from the United States Court of Appeals for the Ninth Circuit
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JUDGMENT ISSUED.
Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion of the Court, except as to Part II. Roberts, C. J., and Kennedy, J., joined that opinion in full; Thomas and Gorsuch, JJ., joined as to all but Part II; and Sotomayor, J., joined as to Part III-C. Thomas, J., filed an opinion concurring in part and concurring in the judgment, in which Gorsuch, J., joined except for footnote 6. Breyer, J., filed a dissenting opinion, in which Ginsburg and Sotomayor, JJ., joined. Kagan, J., took no part in the decision of the case.
Letter from Clerk of Court to counsel of record noting that Justice Kagan will not continue to participate in this case.
Argued. For petitioners: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents: Ahilan T. Arulanantham, Los Angeles, Cal.
Record received from the U.S.D.C. District of Central California is electronic.
Record received from the U.S.C.A. 9th Circuit is electronic.
Record requested from the U.S.C.A. 9th Circuit.
SET FOR REARGUMENT on Tuesday, October 3, 2017.
This case is restored to the calendar for reargument.
Letter received from counsel for Respondents (Distributed)
Supplemental reply brief of respondents Alejandro Rodriguez, et al. filed. (Distributed)
Supplemental reply brief of petitioners David Jennings, et al. filed. (Distributed)
Brief amicus curiae of Human Rights First in support of respondents (To Be Recovered) filed. (Distributed)
Brief amicus curiae in support of petitioners of Eagle Forum Education & Legal Defense Fund filed. (Distributed)
Brief amici curiae of County of Santa Clara California, and 19 additional counties, et al. in support of respondents filed. (Distributed)
Brief amici curiae of States of California, et al. in support of respondents filed. (Distributed)
Brief amici curiae of Professors Stephen H. Legomsky and Stephen Yale-Loehr in support of respondents filed. (Distributed)
Brief amici curiae of 29 U.S. Representatives: Chairman Robert Goodlatte, et al. in support of petitioners filed. (Distributed)
Brief amicus curiae of American Bar Association in support of respondents filed. (Distributed)
Brief amici curiae of Americans for Immigrant Justice, et al. in support of respondents filed. (Distributed)
Brief amici curiae of National Immigration Project of the National Lawyers Guild, et al. in support of respondents filed. (Distributed)
Supplemental brief of petitioners David Jennings, et al. filed. (Distributed)
Supplemental brief of respondents Alejandro Rodriguez, et al. filed. (Distributed)
The time for the parties to file their supplemental briefs is extended to and including 2 p.m., Tuesday, January 31, 2017. Amicus briefs may be filed on or before 2 p.m., Friday, February 10, 2017. Reply briefs are to be filed on or before 2 p.m., Tuesday, February 21, 2017.
The parties are directed to file supplemental briefs addressing the following questions: 1) Whether the Constitution requires that aliens seeking admission to the United States who are subject to mandatory detention under 8 U.S.C. § 1225(b) must be afforded bond hearings, with the possibility of release into the United States, if detention lasts six months. 2) Whether the Constitution requires that criminal or terrorist aliens who are subject to mandatory detention under Section 1226(c) must be afforded bond hearings, with the possibility of release, if detention lasts six months. 3) Whether the Constitution requires that, in bond hearings for aliens detained for six months under Sections 1225(b), 1226(c), or 1226(a), the alien is entitled to release unless the government demonstrates by clear and convincing evidence that the alien is a flight risk or a danger to the community, whether the length of the alien’s detention must be weighed in favor of release, and whether new bond hearings must be afforded...
Argued. For petitioners: Ian H. Gershengorn, Acting Solicitor General, Department of Justice, Washington, D. C. For respondents: Ahilan T. Arulanantham, Los Angeles, Cal.
Reply of petitioners David Jennings, et al. filed. (Distributed)
Record received from U.S.C.A. 9th Circuit is electronic and located on PACER. Sealed records also received is electronic.
Record requested from the U.S.C.A. 9th Circuit.
CIRCULATED.
Brief amici curiae of 43 Social Science Researchers and Professors filed.
