| ~~~Date~~~ | ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~ |
| Oct 14 2003 |
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 15, 2003) |
| Nov 19 2003 |
Brief of respondent Robert Wallis, Director, Immigration and Naturalization Service filed. |
| Nov 20 2003 |
Reply of petitioner Daniel Benitez filed. |
| Dec 4 2003 |
DISTRIBUTED for Conference of January 9, 2004. |
| Jan 12 2004 |
DISTRIBUTED for Conference of January 16, 2004. |
| Jan 16 2004 |
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. The brief of petitioner is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Wednesday, February 25, 2004. The brief of respondent is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Friday, March 26, 2004. A reply brief, if any, is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Monday, April 19, 2004. Rule 29.2 does not apply. |
| Feb 16 2004 |
Joint appendix filed. |
| Feb 24 2004 |
Brief amicus curiae of North Carolina Justice and Community Development Center filed. |
| Feb 25 2004 |
Brief of petitioner Daniel Benitez filed. |
| Feb 25 2004 |
Brief amici curiae of Regina Germain and Ira Kurzban filed. |
| Feb 25 2004 |
Brief amicus curiae of American Bar Association filed. |
| Feb 25 2004 |
Brief amicus curiae of American Civil Liberties Union filed. |
| Feb 25 2004 |
Brief amici curiae of Florida Immigrant Advocacy Center and Rafael Penalver filed. |
| Feb 25 2004 |
Brief amici curiae of Law Professors, Aleinikoff, et al. filed. |
| Feb 25 2004 |
Brief amici curiae of Lawyers Committee for Human Rights, et al. filed. |
| Feb 25 2004 |
Brief amici curiae of Legal and Service Organizations, AALDEF, et al. filed. |
| Feb 25 2004 |
Brief amici curiae of American Immigration Law Foundation Legal Action Center, et al. filed. |
| Mar 1 2004 |
This case is consolidated with No. 03-878, Clark v. Martinez, and a total of one hour is allotted for oral argument. |
| Mar 16 2004 |
Extension of time within which to file respondent's brief on the merits in No. 03-7434 to and including April 26, 2004.
|
| Apr 12 2004 |
Further extension of time in No. 03-7434 within which to file respondent's brief on the merits. |
| Apr 12 2004 |
Extension of time in No. 03-878 within which to file the joint appendix and petitioners' brief on the merits to and including May 7, 2004. |
| May 7 2004 |
Brief of respondent Robert Wallis, Director, Immigration and Naturalization Service filed. |
| May 7 2004 |
Brief amici curiae of Washington Legal Foundation, et al. filed. |
| May 7 2004 |
Motion to appoint counsel filed by petitioner. |
| May 18 2004 |
Motion DISTRIBUTED for Conference of June 3, 2004. |
| May 26 2004 |
Motion for additional time to argue and for divided argument filed by counsel for Martinez and Benitez. VIDED. |
| May 27 2004 |
Extension of time within which to file respondent's brief in No. 03-878 on the merits to and including July 19, 2004. |
| May 27 2004 |
Application (03A982) to extend the time to file a reply brief on the merits in No. 03-7434 from June 11, 2004, to July 17, 2004, submitted to Justice Kennedy. |
| May 28 2004 |
Application (03A982) granted by Justice Kennedy extending the time to file until July 16, 2004. |
| Jun 7 2004 |
Motion to appoint counsel filed by petitioner GRANTED. John S. Mills, Esquire, of Jacksonville, Florida is appointed to serve as counsel for the petitioner in this case. |
| Jun 14 2004 |
Motion of Martinez and Benitez for divided argument is granted. The request for additional time for oral argument is denied. |
| Jul 9 2004 |
Application (04A32) to extend further the time for filing the reply brief on the merits in No. 03-7434 from July 16, 2004 to August 2, 2004, submitted to Justice Kennedy. |
| Jul 11 2004 |
Further extension of time within which to file respondent's brief on the merits in No. 03-878 to and including August 2, 2004. |
| Jul 12 2004 |
Application (04A32) granted by Justice Kennedy extending the time to file the reply brief on the merits to and including August 2, 2004. |
| Aug 2 2004 |
Reply of petitioner Daniel Benitez filed. |
| Aug 3 2004 |
Record received from U.S.C.A. 11th Circuit. 1 folder) |
| Aug 5 2004 |
CIRCULATED. |
| Aug 12 2004 |
Record received from U.S.D.C. Northern Dist. of Florida |
| Aug 24 2004 |
SET FOR ARGUMENT Wednesday, October 13, 2004. |
| Oct 8 2004 |
Letter from the Acting Solicitor General, dated 10/8/04, received. (Distributed). |
| Oct 13 2004 |
Argued. For Martinez: Christine S. Dahl, Assistant Federal Defender, Portland, Ore. For Benitez: John S. Mills, Jacksonville, Fla. For United States: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D.C. |
| Nov 3 2004 |
Letter and attachment, dated November 3, 2004, received from the Solicitor General. (Distributed). |
| Nov 9 2004 |
Letter, dated November 9, 2004, in response to the Solicitor General received from counsel for the petitioner. (Distributed). |
| Jan 12 2005 |
Judgment REVERSED and case REMANDED. Scalia, J., delivered the opinion of the Court, in which Stevens, O'Connor, Kennedy, Souter, Ginsburg, and Breyer, JJ., joined. O'Connor, J., filed a concurring opinion. Thomas, J., filed a dissenting opinion, in which Rehnquist, C.J., joined as to Part I-A. |
| Feb 14 2005 |
JUDGMENT ISSUED. |
| Mar 16 2005 |
Motion for attorney's fees under Equal Access to Justice Act filed by counsel for petitioner. |
| Apr 5 2005 |
Acknowledgement of receipt (02/16/05) of judgment from Clerk, United States Court of Appeals for the Eleventh Circuit received. |
| Apr 5 2005 |
Suggestion of death of petitioner received. |
| Apr 6 2005 |
Motion DISTRIBUTED for Conference of April 22, 2005. |
| Apr 25 2005 |
Motion for attorney's fees under Equal Access to Justice Act denied without prejudice to filing in the United States Court of Appeals for the Eleventh Circuit. |
| Jun 24 2005 |
Record returned to U.S.C.A. - 11th Circuit. |
| Jun 24 2005 |
Record returned to U.S.D.C. for the Northern District of Florida. |