Search - Supreme Court of the United States

Docket for 16-1363

No. 16-1363

Title:	Kirstjen M. Nielsen, Secretary of Homeland Security, et al., Petitioners v. Mony Preap, et al.
Docketed:	May 11, 2017
Linked with:	16A944
Lower Ct:	United States Court of Appeals for the Ninth Circuit
Case Numbers:	(14-16326, 14-16779)
Decision Date:	August 4, 2016 Rule 12.4
Rehearing Denied:	January 11, 2017
Questions Presented

Proceedings and Orders

Mar 31 2017

Application (16A944) to extend the time to file a petition for a writ of certiorari from April 11, 2017 to May 11, 2017, submitted to Justice Kennedy.

Apr 07 2017

Application (16A944) granted by Justice Kennedy extending the time to file until May 11, 2017.

May 11 2017

Petition for a writ of certiorari filed. (Response due June 12, 2017)

May 18 2017

Order extending time to file response to petition to and including July 12, 2017, for all respondents.

Jun 26 2017

Order further extending time to file response to petition to and including August 11, 2017.

Aug 08 2017

Brief of respondents Mony Preap, et al. in opposition filed.

Aug 23 2017

DISTRIBUTED for Conference of 9/25/2017.

Aug 23 2017

Reply of petitioners Elaine C. Duke, Acting Secretary of Homeland Security, et al. filed. (Distributed)

Feb 27 2018

DISTRIBUTED for Conference of 3/2/2018.

Mar 12 2018

DISTRIBUTED for Conference of 3/16/2018.

Mar 19 2018

Petition GRANTED.

Apr 10 2018

As 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.

Apr 10 2018

Motion for an extension of time to file the briefs on the merits filed.
Main Document

Apr 10 2018

Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including June 1, 2018. The time to file respondents' brief on the merits is extended to and including August 6, 2018. The reply brief is to be filed pursuant to Rule 25.3.

May 11 2018

Motion to dispense with printing the joint appendix filed by petitioners Kirstjen M. Nielsen, Secretary of Homeland Security, et al.
Proof of Service Main Document

May 29 2018

Motion to dispense with printing the joint appendix filed by petitioners GRANTED.

Jun 01 2018

Brief of petitioners Kirstjen M. Nielsen, Secretary of Homeland Security, et al. filed.
Certificate of Word Count Main Document

Jun 08 2018

Brief amicus curiae of U.S. Rep. Andy Biggs, et al. filed.
Main Document Certificate of Word Count Proof of Service

Jun 08 2018

Brief amicus curiae of Immigration Reform Law Institute filed.
Main Document Certificate of Word Count Proof of Service

Jun 08 2018

Brief amicus curiae of Criminal Justice Legal Foundation filed.
Main Document Certificate of Word Count Proof of Service

Jul 09 2018

SET FOR ARGUMENT On Wednesday, October 10, 2018

Aug 03 2018

CIRCULATED

Aug 06 2018

Brief of respondents Mony Preap, et al. filed. (Distributed)
Main Document Certificate of Word Count Proof of Service

Aug 07 2018

Record requested from the U.S.C.A. 9th Circuit.

Aug 10 2018

Brief amicus curiae of National Immigrant Justice Center filed. (Distributed)
Main Document Certificate of Word Count Proof of Service

Aug 13 2018

Brief amici curiae of Administrative and Immigration Law Professors filed. (Distributed)
Main Document Certificate of Word Count Proof of Service

Aug 13 2018

Brief amici curiae of Constitutional and Immigration Law Professors filed. (Distributed)
Main Document Certificate of Word Count Proof of Service

Aug 13 2018

Brief amici curiae of Former INS and DHS General Counsels filed. (Distributed)
Main Document Certificate of Word Count Proof of Service

Aug 13 2018

Brief amici curiae of Members of Congress filed. (Distributed)
Main Document Proof of Service Certificate of Word Count

Aug 13 2018

Brief amici curiae of Advancement Project, et al. filed. (Distributed)
Main Document Other Certificate of Word Count Proof of Service

Aug 30 2018

Record from the U.S.C.A. 9th Circuit is electronic and located on PACER.