Brief amicus curiae of American Bar Association filed. (Distributed)
Brief amicus curiae of United Nations High Commissioner for Refugees filed. (Distributed)
Brief amici curiae of Nine Retired Immigration Judges, and Board of Immigration Appeals Members filed. (Distributed)
Brief amici curiae of Americans for Immigrant Justice, et al. filed. (Distributed)
Brief amici curiae of Human Rights First, and International Law Scholars William Aceves, et al. filed. (Distributed)
Brief amici curiae of Professors of Constitutional, Immigration, and Administrative Law filed. (Distributed)
Brief amici curiae of American Immigration Council, and American Immigration Lawyers Association filed.
Brief amici curiae of Detained Legal Services Providers filed.
Brief amici curiae of National Immigration Project of the National Lawyers Guild, and the Immigrant Legal Resource Center filed.
Brief amici curiae of Members of Asian Americans Advancing Justice filed.
SET FOR ARGUMENT on Wednesday, November 30, 2016
Response to petitioners’ letter of 8/26/16 submitted.
Brief of respondents Alejandro Rodriguez, et al. filed.
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, from counsel for petitioners.
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents.
Copies of letter referenced in footnote 10 of petitioners' brief on the merits submitted.
Brief of petitioners David Jennings, et al. filed.
The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 26, 2016.
The time to file respondents' brief on the merits is extended to and including October 17, 2016.
Petition GRANTED.
Reply of petitioners David Jennings, et al. filed. (Distributed)
Brief of respondents Alejandro Rodriguez, et al. in opposition filed.
Order extending time to file response to petition to and including May 24, 2016.
Petition for a writ of certiorari filed. (Response due April 27, 2016)
Application (15A747) granted by Justice Kennedy extending the time to file until March 26, 2016.
Application (15A747) to extend further the time from February 25, 2016 to March 26, 2016, submitted to Justice Kennedy.
Application (15A747) granted by Justice Kennedy extending the time to file until February 25, 2016.
Application (15A747) to extend the time to file a petition for a writ of certiorari from January 26, 2016 to February 25, 2016, submitted to Justice Kennedy.
David Jennings, et al., Petitioner, represented by Edwin Smiley Kneedler
29 U.S. Representatives; chairman Robert Goodlatte, et al.., Amicus Curiae, represented by Richard A. Samp
43 Social Science Researchers and Professors, Amicus Curiae, represented by Kelsi Brown Corkran
American Bar Association in support of respondents, Amicus Curiae, represented by Linda A. Klein
American Immigration Council, and American Immigration Lawyers Association, Amicus Curiae, represented by Mark C. Fleming
Americans for Immigrant Justice, et al., Amicus Curiae, represented by Alina Das
County of Santa Clara California, and 19 Additional Counties, Amicus Curiae, represented by Greta Suzanne Hansen
Detained Legal Services Providers, Amicus Curiae, represented by Brian J. Murray
Eagle Forum Education & Legal Defense Fund in support of petitioners Eagle Forum Education & Legal Defense Fund, Amicus Curiae, represented by Lawrence J. Joseph
Human Rights First in support of respondents (To Be Recovered), Amicus Curiae, represented by Eugene Martin Gelernter
Members of Asian Americans Advancing Justice, Amicus Curiae, represented by Anjan Choudhury
National Association of Criminal Defense Lawyers, et al., Amicus Curiae, represented by James J. Farrell
National Immigration Project of the National Lawyers Guild, and the Immigrant Legal Resource Center, Amicus Curiae, represented by David C. Frederick
National Immigration Project of the National Lawyers Guild, et al., Amicus Curiae, represented by Steven A. Hirsch
Nine Retired Immigration Judges, and Board of Immigration Appeals Members, Amicus Curiae, represented by James Joseph Beha II.
Professors of Constitutional, Immigration, and Administrative Law, Amicus Curiae, represented by Dennis Auerbach
Professors Stephen Legomsky, and Stephen Yale-Loehr in support of respondents, Amicus Curiae, represented by Justin G. Florence
State of California, et al., Amicus Curiae, represented by Samuel Passchier Siegel
United Nations High Commissioner for Refugees, Amicus Curiae, represented by Amy Mason Saharia