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Docket for 03-878
No. 03-878
Vide 03-7434
Title:
A. Neil Clark, Field Office Director, Seattle, Washington, Immigration and Customs Enforcement, et al., Petitioners
v.
Sergio Suarez Martinez
Docketed:December 18, 2003
Linked with 03A401
Lower Ct:United States Court of Appeals for the Ninth Circuit
  Case Nos.:(03-35053)
  Decision Date:August 18, 2003
Questions Presented

~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Nov 6 2003 Application (03A401) to extend the time to file a petition for a writ of certiorari from November 16, 2003 to December 16, 2003, submitted to Justice O'Connor.
Nov 7 2003 Application (03A401) granted by Justice O'Connor extending the time to file until December 16, 2003.
Dec 16 2003 Petition for a writ of certiorari filed. (Response due January 20, 2004)
Jan 19 2004 Motion for leave to proceed in forma pauperis filed by respondent Sergio Suarez Martinez.
Feb 4 2004 DISTRIBUTED for Conference of February 20, 2004.
Feb 23 2004 DISTRIBUTED for Conference of February 27, 2004.
Mar 1 2004 Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Mar 1 2004 Petition GRANTED This case is consolidated with No. 03-7434, Benitez v. Wallis, and a total of one hour is allotted for oral argument.
Mar 11 2004 Motion to appoint counsel filed by respondent Sergio Suarez Martinez.
Mar 16 2004 Extension of time within which to file respondent's brief on the merits in No. 03-7434 to and including April 26, 2004.
Mar 24 2004 Motion DISTRIBUTED for Conference of April 16, 2004.
Apr 12 2004 Extension of time in No. 03-878 within which to file the joint appendix and petitioners' brief on the merits to and including May 7, 2004.
Apr 12 2004 Further extension of time in No. 03-7434 within which to file respondent's brief on the merits to and including May 7, 2004.
Apr 14 2004 Motion to dispense with printing the joint appendix filed by petitioner.
Apr 19 2004 Motion to appoint counsel filed by respondent GRANTED. Christine S. Dahl, Esq., of Portland, Oregon is appointed to serve as counsel for the respondent in this case.
Apr 26 2004 Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
May 7 2004 Brief of petitioners Phil Crawford, et al. filed.
May 7 2004 Brief amici curiae of Washington Legal Foundation, et al. filed. VIDED.
May 26 2004 Motion for additional time to argue and for divided argument filed by counsel for Martinez and Benitez. VIDED.
May 27 2004 Extension of time within which to file respondent's brief in No. 03-878 on the merits to and including July 19, 2004.
May 27 2004 Application (03A982) to extend the time to file a reply brief on the merits in No. 03-7434 from June 11, 2004, to July 17, 2004, submitted to Justice Kennedy.
May 28 2004 Application (03A982) granted by Justice Kennedy extending the time to file until July 16, 2004.
Jun 14 2004 The motion of Martinez and Benitez for divided argument is granted. The request for additional time for oral argument is denied.
Jul 9 2004 Application (04A32) to extend further the time for filing the reply brief on the merits in No. 03-7434 from July 16, 2004 to August 2, 2004, submitted to Justice Kennedy.
Jul 11 2004 Further extension of time within which to file respondent's brief on the merits in No. 03-878 to and including August 2, 2004.
Jul 12 2004 Application (04A32) granted by Justice Kennedy extending the time to file the reply brief on the merits to and including August 2, 2004.
Aug 2 2004 Brief amici curiae of Cuban American Bar Association, et al. filed.
Aug 2 2004 Record received from U.S.C.A. 9th Circuit. (1 folder)
Aug 2 2004 Brief amicus curiae of National Refugee Resettlement and Advocacy Organizations filed.
Aug 2 2004 Brief of respondent Sergio Suarez Martinez filed. (Distributed)
Aug 2 2004 Brief amici curiae of Religious Organizations, Church World Organization, et al. filed. (Distributed)
Aug 2 2004 Brief amici curiae of Stuart E. Eizenstat and Thomas W. Pickering filed. (Distributed)
Aug 3 2004 Record received from U.S. D. C. for District of Oregon. ( 1 envelope)
Aug 5 2004 CIRCULATED.
Aug 24 2004 SET FOR ARGUMENT Wednesday, October 13, 2004.
Sep 7 2004 Reply of petitioners A. Neil Clark, Field Office Director, Seattle, Washington, Immigration and Customs Enforcement, et al. filed. (Distributed)
Oct 13 2004 Argued. For Martinez: Christine S. Dahl, Assistant Federal Defender, Portland, Ore. For Benitez: John S. Mills, Jacksonville, Fla. For United States; Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D.C.
Jan 12 2005 Judgment is AFFIRMED and case REMANDED. Scalia, J., delivered the opinion of the Court, in which Stevens, O'Connor, Kennedy, Souter, Ginsburg, and Breyer, JJ., joined. O'Connor, J., filed a concurring opinion. Thomas, J., filed a dissenting opinion, in which Rehnquist, C.J., joined as to Part I-A.
Feb 14 2005 JUDGMENT ISSUED.
Mar 3 2005 Acknowledgement of receipt (02/17) of judgment from Clerk, United States Court of Appeals for the Ninth Circuit received.
Aug 12 2005 Record returned to U.S.C.A. for 9th Circuit.
Aug 12 2005 Record returned to U.S.D.C. for District of Oregon.



