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.
SCOTUSblog Coverage
- Opinion analysis: Court rejects agency interpretation of immigration statute, giving immigrant a chance at lawful residence (Jennifer Chacon, June 22, 2018)
- Symposium: Minimalism with radical potential (Gillian Metzger, June 22, 2018)
- Symposium: The court begins to strike back at the administrative state (Ilya Shapiro, June 22, 2018)
- A "view" from the courtroom: Inching toward checkout for the term (Mark Walsh, June 21, 2018)
- Argument analysis: Justices skeptical of governments reading of immigrant-removal provisions (Jennifer Chacon, April 24, 2018)
- Argument preview: Interpretation of removal statute raises deference questions (Jennifer Chacon, April 16, 2018)
- Court bulks up this terms docket (UPDATED) (Amy Howe, January 12, 2018)
Date | Proceedings and Orders |
---|---|
09/27/2017 | Petition for a writ of certiorari filed. (Response due October 30, 2017) |
10/25/2017 | Order extending time to file response to petition to and including November 29, 2017. |
10/30/2017 | Brief amicus curiae of American Immigration Lawyers Association filed. |
11/15/2017 | Motion to extend the time to file a response from November 29, 2017 to December 12, 2017, submitted to The Clerk. |
11/16/2017 | Order further extending time to file response to petition to and including December 12, 2017. |
12/12/2017 | Brief of respondent Jefferson B. Sessions, III, Attorney General in opposition filed. |
12/13/2017 | Waiver of the 14-day waiting period under Rule 15.5 filed by petitioner. |
12/19/2017 | Reply of petitioner Wescley Fonseca Pereira filed. |
12/20/2017 | DISTRIBUTED for Conference of 1/5/2018. |
01/08/2018 | DISTRIBUTED for Conference of 1/12/2018. |
01/12/2018 | Petition GRANTED. |
01/25/2018 | 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. |
02/21/2018 | Brief of petitioner Wescley Fonseca Pereira filed. |
02/21/2018 | Joint appendix filed. (Statement of costs filed.) |
02/23/2018 | SET FOR ARGUMENT on Monday, April 23, 2018. |
02/28/2018 | Brief amicus curiae of National Immigrant Justice Center filed. |
02/28/2018 | Brief amici curiae of American Immigration Lawyers Association, et al. filed. |
02/28/2018 | Brief amicus curiae of Former BIA Chairman & Immigration Judge Schmidt filed. |
03/07/2018 | CIRCULATED |
03/23/2018 | Brief of respondent Jefferson B. Sessions, III, Attorney General filed. (Distributed) |
03/30/2018 | Record requested from U.S.C.A. 1st Circuit. |
04/02/2018 | Record received from the U.S.C.A. 1st Circuit is electronic and located on PACER. |
04/13/2018 | Reply of petitioner Wescley Fonseca Pereira filed. (Distributed) |
04/23/2018 | Argued. For petitioner: David J. Zimmer, Boston, Mass. For respondent: Frederick Liu, Assistant to the Solicitor General, Department of Justice, Washington, D. C. |
06/21/2018 | Judgment 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. |
07/23/2018 | JUDGMENT ISSUED. |