No. 19-1155
Title:Merrick B. Garland, Attorney General, Petitioner
v.
Ming Dai
Docketed:March 20, 2020
Linked with 19A781
Lower Ct:United States Court of Appeals for the Ninth Circuit
   Case Numbers:(15-70776)
   Decision Date:March 8, 2018
   Rehearing Denied:October 22, 2019
  Discretionary Court Decision Date:
Questions Presented

DateProceedings and Orders
Jan 10 2020Application (19A781) to extend the time to file a petition for a writ of certiorari from January 20, 2020 to February 19, 2020, submitted to Justice Kagan.
Main Document
Jan 10 2020Pursuant to Rule 34.6 and Paragraph 9 of the Guidelines for the Submission of Documents to the Supreme Court's Electronic Filing System, filings in this case should be submitted in paper form only, and should not be submitted through the Court's electronic filing system.
Jan 10 2020Application (19A781) granted by Justice Kagan extending the time to file until February 19, 2020.
Feb 07 2020Application (19A781) to extend further the time from February 19, 2020 to March 20, 2020, submitted to Justice Kagan.
Written Request
Feb 07 2020Application (19A781) granted by Justice Kagan extending the time to file until March 20, 2020.
Mar 20 2020Petition for a writ of certiorari filed. (Response due April 20, 2020)
PetitionAppendix
Apr 13 2020Motion to extend the time to file a response from April 20, 2020 to June 19, 2020, submitted to The Clerk.
Main Document
Apr 16 2020Motion to extend the time to file a response is granted and the time is extended to and including June 19, 2020.
Apr 20 2020Brief amicus curiae of Immigration Reform Law Institute filed.
Jun 19 2020Brief of respondent Ming Dai in opposition filed.
Jul 08 2020DISTRIBUTED for Conference of 9/29/2020.
Jul 17 2020Reply of petitioner William P. Barr, Attorney General filed. (Distributed)
Main Document
Oct 02 2020Petition GRANTED. The petition for a writ of certiorari in No. 19-1156 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
Oct 02 2020As 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.
Oct 02 2020Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 19-1155. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-1155. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
Nov 16 2020Joint appendix filed. (Statement of costs filed 5/12/21). VIDED.
Main DocumentProof of Service
Nov 16 2020Brief of petitioner William P. Barr, Attorney General filed. VIDED.
Main DocumentCertificate of Word Count
Dec 01 2020Motion for an extension of time to file respondents' briefs on the merits filed. VIDED.
Main Document
Dec 03 2020Motion to extend the time to file respondents' briefs on the merits granted and the time is extended to and including January 4, 2021. VIDED.
Dec 31 2020SET FOR ARGUMENT on Tuesday, February 23, 2021. VIDED.
Jan 04 2021Brief of respondent Cesar Alcaraz-Enriquez filed (19-1156).
Main DocumentCertificate of Word CountProof of Service
Jan 04 2021Brief of respondent Ming Dai filed (19-1155).
Main DocumentCertificate of Word CountProof of Service
Jan 04 2021Joint motion for divided argument filed by respondents. VIDED.
Main DocumentProof of Service
Jan 11 2021Brief amici curiae of Refugee Advocacy Organizations filed. VIDED.
Main DocumentCertificate of Word CountProof of Service
Jan 11 2021Brief amici curiae of Thirty-Five Former Immigration Judges and Members of the Board of Immigration Appeals filed. VIDED.
Main DocumentCertificate of Word CountProof of Service
Jan 11 2021Brief amici curiae of American Immigration Lawyers Association and National Immigrant Justice Center filed. VIDED.
Main DocumentProof of ServiceCertificate of Word Count
Jan 14 2021CIRCULATED
Jan 19 2021Motion for divided argument filed by respondents GRANTED. VIDED.
Jan 25 2021Record requested from the U.S.C.A. 9th Circuit.
Jan 28 2021Record from the U.S.C.A. 9th Circuit electronic and located on Pacer. Sealed documents in this record was filed electronically.
Feb 03 2021Reply of petitioner Robert M. Wilkinson, Acting Attorney General filed. VIDED. (Distributed)
Main DocumentProof of Service
Feb 23 2021Argued. For petitioner: Colleen R. Sinzdak, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent in 19-1156: Neal K. Katyal, Washington, D. C. For respondent in 19-1155: David J. Zimmer, Boston, Mass. VIDED.
Jun 01 2021Judgment VACATED and case REMANDED. Gorsuch, J., delivered the opinion for a unanimous Court. VIDED.
Jul 06 2021JUDGMENT ISSUED.

NAMEADDRESSPHONE
Attorneys for Petitioner
Elizabeth B. Prelogar
    Counsel of Record
Acting Solicitor General
United States Department of Justice 950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

SupremeCtBriefs@USDOJ.gov
202-514-2217
Party name: Merrick B. Garland, Attorney General
Attorneys for Respondent
Neal Kumar Katyal
    Counsel of Record
Hogan Lovells US LLP
555 Thirteenth St., N.W.
Washington, DC 20004

neal.katyal@hoganlovells.com
202 637 5528
Party name: Cesar Alcaraz-Enriquez (No. 19-1156)
David J. Zimmer
    Counsel of Record
Goodwin Proctor LLP
100 Northern Ave.
Boston, MA 02210

DZimmer@goodwinlaw.com
(617) 570-1000
Party name: Ming Dai
Other
Ilana Hope Eisenstein
    Counsel of Record
DLA Piper LLP (US)
1650 Market Street
Suite 5000
Philadelphia, PA 19103

ilana.eisenstein@dlapiper.com
215-656-3300
Party name: American Immigration Lawyers Association and National Immigrant Justice Center
Christopher J. Hajec
    Counsel of Record
Immigration Reform Law Institute
25 Massachusetts Avenue NW, Suite 335
Washington, DC 20001

chajec@irli.org
202-232-5590
Party name: Immigration Reform Law Institute
Richard W. Mark
    Counsel of Record
Gibson, Dunn & Crutcher LLP
200 Park Avenue
New York, NY 10166

RMark@gibsondunn.com
(212) 351-4000
Party name: Thirty-Five Former Immigration Judges and Members of the Board of Immigration Appeals
Zachary Charles Schauf
    Counsel of Record
Jenner & Block, LLP
1099 New York Ave., NW
Washington, DC 20001

ZSchauf@jenner.com
202-637-6379
Party name: Refugee Advocacy Organizations