| 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 | |
| Date | 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 PauperisPetitionAppendixCertificate of Word CountProof 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 DocumentCertificate of Word CountProof of Service | |
| Oct 21 2019 | Response to petition from respondent United States of America filed. |
| Main DocumentCertificate 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 DocumentProof 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 DocumentCertificate of Word CountProof 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 DocumentCertificate of Word CountProof of Service | |
| May 04 2020 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| May 04 2020 | Brief amicus curiae of Americans for Prosperity Foundation filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| May 04 2020 | Brief amici curiae of Immigrant Rights Organizations filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| May 04 2020 | Brief amicus curiae of National Association of Federal Defenders filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| May 04 2020 | Brief amicus curiae of FAMM filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jun 08 2020 | Brief of respondent United States of America filed. |
| Proof of ServiceMain Document | |
| Jun 15 2020 | Brief amicus curiae of Criminal Justice Legal Foundation filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 08 2020 | Reply of petitioner Charles Borden, Jr. filed. |
| Main DocumentCertificate of Word CountProof 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. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| Erin Phillippi Rust Counsel of Record | Federal Defender Services 835 Georgia Ave Suite 600 Chattanooga, TN 37402 erin_rust@fd.org | (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 | (202) 223-7300 |
| Party name: Charles Borden, Jr. | ||
| Attorneys for Respondent | ||
| 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: United States of America | ||
| Other | ||
| David A. Barrett Counsel of Record | Boies Schiller Flexner LLP 55 Hudson Yards New York, NY 10001 dbarrett@bsfllp.com | 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 | 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 | 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 | 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 | 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 | (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 | 9164460345 |
| Party name: Criminal Justice Legal Foundation | ||