| No. 15-1204 | |
| Title: | David Jennings, et al., Petitioners v. Alejandro Rodriguez, et al., Individually and on Behalf of All Others Similarly Situated |
| Docketed: | March 28, 2016 |
| Linked with 15A747 | |
| Lower Ct: | United States Court of Appeals for the Ninth Circuit |
| Case Numbers: | (13-56706, 13-56755) |
| Decision Date: | October 28, 2015 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Jan 15 2016 | Application (15A747) to extend the time to file a petition for a writ of certiorari from January 26, 2016 to February 25, 2016, submitted to Justice Kennedy. |
| Jan 21 2016 | Application (15A747) granted by Justice Kennedy extending the time to file until February 25, 2016. |
| Feb 12 2016 | Application (15A747) to extend further the time from February 25, 2016 to March 26, 2016, submitted to Justice Kennedy. |
| Feb 16 2016 | Application (15A747) granted by Justice Kennedy extending the time to file until March 26, 2016. |
| Mar 25 2016 | Petition for a writ of certiorari filed. (Response due April 27, 2016) |
| Apr 18 2016 | Order extending time to file response to petition to and including May 24, 2016. |
| May 10 2016 | Brief of respondents Alejandro Rodriguez, et al. in opposition filed. |
| May 24 2016 | DISTRIBUTED for Conference of June 9, 2016. |
| May 24 2016 | Reply of petitioners David Jennings, et al. filed. (Distributed) |
| Jun 13 2016 | DISTRIBUTED for Conference of June 16, 2016. |
| Jun 20 2016 | Petition GRANTED. |
| Jul 27 2016 | The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 26, 2016. |
| Jul 27 2016 | The time to file respondents' brief on the merits is extended to and including October 17, 2016. |
| Aug 26 2016 | Joint appendix filed. (Statement of costs filed.) |
| Aug 26 2016 | Brief of petitioners David Jennings, et al. filed. |
| Aug 26 2016 | Copies of letter referenced in footnote 10 of petitioners' brief on the merits submitted. |
| Oct 03 2016 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents. |
| Oct 07 2016 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, from counsel for petitioners. |
| Oct 17 2016 | Brief of respondents Alejandro Rodriguez, et al. filed. |
| Oct 17 2016 | Response to petitioners’ letter of 8/26/16 submitted. |
| Oct 21 2016 | SET FOR ARGUMENT on Wednesday, November 30, 2016 |
| Oct 24 2016 | Brief amici curiae of Members of Asian Americans Advancing Justice filed. |
| Oct 24 2016 | Brief amici curiae of National Immigration Project of the National Lawyers Guild, and the Immigrant Legal Resource Center filed. |
| Oct 24 2016 | Brief amici curiae of American Immigration Council, and American Immigration Lawyers Association filed. |
| Oct 24 2016 | Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed. |
| Oct 24 2016 | Brief amici curiae of Detained Legal Services Providers filed. |
| Oct 24 2016 | Brief amici curiae of 43 Social Science Researchers and Professors filed. |
| Oct 24 2016 | Brief amici curiae of Professors of Constitutional, Immigration, and Administrative Law filed. (Distributed) |
| Oct 24 2016 | Brief amici curiae of Human Rights First, and International Law Scholars William Aceves, et al. filed. (Distributed) |
| Oct 24 2016 | Brief amici curiae of Americans for Immigrant Justice, et al. filed. (Distributed) |
| Oct 24 2016 | Brief amici curiae of Nine Retired Immigration Judges, and Board of Immigration Appeals Members filed. (Distributed) |
| Oct 24 2016 | Brief amicus curiae of United Nations High Commissioner for Refugees filed. (Distributed) |
| Oct 24 2016 | Brief amicus curiae of American Bar Association filed. (Distributed) |
| Oct 26 2016 | CIRCULATED. |
| Nov 01 2016 | Record requested from the U.S.C.A. 9th Circuit. |
| Nov 03 2016 | Record received from U.S.C.A. 9th Circuit is electronic and located on PACER. Sealed records also received is electronic. |
| Nov 16 2016 | Reply of petitioners David Jennings, et al. filed. (Distributed) |
| Nov 30 2016 | Argued. For petitioners: Ian H. Gershengorn, Acting Solicitor General, Department of Justice, Washington, D. C. For respondents: Ahilan T. Arulanantham, Los Angeles, Cal. |
