| No. 19-1155 | |
| Title: | Merrick B. Garland, Attorney General, Petitioner v. Ming Dai |
| Docketed: | March 20, 2020 |
| Linked with 19A781 | |
| Lower Ct: | United States Court of Appeals for the Ninth Circuit |
| Case Numbers: | (15-70776) |
| Decision Date: | March 8, 2018 |
| Rehearing Denied: | October 22, 2019 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Jan 10 2020 | Application (19A781) to extend the time to file a petition for a writ of certiorari from January 20, 2020 to February 19, 2020, submitted to Justice Kagan. |
| Main Document | |
| Jan 10 2020 | Pursuant to Rule 34.6 and Paragraph 9 of the Guidelines for the Submission of Documents to the Supreme Court's Electronic Filing System, filings in this case should be submitted in paper form only, and should not be submitted through the Court's electronic filing system. |
| Jan 10 2020 | Application (19A781) granted by Justice Kagan extending the time to file until February 19, 2020. |
| Feb 07 2020 | Application (19A781) to extend further the time from February 19, 2020 to March 20, 2020, submitted to Justice Kagan. |
| Written Request | |
| Feb 07 2020 | Application (19A781) granted by Justice Kagan extending the time to file until March 20, 2020. |
| Mar 20 2020 | Petition for a writ of certiorari filed. (Response due April 20, 2020) |
| PetitionAppendix | |
| Apr 13 2020 | Motion to extend the time to file a response from April 20, 2020 to June 19, 2020, submitted to The Clerk. |
| Main Document | |
| Apr 16 2020 | Motion to extend the time to file a response is granted and the time is extended to and including June 19, 2020. |
| Apr 20 2020 | Brief amicus curiae of Immigration Reform Law Institute filed. |
| Jun 19 2020 | Brief of respondent Ming Dai in opposition filed. |
| Jul 08 2020 | DISTRIBUTED for Conference of 9/29/2020. |
| Jul 17 2020 | Reply of petitioner William P. Barr, Attorney General filed. (Distributed) |
| Main Document | |
| Oct 02 2020 | Petition GRANTED. The petition for a writ of certiorari in No. 19-1156 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED. |
| Oct 02 2020 | 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. |
| Oct 02 2020 | Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 19-1155. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-1155. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.” |
| Nov 16 2020 | Joint appendix filed. (Statement of costs filed 5/12/21). VIDED. |
| Main DocumentProof of Service | |
| Nov 16 2020 | Brief of petitioner William P. Barr, Attorney General filed. VIDED. |
| Main DocumentCertificate of Word Count | |
| Dec 01 2020 | Motion for an extension of time to file respondents' briefs on the merits filed. VIDED. |
| Main Document | |
| Dec 03 2020 | Motion to extend the time to file respondents' briefs on the merits granted and the time is extended to and including January 4, 2021. VIDED. |
| Dec 31 2020 | SET FOR ARGUMENT on Tuesday, February 23, 2021. VIDED. |
| Jan 04 2021 | Brief of respondent Cesar Alcaraz-Enriquez filed (19-1156). |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 04 2021 | Brief of respondent Ming Dai filed (19-1155). |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 04 2021 | Joint motion for divided argument filed by respondents. VIDED. |
| Main DocumentProof of Service | |
| Jan 11 2021 | Brief amici curiae of Refugee Advocacy Organizations filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 11 2021 | Brief amici curiae of Thirty-Five Former Immigration Judges and Members of the Board of Immigration Appeals filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 11 2021 | Brief amici curiae of American Immigration Lawyers Association and National Immigrant Justice Center filed. VIDED. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Jan 14 2021 | CIRCULATED |
| Jan 19 2021 | Motion for divided argument filed by respondents GRANTED. VIDED. |
| Jan 25 2021 | Record requested from the U.S.C.A. 9th Circuit. |
| Jan 28 2021 | Record from the U.S.C.A. 9th Circuit electronic and located on Pacer. Sealed documents in this record was filed electronically. |
| Feb 03 2021 | Reply of petitioner Robert M. Wilkinson, Acting Attorney General filed. VIDED. (Distributed) |
| Main DocumentProof of Service | |
| Feb 23 2021 | Argued. For petitioner: Colleen R. Sinzdak, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent in 19-1156: Neal K. Katyal, Washington, D. C. For respondent in 19-1155: David J. Zimmer, Boston, Mass. VIDED. |
| Jun 01 2021 | Judgment VACATED and case REMANDED. Gorsuch, J., delivered the opinion for a unanimous Court. VIDED. |
| Jul 06 2021 | JUDGMENT ISSUED. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| Elizabeth B. Prelogar Counsel of Record | Acting Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SupremeCtBriefs@USDOJ.gov | 202-514-2217 |
| Party name: Merrick B. Garland, Attorney General | ||
| Attorneys for Respondent | ||
| Neal Kumar Katyal Counsel of Record | Hogan Lovells US LLP 555 Thirteenth St., N.W. Washington, DC 20004 neal.katyal@hoganlovells.com | 202 637 5528 |
| Party name: Cesar Alcaraz-Enriquez (No. 19-1156) | ||
| David J. Zimmer Counsel of Record | Goodwin Proctor LLP 100 Northern Ave. Boston, MA 02210 DZimmer@goodwinlaw.com | (617) 570-1000 |
| Party name: Ming Dai | ||
| Other | ||
| Ilana Hope Eisenstein Counsel of Record | DLA Piper LLP (US) 1650 Market Street Suite 5000 Philadelphia, PA 19103 ilana.eisenstein@dlapiper.com | 215-656-3300 |
| Party name: American Immigration Lawyers Association and 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 | ||
| Richard W. Mark Counsel of Record | Gibson, Dunn & Crutcher LLP 200 Park Avenue New York, NY 10166 RMark@gibsondunn.com | (212) 351-4000 |
| Party name: Thirty-Five Former Immigration Judges and Members of the Board of Immigration Appeals | ||
| Zachary Charles Schauf Counsel of Record | Jenner & Block, LLP 1099 New York Ave., NW Washington, DC 20001 ZSchauf@jenner.com | 202-637-6379 |
| Party name: Refugee Advocacy Organizations | ||