Mellouli v. Lynch

Linked with:

Madrigal-Barcenas v. Holder

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
13-1034	8th Cir.	Jan 14, 2015	Jun 1, 2015	7-2	Ginsburg	OT 2014

Holding: A non-citizen"s state conviction for concealing unnamed pills in his sock did not trigger removal under 8 U.S.C. " 1227(a)(2)(B)(i), which authorizes the deportation of an alien "convicted of a violation of . . . any law or regulation of a state, the United States, or a foreign country related to a controlled substance."

Judgment: Reversed, 7-2, in an opinion by Justice Ginsburg on June 1, 2015. Justice Thomas filed a dissenting opinion, in which Justice Alito joined.

SCOTUSblog Coverage

Mellouli case may be ending (Lyle Denniston, October 6, 2015)
Court saves Mellouli's fate for itself (Lyle Denniston, August 23, 2015)
The "sock removal" case continues: Mellouli v. Lynch and compliance with the Courts mandate (Kevin Johnson, August 18, 2015)
Opinion analysis: Court rejects removal based on misdemeanor drug paraphernalia conviction (Kevin Johnson, June 1, 2015)
A view from the Courtroom: Elonis and other June 1 decisions (Mark Walsh, June 1, 2015)
Argument analysis: Mellouli v. Holder and removal for a misdemeanor drug paraphernalia (sock) conviction (Kevin Johnson, January 15, 2015)
Argument preview: Removal for a misdemeanor drug paraphernalia conviction (Kevin Johnson, January 2, 2015)

Date	Proceedings and Orders (key to color coding)
01/14/2014	Application (13A746) to extend the time to file a petition for a writ of certiorari from January 26, 2014 to February 26, 2014, submitted to Justice Alito.
01/17/2014	Application (13A746) granted by Justice Alito extending the time to file until February 25, 2014.
02/25/2014	Petition for a writ of certiorari filed. (Response due March 31, 2014)
03/26/2014	Order extending time to file response to petition to and including April 30, 2014.
04/29/2014	Order further extending time to file response to petition to and including May 14, 2014.
05/14/2014	Brief of respondent Eric H. Holder, Jr., Attorney General in opposition filed.
05/29/2014	Reply of petitioner Moones Mellouli filed.
06/03/2014	DISTRIBUTED for Conference of June 19, 2014.
06/23/2014	DISTRIBUTED for Conference of June 26, 2014.
06/30/2014	Petition GRANTED.
08/05/2014	The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 17, 2014.
08/05/2014	The time to file respondent's brief on the merits is extended to and including November 20, 2014.
09/12/2014	Proposal from counsel for the petitioner to lodge a one-page report from the Kansas Sentencing Commission of September 3, 2014.
09/15/2014	Consent to the filing of amicus curiae briefs in support of either party or neither party received from counsel for the petitioner.
09/17/2014	Joint appendix filed. (Statement of costs filed.)
09/17/2014	Brief of petitioner Moones Mellouli filed.
09/24/2014	Brief amicus curiae of Immigration Law Professors filed.
09/24/2014	Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.
09/24/2014	Brief amici curiae of National Immigrant Justice Center, et al. filed.
11/20/2014	Brief of respondent Eric H. Holder, Jr., Attorney General filed.
11/21/2014	SET FOR ARGUMENT ON Wednesday, January 14, 2015
12/02/2014	CIRCULATED.
12/02/2014	Record request from U.S.C.A. 8th Circuit.
12/17/2014	Record receive from U.S.C.A. 8th Circuit. (1 Envelope)
12/22/2014	Reply of petitioner Moones Mellouli filed. (Distributed).
01/14/2015	Argued. For petitioner: Jon Laramore, Indianapolis, Ind. For respondent: Rachel P. Kovner, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
06/01/2015	Judgment REVERSED. Ginsburg, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, Breyer, Sotomayor, and Kagan, JJ., joined. Thomas, J., filed a dissenting opinion, in which Alito, J., joined.
07/06/2015	JUDGMENT ISSUED.
07/21/2015	Record from U.S.C.A. 8th Circuit has been returned.