No. 19-67
Title:United States, Petitioner
v.
Evelyn Sineneng-Smith
Docketed:July 12, 2019
Linked with 18A1117
Lower Ct:United States Court of Appeals for the Ninth Circuit
   Case Numbers:(15-10614)
   Decision Date:December 4, 2018
   Rehearing Denied:February 12, 2019
  Discretionary Court Decision Date:
Questions Presented

DateProceedings and Orders
Apr 29 2019Application (18A1117) to extend the time to file a petition for a writ of certiorari from May 13, 2019 to June 12, 2019, submitted to Justice Kagan.
Main DocumentProof of Service
Apr 30 2019Application (18A1117) granted by Justice Kagan extending the time to file until June 12, 2019.
May 31 2019Application (18A1117) to extend further the time from June 12, 2019 to July 12, 2019, submitted to Justice Kagan.
Written RequestProof of Service
May 31 2019Application (18A1117) granted by Justice Kagan extending the time to file until July 12, 2019.
Jul 12 2019Petition for a writ of certiorari filed. (Response due August 12, 2019)
PetitionProof of Service
Jul 18 2019Motion to extend the time to file a response from August 12, 2019 to August 28, 2019, submitted to The Clerk.
Main Document
Jul 19 2019Motion to extend the time to file a response is granted and the time is extended to and including August 28, 2019.
Aug 28 2019Brief of respondent Evelyn Sineneng-Smith in opposition filed.
Main DocumentCertificate of Word CountProof of Service
Sep 10 2019Reply of petitioner United States filed.
Proof of ServiceMain Document
Sep 11 2019DISTRIBUTED for Conference of 10/1/2019.
Oct 04 2019Petition GRANTED.
Oct 25 2019Motion for an extension of time to file the briefs on the merits filed.
Main Document
Nov 15 2019Motion 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 December 2, 2019. The time to file respondent's brief on the merits is extended to and including January 15, 2020.
Nov 26 2019SET FOR ARGUMENT on Tuesday, February 25, 2020.
Dec 02 2019Joint appendix filed.
Proof of ServiceMain Document
Dec 02 2019Brief of petitioner United States filed.
Proof of ServiceMain Document
Dec 09 2019Brief amicus curiae of Eugene Volokh in support of neither party filed.
Main DocumentCertificate of Word CountProof of Service
Dec 09 2019Brief amicus curiae of Immigration Reform Law Institute filed.
Main DocumentCertificate of Word CountProof of Service
Jan 09 2020Record requested from the U.S.C.A. 9th Circuit.
Jan 09 2020The record from the U.S.C.A. 9th Circuit is electronic and located on PACER.
Jan 14 2020The record from the U.S.C.A. 9th Circuit and from the U.S.D.C. California Northern District (San Jose) is electronic and located on PACER, and sealed record material from both courts received by Clerk and available electronically.
Jan 15 2020Brief of respondent Evelyn Sineneng-Smith filed.
Main DocumentCertificate of Word CountProof of Service
Jan 20 2020Brief amici curiae of The Rutherford Institute, et al. filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Jan 21 2020CIRCULATED
Jan 22 2020Brief amici curiae of Immigration Representatives and Organizations filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Jan 22 2020Amicus brief of National Association of Criminal Defense Lawyers not accepted for filing. (January 28, 2020 - Corrected brief to be submitted.)
Jan 22 2020Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed. (January 28, 2020). (Distributed)
Main DocumentCertificate of Word CountProof of Service
Jan 22 2020Brief amicus curiae of Amnesty International filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Jan 22 2020Brief amici curiae of Religious Organizations filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Jan 22 2020Brief amici curiae of The Electronic Frontier Foundation, et al. filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Jan 22 2020Brief amicus curiae of The Cato Institute filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Jan 22 2020Brief amici curiae of City and County of San Francisco, et al. filed. (Distributed)
Main DocumentOtherCertificate of Word CountProof of Service
Jan 22 2020Brief amici curiae of Asian Americans Advancing Justice, et al. filed. (Distributed)
Main DocumentProof of ServiceCertificate of Word Count
Feb 14 2020Reply of petitioner United States filed. (Distributed)
Main DocumentProof of Service
Feb 25 2020Argued. For petitioner: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: Mark C. Fleming, Boston, Mass.
May 07 2020Judgment VACATED and case REMANDED. Ginsburg, J., delivered the opinion for a unanimous Court. Thomas, J., filed a concurring opinion.
Jun 08 2020JUDGMENT ISSUED.

NAMEADDRESSPHONE
Attorneys for Petitioner
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: United States
Attorneys for Respondent
Mark Christopher Fleming
    Counsel of Record
WilmerHale
60 State Street
Boston, MA 02109

mark.fleming@wilmerhale.com
6175266000
Party name: Evelyn Sineneng-Smith
Other
Erin Glenn Busby
    Counsel of Record
The University of Texas School of Law Supreme Court Clinic
727 East Dean Keeton Street
Austin, TX 78705

ebusby@law.utexas.edu
7139660409
Party name: The Rutherford Institute, ACLU, ACLU of Northern California, and SEIU
David Allen Greene
    Counsel of Record
Electronic Frontier Foundation
815 Eddy Street
San Francisco, CA 94109-7701

davidg@eff.org
415-436-9333
Party name: The Electronic Frontier Foundation, Immigrants Rising, The Internet Archive, Daphne Keller
Matthew S. Hellman
    Counsel of Record
Jenner & Block LLP
1099 New York Ave., NW
Suite 900
Washington, DC 20001

mhellman@jenner.com
202-639-6000
Party name: Amnesty International
Lawrence J. Joseph
    Counsel of Record
Law Office of Lawrence J. Joseph
1250 Connecticut Avenue, NW
Suite 700-1A
Washington, DC 20036

ljoseph@larryjoseph.com
2023559452
Party name: Immigration Reform Law Institute
Erin Lee Kuka
    Counsel of Record
San Francisco City Attorney's Office
1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102

erin.kuka@sfcityatty.org
415-554-4229
Party name: City and County of San Francisco, et al.
Emily Tomoko Barner Kuwahara
    Counsel of Record
Crowell & Moring LLP
515 S. Flower St. 40th Floor
Los Angeles, CA 90071

ekuwahara@crowell.com
213-622-4750
Party name: Asian Americans Advancing Justice, et al.
Anton Metlitsky
    Counsel of Record
O'Melveny & Myers, LLP
Times Square Tower, 7 Times Square
New York, NY 10036

ametlitsky@omm.com
2123262000
Party name: Religious Organizations
William Collins Perdue
    Counsel of Record
Arnold & Porter Kaye Scholer LLP
601 Massachusetts Avenue, NW
Washington, DC 20001-3743

william.perdue@arnoldporter.com
202.942.5685
Party name: Immigration Representatives and Organizations
Elliott Schulder
    Counsel of Record
Covington & Burling LLP
One CityCenter
850 Tenth St., NW
Wash, DC 20001

eschulder@cov.com
202-662-5462
Party name: National Association of Criminal Defense Lawyers
Ilya Shapiro
    Counsel of Record
Cato Institute
1000 Massachusetts Ave., NW
Washington, DC 20001

ishapiro@cato.org
2028420200
Party name: The Cato Institute
Eugene Volokh
    Counsel of Record
UCLA School of Law
405 Hilgard Ave.
Los Angeles, CA 90095

volokh@law.ucla.edu
310-206-3926
Party name: Eugene Volokh