| Dec 15 2016 | The parties are directed to file supplemental briefs addressing the following questions: 1) Whether the Constitution requires that aliens seeking admission to the United States who are subject to mandatory detention under 8 U.S.C. § 1225(b) must be afforded bond hearings, with the possibility of release into the United States, if detention lasts six months. 2) Whether the Constitution requires that criminal or terrorist aliens who are subject to mandatory detention under Section 1226(c) must be afforded bond hearings, with the possibility of release, if detention lasts six months. 3) Whether the Constitution requires that, in bond hearings for aliens detained for six months under Sections 1225(b), 1226(c), or 1226(a), the alien is entitled to release unless the government demonstrates by clear and convincing evidence that the alien is a flight risk or a danger to the community, whether the length of the alien’s detention must be weighed in favor of release, and whether new bond hearings must be afforded automatically every six months. The briefs are to be filed simultaneously with the Clerk and served upon opposing counsel on or before 2 p.m., Tuesday, January 17, 2017. Amicus briefs may be filed with the Clerk and served upon counsel on or before 2 p.m., Friday, January 27, 2017. Reply briefs are to be filed simultaneously with the Clerk and served upon opposing counsel on or before 2 p.m., Monday, February 6, 2017. The word limits and cover colors for the briefs should correspond to the provisions of Rule 33.1(g) pertaining to briefs on the merits rather than to the provision pertaining to supplemental briefs. |
| Dec 21 2016 | The time for the parties to file their supplemental briefs is extended to and including 2 p.m., Tuesday, January 31, 2017. Amicus briefs may be filed on or before 2 p.m., Friday, February 10, 2017. Reply briefs are to be filed on or before 2 p.m., Tuesday, February 21, 2017. |
| Jan 31 2017 | Supplemental brief of petitioners David Jennings, et al. filed. (Distributed) |
| Jan 31 2017 | Supplemental brief of respondents Alejandro Rodriguez, et al. filed. (Distributed) |
| Feb 10 2017 | Brief amici curiae of 29 U.S. Representatives: Chairman Robert Goodlatte, et al. in support of petitioners filed. (Distributed) |
| Feb 10 2017 | Brief amici curiae of National Immigration Project of the National Lawyers Guild, et al. in support of respondents filed. (Distributed) |
| Feb 10 2017 | Brief amici curiae of Americans for Immigrant Justice, et al. in support of respondents filed. (Distributed) |
| Feb 10 2017 | Brief amici curiae of Professors Stephen H. Legomsky and Stephen Yale-Loehr in support of respondents filed. (Distributed) |
| Feb 10 2017 | Brief amicus curiae of American Bar Association in support of respondents filed. (Distributed) |
| Feb 10 2017 | Brief amici curiae of States of California, et al. in support of respondents filed. (Distributed) |
| Feb 10 2017 | Brief amici curiae of County of Santa Clara California, and 19 additional counties, et al. in support of respondents filed. (Distributed) |
| Feb 10 2017 | Brief amicus curiae of Human Rights First in support of respondents (To Be Recovered) filed. (Distributed) |
| Feb 10 2017 | Brief amicus curiae in support of petitioners of Eagle Forum Education & Legal Defense Fund filed. (Distributed) |
| Feb 21 2017 | Supplemental reply brief of respondents Alejandro Rodriguez, et al. filed. (Distributed) |
| Feb 21 2017 | Supplemental reply brief of petitioners David Jennings, et al. filed. (Distributed) |
| Mar 02 2017 | Letter received from counsel for Respondents (Distributed) |
| Jun 26 2017 | This case is restored to the calendar for reargument. |
| Jul 19 2017 | SET FOR REARGUMENT on Tuesday, October 3, 2017. |
| Aug 01 2017 | Record requested from the U.S.C.A. 9th Circuit. |
| Aug 03 2017 | Record received from the U.S.C.A. 9th Circuit is electronic. |
| Aug 03 2017 | Record received from the U.S.D.C. District of Central California is electronic. |
| Oct 03 2017 | Argued. For petitioners: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents: Ahilan T. Arulanantham, Los Angeles, Cal. |
| Nov 10 2017 | Letter from Clerk of Court to counsel of record noting that Justice Kagan will not continue to participate in this case. |
| Dec 27 2017 | Letter of respondents Alejandro Rodriguez, et al. filed. (Distributed) |
| Main Document | |
| Feb 27 2018 | Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion of the Court, except as to Part II. Roberts, C. J., and Kennedy, J., joined that opinion in full; Thomas and Gorsuch, JJ., joined as to all but Part II; and Sotomayor, J., joined as to Part III-C. Thomas, J., filed an opinion concurring in part and concurring in the judgment, in which Gorsuch, J., joined except for footnote 6. Breyer, J., filed a dissenting opinion, in which Ginsburg and Sotomayor, JJ., joined. Kagan, J., took no part in the decision of the case. |
| Apr 02 2018 | JUDGMENT ISSUED. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioners | ||
| Noel J. Francisco Counsel of Record | Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SupremeCtBriefs@USDOJ.gov | 202-514-2217 |
