No. 19-5410
 
Title: Charles Borden, Jr., Petitioner
v.
United States
Docketed: July 31, 2019
Lower Ct: United States Court of Appeals for the Sixth Circuit
   Case Numbers: (18-5409)
   Decision Date: April 25, 2019
Questions Presented
 
Proceedings and Orders
Jul 24 2019 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 30, 2019)
Motion for Leave to Proceed in Forma Pauperis Petition Appendix Certificate of Word Count Proof of Service
Aug 20 2019 Motion to extend the time to file a response from August 30, 2019 to September 30, 2019, submitted to The Clerk.
Main Document
Aug 21 2019 Motion to extend the time to file a response is granted and the time is extended to and including September 30, 2019.
Sep 24 2019 Motion to extend the time to file a response from September 30, 2019 to October 21, 2019, submitted to The Clerk.
Main Document
Sep 25 2019 Motion to extend the time to file a response is granted and the time is further extended to and including October 21, 2019.
Sep 25 2019 Supplemental brief of petitioner Charles Borden, Jr. filed.
Main Document Certificate of Word Count Proof of Service
Oct 21 2019 Response to petition from respondent United States of America filed.
Main Document Certificate of Word Count
Oct 29 2019 Waiver of the 14-day waiting period under 15.5 filed.
Main Document
Oct 31 2019 DISTRIBUTED for Conference of 11/15/2019.
Nov 07 2019 Rescheduled.
Dec 30 2019 DISTRIBUTED for Conference of 1/17/2020.
Jan 23 2020 Letter of petitioner Charles Borden, Jr. filed.
Main Document
Feb 14 2020 DISTRIBUTED for Conference of 2/21/2020.
Feb 24 2020 DISTRIBUTED for Conference of 2/28/2020.
Mar 02 2020 Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED limited to Question 1 presented by the petition.
Mar 05 2020 Motion for an extension of time to file the briefs on the merits filed.
Main Document
Mar 16 2020 Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including April 27, 2020. The time to file respondent's brief on the merits is extended to and including June 8, 2020.
Mar 22 2020 Motion to dispense with printing the joint appendix filed by petitioner Charles Borden, Jr.
Main Document Proof of Service
Apr 20 2020 Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Apr 27 2020 Brief of petitioner Charles Borden, Jr. filed.
Main Document Certificate of Word Count Proof of Service
Apr 30 2020 Blanket Consent filed by Petitioner, Charles Borden, Jr.
Blanket Consent
May 04 2020 Brief amici curiae of Law Professors Leah Litman, et al. filed.
Main Document Certificate of Word Count Proof of Service
May 04 2020 Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Main Document Certificate of Word Count Proof of Service
May 04 2020 Brief amicus curiae of Americans for Prosperity Foundation filed.
Main Document Certificate of Word Count Proof of Service
May 04 2020 Brief amici curiae of Immigrant Rights Organizations filed.
Main Document Certificate of Word Count Proof of Service
May 04 2020 Brief amicus curiae of National Association of Federal Defenders filed.
Main Document Proof of Service Certificate of Word Count
May 04 2020 Brief amicus curiae of FAMM filed.
Main Document Certificate of Word Count Proof of Service
Jun 08 2020 Brief of respondent United States of America filed.
Proof of Service Main Document
Jun 15 2020 Brief amicus curiae of Criminal Justice Legal Foundation filed.
Main Document Certificate of Word Count Proof of Service
Jul 08 2020 Reply of petitioner Charles Borden, Jr. filed.
Main Document Certificate of Word Count Proof of Service
Aug 19 2020 SET FOR ARGUMENT on Tuesday, November 3, 2020.
Aug 31 2020 Record requested from the U.S.C.A. 6th Circuit.
Sep 01 2020 Record of the U.S.C.A. 6th Circuit electronically received (includes sealed material and district court record).
Sep 02 2020 CIRCULATED
Nov 03 2020 Argued. For petitioner: Kannon K. Shanmugam, Washington, D. C. For respondent: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C.
Jun 10 2021 Judgment REVERSED and case REMANDED. Kagan, J., announced the judgment of the Court and delivered an opinion in which Breyer, Sotomayor, and Gorsuch, JJ., joined. Thomas, J., filed an opinion concurring in the judgment. Kavanaugh, J., filed a dissenting opinion, in which Roberts, C. J., Alito, and Barrett, JJ., joined.
Jul 12 2021 JUDGMENT ISSUED.
Attorneys
Attorneys for Petitioners
Erin Phillippi Rust
Counsel of Record
Federal Defender Services
835 Georgia Ave
Suite 600
Chattanooga, TN 37402

erin_rust@fd.org
Ph: (423) 756-4349
Party name: Charles Borden, Jr.


Kannon K. Shanmugam
Paul, Weiss, Rifkind, Wharton & Garrison LLP
2001 K Street, N.W.
Washington, DC 20006

kshanmugam@paulweiss.com
Ph: (202) 223-7300
Party name: Charles Borden, Jr.


Attorneys for Respondents
Brian H. Fletcher
Counsel of Record
Acting Solicitor General
United States Department of Justice 950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

SupremeCtBriefs@USDOJ.gov
Ph: 202-514-2217
Party name: United States of America


Other Attorneys
David A. Barrett
Counsel of Record
Boies Schiller Flexner LLP
55 Hudson Yards
New York, NY 10001

dbarrett@bsfllp.com
Ph: 212-446-2300
Party name: National Association of Federal Defenders


Ishan Kharshedji Bhabha
Counsel of Record
Jenner and Block LLP
1099 New York Ave NW, Suite 900
Washington, DC 20001

IBhabha@jenner.com
Ph: 202-637-6327
Party name: National Association of Criminal Defense Lawyers


David John Debold
Counsel of Record
Gibson Dunn & Crutcher LLP
1050 Connecticut Avenue, NW
Washington, DC 20036

ddebold@gibsondunn.com
Ph: 202-955-8551
Party name: FAMM


Rex S. Heinke
Counsel of Record
Akin Gump Strauss Hauer & Feld, LLP
1999 Avenue of the Stars, Suite 600
Los Angeles, CA 90067

rheinke@akingump.com
Ph: 3102291030
Party name: Immigrant Rights Organizations


Jeffrey Alan Lamken
Counsel of Record
MoloLamken LLP
The Watergate, Suite 500
600 New Hampshire Ave., N.W.
Washington, DC 20037

jlamken@mololamken.com
Ph: 2025562010
Party name: Law Professors Leah Litman et al.


Ryan Patrick Mulvey
Counsel of Record
Americans for Prosperity Foundation
1310 North Courthouse Road
Suite 700
Arlington, VA 22201

rmulvey@afphq.org
Ph: (571) 444-2841
Party name: Americans for Prosperity Foundation


Kent S. Scheidegger
Counsel of Record
Criminal Justice Legal Fdtn.
2131 L Street
Sacramento, CA 95816

briefs@cjlf.org
Ph: 9164460345
Party name: Criminal Justice Legal Foundation