~~Name~~~~~~~~~~~~~~~~~~~~~    ~~~~~~~Address~~~~~~~~~~~~~~~~~~   ~~Phone~~~
Attorneys for Petitioners:
Paul D. Clement Acting Solicitor General(202) 514-2217
Department of Justice
Washington, DC  20530
Party name: A. Neil Clark, Field Office Director, Seattle, Washington, Immigration and Customs Enforcement, et al.
 
Edwin S. Kneedler Deputy Solicitor General(202) 514-2217
United States Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, DC  20530-0001
SupremeCtBriefs@USDOJ
Party name: A. Neil Clark, Field Office Director, Seattle, Washington, Immigration and Customs Enforcement, et al.
 
John S. Mills The Mills Firm PA(904) 765-0897
203 North Gadsden St., Suite 1A
Tallahassee, FL  32201
jmills@mills-appeals.com
Party name: A. Neil Clark, Field Office Director, Seattle, Washington, Immigration and Customs Enforcement, et al.
Attorneys for Respondent:
Christine Stebbins Dahl Assistant Federal Defender(503) 326-2123
    Counsel of Record 101 SW Main Street
Suite 1700
Portland, OR  97204
Party name: Sergio Suarez Martinez
 
Gregory Baka Acting Attorney General(670) 664-2341
Office of the Attorney General
Caller Box 10007, Capital Hill
Saipan, MP  96950-8907
Party name: Sergio Suarez Martinez
 
William H. Johnson Hogan & Hartson, LLP(202) 637-8852
555 Thirteenth St., NW
Washington, DC  20004
Party name: Cuban American Bar Association, et al.
Other:
Peter M. Friedman Weil, Gotshal & Manges LLP(202) 682-7000
1501 K Street, NW
Suite 100
Washington, DC  20005
Party name: National Refugee Resettlement and Advocacy Organizations
 
Scott B. Garner Howrey Simon Arnold & White(949) 721-6900
2020 main Street
Suite 1000
Irvine, CA  92614-8200
Party name: Religious Organizations, Church World Organization, et al.
 
David H. Remes 1106 Noyes Drive(202) 669-6508
Silver Spring, MD  20910
remesdh@gmail.com
Party name: Stuart E. Eizenstat and Thomas W. Pickering
 
Richard A. Samp Washington Legal Foundation(202) 588-0302
2009 Massachusetts Ave., NW
Washington, DC  20036
rsamp@wlf.org
Party name: Washington Legal Foundation, et al.

 

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