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Pereira v. Sessions

Docket No. Argument Opinion Vote Author Term
17-459 Apr 23, 2018 Jun 21, 2018 8-1 Sotomayor OT 2017

Holding: A putative notice sent to a nonpermanent resident to appear at a removal proceeding that fails to designate a specific time or place for that proceeding does not end the continuous residence period calculation necessary for possible cancellation of the individual"s removal.

Judgment: Reversed and remanded, 8-1, in an opinion by Justice Sotomayor on June 21, 2018. Justice Kennedy filed a concurring opinion. Justice Alito filed a dissenting opinion.

DateProceedings and Orders (key to color coding)
09/27/2017Petition for a writ of certiorari filed. (Response due October 30, 2017)
10/25/2017Order extending time to file response to petition to and including November 29, 2017.
10/30/2017Brief amicus curiae of American Immigration Lawyers Association filed.
11/15/2017Motion to extend the time to file a response from November 29, 2017 to December 12, 2017, submitted to The Clerk.
11/16/2017Order further extending time to file response to petition to and including December 12, 2017.
12/12/2017Brief of respondent Jefferson B. Sessions, III, Attorney General in opposition filed.
12/13/2017Waiver of the 14-day waiting period under Rule 15.5 filed by petitioner.
12/19/2017Reply of petitioner Wescley Fonseca Pereira filed.
12/20/2017DISTRIBUTED for Conference of 1/5/2018.
01/08/2018DISTRIBUTED for Conference of 1/12/2018.
01/12/2018Petition GRANTED.
01/25/2018As 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.
02/21/2018Brief of petitioner Wescley Fonseca Pereira filed.
02/21/2018Joint appendix filed. (Statement of costs filed.)
02/23/2018SET FOR ARGUMENT on Monday, April 23, 2018.
02/28/2018Brief amicus curiae of National Immigrant Justice Center filed.
02/28/2018Brief amici curiae of American Immigration Lawyers Association, et al. filed.
02/28/2018Brief amicus curiae of Former BIA Chairman & Immigration Judge Schmidt filed.
03/07/2018CIRCULATED
03/23/2018Brief of respondent Jefferson B. Sessions, III, Attorney General filed. (Distributed)
03/30/2018Record requested from U.S.C.A. 1st Circuit.
04/02/2018Record received from the U.S.C.A. 1st Circuit is electronic and located on PACER.
04/13/2018Reply of petitioner Wescley Fonseca Pereira filed. (Distributed)
04/23/2018Argued. For petitioner: David J. Zimmer, Boston, Mass. For respondent: Frederick Liu, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
06/21/2018Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, Ginsburg, Breyer, Kagan, and Gorsuch, JJ., joined. Kennedy, J., filed a concurring opinion. Alito, J., filed a dissenting opinion.
07/23/2018JUDGMENT ISSUED.