et al.
Attorneys for Respondents
Michael King Thomas Tan
    Counsel of Record
American Civil Liberties Union Foundation
125 Broad St., 18th Floor
New York, NY 10004

mtan@aclu.org
212-549-2500
Party name: Mony Preap, et al.
Other
Alina Das
    Counsel of Record
Washington Square Legal Services
245 Sullivan Street
5th Floor
New York, NY 10012

alina.das@nyu.edu
212-998-6430
Party name: Advancement Project et al.
Mark Christopher Fleming
    Counsel of Record
WilmerHale
60 State Street
Boston, MA 02109

mark.fleming@wilmerhale.com
(617) 526-6000
Party name: Constitutional and Immigration Law Professors
Elaine Janet Goldenberg
    Counsel of Record
Munger, Tolles & Olson LLP
1155 F Street, NW
7th Floor
Washington, DC 20004

elaine.goldenberg@mto.com
202-220-1114
Party name: National Immigrant Justice Center
Christopher J. Hajec
    Counsel of Record
Immigration Reform Law Institute
25 Massachusetts Avenue NW, Suite 335
Washington, DC 20001

chajec@irli.org
202-232-5590
Party name: Immigration Reform Law Institute
Anton Metlitsky
    Counsel of Record
O'Melveny & Myers, LLP
Times Square Tower, 7 Times Square
New York, NY 10036

ametlitsky@omm.com
212-326-2000
Party name: Administrative And Immigration Law Professors
Matthew Eben Price
    Counsel of Record
Jenner & Block, LLP
1099 New York Ave. NW, Suite 900
Washington, DC 20001

MPrice@jenner.com
202-639-6873
Party name: Former INS and DHS General Counsels
Richard A. Samp
    Counsel of Record
Washington Legal Foundation
2009 Massachusetts Ave., N.W.
Washington, DC 20036-0000

rsamp@wlf.org
202-588-0302
Party name: U.S. Rep. Andy Biggs, et al.
Kent Stephen Scheidegger
    Counsel of Record
Criminal Justice Legal Fdtn.
2131 L Street
Sacramento, CA 95816

Kent.Scheidegger@cjlf.org
916-446-0345
Party name: Criminal Justice Legal Foundation
Jayashri Srikantiah
    Counsel of Record
Stanford Law School Immigrants' Rights Clinic
559 Nathan Abbott Way
Stanford, CA 94305

jsrikantiah@law.stanford.edu
6507242442
Party name: Members of Congress
Ward Alexander PenfoldO'Melveny & Myers LLP
Two Embarcadero Center, 28th Floor
San Francisco, CA 94111

wpenfold@omm.com
4159848700
Party name: Members of Congress