United States v. Sineneng-Smith
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 19-67 | Feb 25, 2020 | May 7, 2020 | 9-0 | Ginsburg | OT 2019 |
Holding: The U.S. Court of Appeals for the 9th Circuit panel"s drastic departure from the principle of party presentation constituted an abuse of discretion when the court reached out to decide a question never raised by the respondent, namely, whether 8 U. S. C. " 1324(a)(1)(A)(iv) is unconstitutionally overbroad.
Judgment: Vacated and remanded, 9-0, in an opinion by Justice Ginsburg on May 7, 2020. Justice Thomas filed a concurring opinion.
SCOTUSblog Coverage
- Live blog of opinions (Update: Completed) (Kalvis Golde, May 7, 2020)
- Opinion analysis: Lawyers should lawyer, judges should judge - The court remands Sineneng-Smith (Gabriel Chin, May 7, 2020)
- Argument analysis: Will a broad statute be saved by a narrowing construction? (Gabriel Chin, February 26, 2020)
- Argument preview: What does it mean to induce or encourage unlawful presence? (Gabriel Chin, February 19, 2020)
- Abortion, CFPB cases scheduled for February sitting (Amy Howe, November 26, 2019)
- Justices grant new cases for upcoming term, will tackle Louisiana abortion dispute (Amy Howe, October 4, 2019)
- Petitions of the week (Aurora Barnes, August 22, 2019)
| Date | Proceedings and Orders |
|---|---|
| 04/29/2019 | Application (18A1117) to extend the time to file a petition for a writ of certiorari from May 13, 2019 to June 12, 2019, submitted to Justice Kagan. |
| 04/30/2019 | Application (18A1117) granted by Justice Kagan extending the time to file until June 12, 2019. |
| 05/31/2019 | Application (18A1117) to extend further the time from June 12, 2019 to July 12, 2019, submitted to Justice Kagan. |
| 05/31/2019 | Application (18A1117) granted by Justice Kagan extending the time to file until July 12, 2019. |
| 07/12/2019 | Petition for a writ of certiorari filed. (Response due August 12, 2019) |
| 07/18/2019 | Motion to extend the time to file a response from August 12, 2019 to August 28, 2019, submitted to The Clerk. |
| 07/19/2019 | Motion to extend the time to file a response is granted and the time is extended to and including August 28, 2019. |
| 08/28/2019 | Brief of respondent Evelyn Sineneng-Smith in opposition filed. |
| 09/10/2019 | Reply of petitioner United States filed. |
| 09/11/2019 | DISTRIBUTED for Conference of 10/1/2019. |
| 10/04/2019 | Petition GRANTED. |
| 10/25/2019 | Motion for an extension of time to file the briefs on the merits filed. |
| 11/15/2019 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 2, 2019. The time to file respondent's brief on the merits is extended to and including January 15, 2020. |
| 11/26/2019 | SET FOR ARGUMENT on Tuesday, February 25, 2020. |
| 12/02/2019 | Joint appendix filed. |
| 12/02/2019 | Brief of petitioner United States filed. |
| 12/09/2019 | Brief amicus curiae of Eugene Volokh in support of neither party filed. |
| 12/09/2019 | Brief amicus curiae of Immigration Reform Law Institute filed. |
| 01/09/2020 | Record requested from the U.S.C.A. 9th Circuit. |
| 01/09/2020 | The record from the U.S.C.A. 9th Circuit is electronic and located on PACER. |
| 01/14/2020 | The record from the U.S.C.A. 9th Circuit and from the U.S.D.C. California Northern District (San Jose) is electronic and located on PACER, and sealed record material from both courts received by Clerk and available electronically. |
| 01/15/2020 | Brief of respondent Evelyn Sineneng-Smith filed. |
| 01/20/2020 | Brief amici curiae of The Rutherford Institute, et al. filed. (Distributed) |
| 01/21/2020 | CIRCULATED |
| 01/22/2020 | Brief amici curiae of Immigration Representatives and Organizations filed. (Distributed) |
| 01/22/2020 | Amicus brief of National Association of Criminal Defense Lawyers not accepted for filing. (January 28, 2020 - Corrected brief to be submitted.) |
| 01/22/2020 | Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed. (January 28, 2020). (Distributed) |
| 01/22/2020 | Brief amicus curiae of Amnesty International filed. (Distributed) |
| 01/22/2020 | Brief amici curiae of Religious Organizations filed. (Distributed) |
| 01/22/2020 | Brief amici curiae of The Electronic Frontier Foundation, et al. filed. (Distributed) |
| 01/22/2020 | Brief amicus curiae of The Cato Institute filed. (Distributed) |
| 01/22/2020 | Brief amici curiae of City and County of San Francisco, et al. filed. (Distributed) |
| 01/22/2020 | Brief amici curiae of Asian Americans Advancing Justice, et al. filed. (Distributed) |
| 02/14/2020 | Reply of petitioner United States filed. (Distributed) |
| 02/25/2020 | Argued. For petitioner: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: Mark C. Fleming, Boston, Mass. |
| 05/07/2020 | Judgment VACATED and case REMANDED. Ginsburg, J., delivered the opinion for a unanimous Court. Thomas, J., filed a concurring opinion. |
| 06/08/2020 | JUDGMENT ISSUED. |