Aug 30 2018

Record from the U.S.D.C. California Northern District (Oakland) is electronic and located on PACER, with the exception of Restricted documents that's electronic.

Sep 05 2018

Reply of petitioners Kirstjen M. Nielsen, Secretary of Homeland Security, et al. filed. (Distributed)
Proof of Service Main Document

Oct 10 2018

Argued. For petitioners: Zachary D. Tripp, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Cecillia D. Wang, New York, N. Y.

Mar 19 2019

Judgment REVERSED and case REMANDED. Alito, J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, III–A, III–B–1, and IV, in which Roberts, C. J., and Thomas, Gorsuch, and Kavanaugh, JJ., joined, and an opinion with respect to Parts II and III–B–2, in which Roberts, C. J., and Kavanaugh, J., joined. Kavanaugh, J., filed a concurring opinion. Thomas, J., filed an opinion concurring in part and concurring in the judgment, in which Gorsuch, J., joined. Breyer, J., filed a dissenting opinion, in which Ginsburg, Sotomayor, and Kagan, JJ., joined.

Apr 22 2019

JUDGMENT ISSUED.

Attorneys

Attorneys for Petitioners

Noel John Francisco
Counsel of Record

Solicitor General
United States Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
SUPREMECTBRIEFS!USDOJ.GOV
Ph: 202-514-2217
Party name: Kirstjen M. Nielsen, Secretary of Homeland Security, et al.

Attorneys for Respondents

Michael King Thomas Tan
Counsel of Record

American Civil Liberties Union Foundation
125 Broad St., 18th Floor
New York, NY 10004
mtan@aclu.org
Ph: 212-549-2500
Party name: Mony Preap, et al.

Other Attorneys

Alina Das
Counsel of Record

Washington Square Legal Services
245 Sullivan Street
5th Floor
New York, NY 10012
alina.das@nyu.edu
Ph: 212-998-6430
Party name: Advancement Project et al.

Mark Christopher Fleming
Counsel of Record

WilmerHale
60 State Street
Boston, MA 02109
mark.fleming@wilmerhale.com
Ph: (617) 526-6000
Party name: Constitutional and Immigration Law Professors

Elaine Janet Goldenberg
Counsel of Record

Munger, Tolles & Olson LLP
1155 F Street, NW
7th Floor
Washington, DC 20004
elaine.goldenberg@mto.com
Ph: 202-220-1114
Party name: 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
Ph: 202-232-5590
Party name: Immigration Reform Law Institute

Anton Metlitsky
Counsel of Record

O'Melveny & Myers, LLP
Times Square Tower, 7 Times Square
New York, NY 10036
ametlitsky@omm.com
Ph: 212-326-2000
Party name: Administrative And Immigration Law Professors

Matthew Eben Price
Counsel of Record

Jenner & Block, LLP
1099 New York Ave. NW, Suite 900
Washington, DC 20001
MPrice@jenner.com
Ph: 202-639-6873
Party name: Former INS and DHS General Counsels

Richard A. Samp
Counsel of Record

Washington Legal Foundation
2009 Massachusetts Ave., N.W.
Washington, DC 20036-0000
rsamp@wlf.org
Ph: 202-588-0302
Party name: U.S. Rep. Andy Biggs, et al.

Kent Stephen Scheidegger
Counsel of Record

Criminal Justice Legal Fdtn.
2131 L Street
Sacramento, CA 95816
Kent.Scheidegger@cjlf.org
Ph: 916-446-0345
Party name: Criminal Justice Legal Foundation

Jayashri Srikantiah
Counsel of Record

Stanford Law School Immigrants' Rights Clinic
559 Nathan Abbott Way
Stanford, CA 94305
jsrikantiah@law.stanford.edu
Ph: 6507242442
Party name: Members of Congress

Ward Alexander Penfold

O'Melveny & Myers LLP
Two Embarcadero Center, 28th Floor
San Francisco, CA 94111
wpenfold@omm.com
Ph: 4159848700
Party name: Members of Congress