Luna Torres v. Lynch
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 14-1096 | 2d Cir. | Nov 3, 2015 | May 19, 2016 | 5-3 | Kagan | OT 2015 |
Holding: A state offense counts as an "aggravated felony" for purposes of Section 1101(a)(43) of the Immigration and Nationality Act, which contains a long list of offenses that can render a non-citizen deportable and further specifies that an offense listed in the statute is an aggravated felony whether it is in violation of federal, state, or foreign law, when it has every element of a listed federal crime except one requiring a connection to interstate or foreign commerce.
Judgment: Affirmed, 5-3, in an opinion by Justice Kagan on May 19, 2016. Justice Sotomayor filed a dissenting opinion, in which Justices Thomas and Breyer joined.
SCOTUSblog Coverage
- Opinion analysis: An emerging divide over text vs. context in interpreting federal immigration law? (Steve Vladeck, May 19, 2016)
- Argument analysis: The surprising absence of canons from a debate over the meaning of ambiguous statutory text (Steve Vladeck, November 4, 2015)
- Argument preview: Can a state-law crime be “described in” a federal statute that has a unique jurisdictional element? (Steve Vladeck, October 29, 2015)
- Criminal law grants for the October Term 2015 (Rory Little, July 23, 2015)
- Petition of the day (Maureen Johnston, April 15, 2015)
| Date | Proceedings and Orders |
|---|---|
| Jan 13 2015 | Application (14A770) to extend the time to file a petition for a writ of certiorari from February 5, 2015 to March 9, 2015, submitted to Justice Ginsburg. |
| Jan 16 2015 | Application (14A770) granted by Justice Ginsburg extending the time to file until March 9, 2015. |
| Mar 9 2015 | Petition for a writ of certiorari filed. (Response due April 10, 2015) |
| Apr 2 2015 | Order extending time to file response to petition to and including May 11, 2015. |
| May 6 2015 | Order further extending time to file response to petition to and including May 18, 2015. |
| May 18 2015 | Brief of respondent Loretta E. Lynch, Attorney General in opposition filed. |
| May 27 2015 | Reply of petitioner Jorge Luna Torres filed. |
| Jun 2 2015 | DISTRIBUTED for Conference of June 18, 2015. |
| Jun 22 2015 | DISTRIBUTED for Conference of June 25, 2015. |
| Jun 29 2015 | Petition GRANTED. |
| Jul 9 2015 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 18, 2015. |
| Jul 9 2015 | The time to file respondent's brief on the merits is extended to and including September 22, 2015. |
| Jul 16 2015 | Motion to dispense with printing the joint appendix filed by petitioner Jorge Luna Torres. |
| Aug 18 2015 | Brief of petitioner Jorge Luna Torres filed. |
| Aug 25 2015 | Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed. |
| Aug 25 2015 | Brief amici curiae of National Immigrant Justice Center, et al. filed. |
| Aug 28 2015 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| Sep 9 2015 | SET FOR ARGUMENT on Tuesday, November 3, 2015 |
| Sep 10 2015 | Record requested from the U.S.C.A. 2nd Circuit. |
| Sep 16 2015 | Record received from U.S.C.A. 2nd Circuit is electronic. |
| Sep 22 2015 | Brief of respondent Loretta E. Lynch, Attorney General filed. |
| Sep 29 2015 | CIRCULATED |
| Oct 14 2015 | Reply of petitioner Jorge Luna Torres filed. (Distributed) |
| Nov 3 2015 | Argued. For petitioner: Matthew L. Guadagno, New York, N. Y. For respondent: Elaine J. Goldenberg, Assistant to the Solicitor General, Department of Justice, Washington, D. C. |
| May 19 2016 | Adjudged to be AFFIRMED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, and Alito, JJ., joined. Sotomayor, J., filed a dissenting opinion, in which Thomas and Breyer, JJ., joined. |
| Jun 20 2016 | JUDGMENT ISSUED |
