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
   Rehearing Denied:
  Discretionary Court Decision Date:
Analyst:
Questions Presented

DateProceedings and Orders
Jan 15 2016Application (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 2016Application (15A747) granted by Justice Kennedy extending the time to file until February 25, 2016.
Feb 12 2016Application (15A747) to extend further the time from February 25, 2016 to March 26, 2016, submitted to Justice Kennedy.
Feb 16 2016Application (15A747) granted by Justice Kennedy extending the time to file until March 26, 2016.
Mar 25 2016Petition for a writ of certiorari filed. (Response due April 27, 2016)
Apr 18 2016Order extending time to file response to petition to and including May 24, 2016.
May 10 2016Brief of respondents Alejandro Rodriguez, et al. in opposition filed.
May 24 2016DISTRIBUTED for Conference of June 9, 2016.
May 24 2016Reply of petitioners David Jennings, et al. filed. (Distributed)
Jun 13 2016DISTRIBUTED for Conference of June 16, 2016.
Jun 20 2016Petition GRANTED.
Jul 27 2016The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 26, 2016.
Jul 27 2016The time to file respondents' brief on the merits is extended to and including October 17, 2016.
Aug 26 2016Joint appendix filed. (Statement of costs filed.)
Aug 26 2016Brief of petitioners David Jennings, et al. filed.
Aug 26 2016Copies of letter referenced in footnote 10 of petitioners' brief on the merits submitted.
Oct 03 2016Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents.
Oct 07 2016Consent to the filing of amicus curiae briefs, in support of either party or of neither party, from counsel for petitioners.
Oct 17 2016Brief of respondents Alejandro Rodriguez, et al. filed.
Oct 17 2016Response to petitioners’ letter of 8/26/16 submitted.
Oct 21 2016SET FOR ARGUMENT on Wednesday, November 30, 2016
Oct 24 2016Brief amici curiae of Members of Asian Americans Advancing Justice filed.
Oct 24 2016Brief amici curiae of National Immigration Project of the National Lawyers Guild, and the Immigrant Legal Resource Center filed.
Oct 24 2016Brief amici curiae of American Immigration Council, and American Immigration Lawyers Association filed.
Oct 24 2016Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.
Oct 24 2016Brief amici curiae of Detained Legal Services Providers filed.
Oct 24 2016Brief amici curiae of 43 Social Science Researchers and Professors filed.
Oct 24 2016Brief amici curiae of Professors of Constitutional, Immigration, and Administrative Law filed. (Distributed)
Oct 24 2016Brief amici curiae of Human Rights First, and International Law Scholars William Aceves, et al. filed. (Distributed)
Oct 24 2016Brief amici curiae of Americans for Immigrant Justice, et al. filed. (Distributed)
Oct 24 2016Brief amici curiae of Nine Retired Immigration Judges, and Board of Immigration Appeals Members filed. (Distributed)
Oct 24 2016Brief amicus curiae of United Nations High Commissioner for Refugees filed. (Distributed)
Oct 24 2016Brief amicus curiae of American Bar Association filed. (Distributed)
Oct 26 2016CIRCULATED.
Nov 01 2016Record requested from the U.S.C.A. 9th Circuit.
Nov 03 2016Record received from U.S.C.A. 9th Circuit is electronic and located on PACER. Sealed records also received is electronic.
Nov 16 2016Reply of petitioners David Jennings, et al. filed. (Distributed)
Nov 30 2016Argued. For petitioners: Ian H. Gershengorn, Acting Solicitor General, Department of Justice, Washington, D. C. For respondents: Ahilan T. Arulanantham, Los Angeles, Cal.
Dec 15 2016The 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 2016The 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 2017Supplemental brief of petitioners David Jennings, et al. filed. (Distributed)
Jan 31 2017Supplemental brief of respondents Alejandro Rodriguez, et al. filed. (Distributed)
Feb 10 2017Brief amici curiae of 29 U.S. Representatives: Chairman Robert Goodlatte, et al. in support of petitioners filed. (Distributed)
Feb 10 2017Brief amici curiae of National Immigration Project of the National Lawyers Guild, et al. in support of respondents filed. (Distributed)
Feb 10 2017Brief amici curiae of Americans for Immigrant Justice, et al. in support of respondents filed. (Distributed)
Feb 10 2017Brief amici curiae of Professors Stephen H. Legomsky and Stephen Yale-Loehr in support of respondents filed. (Distributed)
Feb 10 2017Brief amicus curiae of American Bar Association in support of respondents filed. (Distributed)
Feb 10 2017Brief amici curiae of States of California, et al. in support of respondents filed. (Distributed)
Feb 10 2017Brief amici curiae of County of Santa Clara California, and 19 additional counties, et al. in support of respondents filed. (Distributed)
Feb 10 2017Brief amicus curiae of Human Rights First in support of respondents (To Be Recovered) filed. (Distributed)
Feb 10 2017Brief amicus curiae in support of petitioners of Eagle Forum Education & Legal Defense Fund filed. (Distributed)
Feb 21 2017Supplemental reply brief of respondents Alejandro Rodriguez, et al. filed. (Distributed)
Feb 21 2017Supplemental reply brief of petitioners David Jennings, et al. filed. (Distributed)
Mar 02 2017Letter received from counsel for Respondents (Distributed)
Jun 26 2017This case is restored to the calendar for reargument.
Jul 19 2017SET FOR REARGUMENT on Tuesday, October 3, 2017.
Aug 01 2017Record requested from the U.S.C.A. 9th Circuit.
Aug 03 2017Record received from the U.S.C.A. 9th Circuit is electronic.
Aug 03 2017Record received from the U.S.D.C. District of Central California is electronic.
Oct 03 2017Argued. For petitioners: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents: Ahilan T. Arulanantham, Los Angeles, Cal.
Nov 10 2017Letter from Clerk of Court to counsel of record noting that Justice Kagan will not continue to participate in this case.

NAMEADDRESSPHONE
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 S. Kneedler
    Counsel of Record
Deputy Solicitor General
United States Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, DC 20530-0001

SupremeCtBriefs@USDOJ
(202) 514-2217
Party name: David Jennings, et al.
Malcolm L. StewartDepartment 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 AuerbachCovington & 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 ChoudhuryMunger 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 CorkranOrrick 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 DasWashington 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. FarrellLatham & 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. FlemingWilmer 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. FlorenceRopes & 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. FrederickKellogg, 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 GelernterPaterson 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 HansenLead 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. HirschKeker & 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. Joseph1250 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. KleinPresident
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. MurrayJones Day
77 West Wacker
Chicago, IL 60601

bjmurray@jonesday.com
(312) 782-3939
Party name: Detained Legal Services Providers
Amy Mason SahariaWilliams & 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. SampWashington 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 SiegelAssociate 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.