| 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 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Mar 31 2017 | Application (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 2017 | Application (16A944) granted by Justice Kennedy extending the time to file until May 11, 2017. |
| May 11 2017 | Petition for a writ of certiorari filed. (Response due June 12, 2017) |
| May 18 2017 | Order extending time to file response to petition to and including July 12, 2017, for all respondents. |
| Jun 26 2017 | Order further extending time to file response to petition to and including August 11, 2017. |
| Aug 08 2017 | Brief of respondents Mony Preap, et al. in opposition filed. |
| Aug 23 2017 | DISTRIBUTED for Conference of 9/25/2017. |
| Aug 23 2017 | Reply of petitioners Elaine C. Duke, Acting Secretary of Homeland Security, et al. filed. (Distributed) |
| Feb 27 2018 | DISTRIBUTED for Conference of 3/2/2018. |
| Mar 12 2018 | DISTRIBUTED for Conference of 3/16/2018. |
| Mar 19 2018 | Petition GRANTED. |
| Apr 10 2018 | As 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 2018 | Motion for an extension of time to file the briefs on the merits filed. |
| Main Document | |
| Apr 10 2018 | Motion 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 2018 | Motion 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 2018 | Motion to dispense with printing the joint appendix filed by petitioners GRANTED. |
| Jun 01 2018 | Brief of petitioners Kirstjen M. Nielsen, Secretary of Homeland Security, et al. filed. |
| Certificate of Word CountMain Document | |
| Jun 08 2018 | Brief amicus curiae of U.S. Rep. Andy Biggs, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jun 08 2018 | Brief amicus curiae of Immigration Reform Law Institute filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jun 08 2018 | Brief amicus curiae of Criminal Justice Legal Foundation filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 09 2018 | SET FOR ARGUMENT On Wednesday, October 10, 2018 |
| Aug 03 2018 | CIRCULATED |
| Aug 06 2018 | Brief of respondents Mony Preap, et al. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 07 2018 | Record requested from the U.S.C.A. 9th Circuit. |
| Aug 10 2018 | Brief amicus curiae of National Immigrant Justice Center filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 13 2018 | Brief amici curiae of Administrative and Immigration Law Professors filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 13 2018 | Brief amici curiae of Constitutional and Immigration Law Professors filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 13 2018 | Brief amici curiae of Former INS and DHS General Counsels filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 13 2018 | Brief amici curiae of Members of Congress filed. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Aug 13 2018 | Brief amici curiae of Advancement Project, et al. filed. (Distributed) |
| Main DocumentOtherCertificate of Word CountProof of Service | |
| Aug 30 2018 | Record from the U.S.C.A. 9th Circuit is electronic and located on PACER. |
| Aug 30 2018 | Record 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 2018 | Reply of petitioners Kirstjen M. Nielsen, Secretary of Homeland Security, et al. filed. (Distributed) |
| Proof of ServiceMain Document | |
| Oct 10 2018 | Argued. 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 2019 | Judgment 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 2019 | JUDGMENT ISSUED. |
| NAME | ADDRESS | PHONE |
| 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 Penfold | O'Melveny & Myers LLP Two Embarcadero Center, 28th Floor San Francisco, CA 94111 wpenfold@omm.com | 4159848700 |
| Party name: Members of Congress | ||