| Party name: David Jennings, et al. | ||
| Edwin Smiley Kneedler | 10th & Constitution Ave Washington, DC 20530 Judith.L.Reardon-Bridges@usdoj.gov | 202-514-2217 |
| Party name: David Jennings, et al. | ||
| Malcolm L. Stewart | Department of Justice 10th & Pennsylvania Avenue, NW Room 5627 Washington, DC 20530 | (202) 514-4218 |
| Party name: David Jennings, et al. | ||
| Attorneys for Respondents | ||
| Ahilan T. Arulanantham Counsel of Record | ACLU Foundation of Southern CA 1313 West Eighth ST. Los Angeles, CA 90017 aarulanantham@aclusocal.org | (213)-977-5211 |
| Party name: Alejandro Rodriguez, et al. | ||
| Other | ||
| Dennis Auerbach | Covington & Burling LLP One CityCenter 850 Tenth Street, NW Washington, DC 20001-4956 dauerbach@cov.com | (202) 662-6000 |
| Party name: Professors of Constitutional, Immigration, and Administrative Law | ||
| James Joseph Beha II. | Morrison & Foerster 250 West 55th Street New York, NY 10019 jbeha@mofo.com | (212) 468-8784 |
| Party name: Nine Retired Immigration Judges, and Board of Immigration Appeals Members | ||
| Anjan Choudhury | Munger Tolles & Olson LLP 355 S. Grand Avenue 35th Floor Los Angeles, CA 90071 anjan.choudhury@mto.com | (213) 683-9100 |
| Party name: Members of Asian Americans Advancing Justice | ||
| Kelsi Brown Corkran | Orrick Herrington & Sutcliffe LLP 1152 15th Street, NW Washington, DC 20005 kcorkran@orrick.com | (202) 339-8400 |
| Party name: 43 Social Science Researchers and Professors | ||
| Alina Das | Washington Square Legal Services, Inc. 245 Sullivan Street, 5th Floor New York, NY 10012 alina.das@nyu.edu | (212) 998-6430 |
| Party name: Americans for Immigrant Justice, et al. | ||
| James J. Farrell | Latham & Watkins LLP 355 South Grand Avenue Los Angeles, CA 90071 james.farrell@lw.com | (213)-485-1234 |
| Party name: National Association of Criminal Defense Lawyers, et al. | ||
| Mark C. Fleming | Wilmer Cutler Pickering Hale & Dorr LLP 60 State Street Boston, MA 02109 mark.fleming@wilmerhale.com | (617) 526-6000 |
| Party name: American Immigration Council, and American Immigration Lawyers Association | ||
| Justin G. Florence | Ropes & Gray LLP Prudential Tower 800 Boylston Street Boston, MA 02199 justin.florence@ropesgray.com | (617) 951-7000 |
| Party name: Professors Stephen Legomsky, and Stephen Yale-Loehr in support of respondents | ||
| David C. Frederick | Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C. 1615 M Street, N.W., Suite 400 Washington, DC 20036 dfrederick@kellogghansen.com | (202) 326-7900 |
| Party name: National Immigration Project of the National Lawyers Guild, and the Immigrant Legal Resource Center | ||
| Eugene Martin Gelernter | Paterson Belknap Webb & Tyler LLP 1133 Avenue of the Amer.icas New York, NY 10036 emgelernter@pbwt.com | 0212-336-2000 |
| Party name: Human Rights First in support of respondents (To Be Recovered) | ||
| Greta Suzanne Hansen | Lead Deputy County Counsel Office of the County Counsel County of Santa Clara, California 70 W. Hedding Street , 9th Floor East Wing San Jose, CA 95110 greta.hansen@cco.sccgov.org | (408) 299-5902 |
| Party name: County of Santa Clara California, and 19 Additional Counties | ||
| Steven A. Hirsch | Keker & Van Nest, LLP 633 Battery Street San Francisco, CA 94111 shirsch@kvn.com | (415) 391-5400 |
| Party name: National Immigration Project of the National Lawyers Guild, et al. | ||
| Lawrence J. Joseph | 1250 Connecticut Ave., NW Suite 200 Washington, DC 20036 lj@larryjoseph.com | (202) 355-9452 |
| Party name: Eagle Forum Education & Legal Defense Fund in support of petitioners Eagle Forum Education & Legal Defense Fund | ||
| Linda A. Klein | President American Bar Association 321 North Clark Street Chicago, IL 60654 abapresident@americanbar.org | (312) 988-5000 |
| Party name: American Bar Association in support of respondents | ||
| Brian J. Murray | Jones Day 77 West Wacker Chicago, IL 60601 bjmurray@jonesday.com | (312) 782-3939 |
| Party name: Detained Legal Services Providers | ||
| Amy Mason Saharia | Williams & Connolly LLP 725 Twelfth Street NW Washington, D.C., DC 20005 asaharia@wc.com | (202) 434-5000 |
| Party name: United Nations High Commissioner for Refugees | ||
| Richard A. Samp | Washington Legal Foundation 2009 Massachusetts Avenue, N.W. Washington, DC 20036 rsamp@wlf.org | (202) 588-0302 |
| Party name: 29 U.S. Representatives; chairman Robert Goodlatte, et al.. | ||
| Samuel Passchier Siegel | Associate Deputy Solicitor General 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102 Sam.Siegel@doj.ca.gov | (415) 703-2540 |
| Party name: State of California, et al. | ||