Decided

No. 19-1155

Merrick B. Garland, Attorney General v. Ming Dai

from the United States Court of Appeals for the Ninth Circuit

See other cases from the Ninth Circuit.

Docket Entries

JUDGMENT ISSUED.

Judgment VACATED and case REMANDED. Gorsuch, J., delivered the opinion for a unanimous Court. VIDED.

Argued. For petitioner: Colleen R. Sinzdak, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent in 19-1156: Neal K. Katyal, Washington, D. C. For respondent in 19-1155: David J. Zimmer, Boston, Mass. VIDED.

Reply of petitioner Robert M. Wilkinson, Acting Attorney General filed. VIDED. (Distributed)

Record from the U.S.C.A. 9th Circuit electronic and located on Pacer. Sealed documents in this record was filed electronically.

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

Motion for divided argument filed by respondents GRANTED. VIDED.

CIRCULATED

Brief amici curiae of Refugee Advocacy Organizations filed. VIDED.

Brief amici curiae of Thirty-Five Former Immigration Judges and Members of the Board of Immigration Appeals filed. VIDED.

Brief amici curiae of American Immigration Lawyers Association and National Immigrant Justice Center filed. VIDED.

Joint motion for divided argument filed by respondents. VIDED.

Brief of respondent Ming Dai filed (19-1155).

Brief of respondent Cesar Alcaraz-Enriquez filed (19-1156).

SET FOR ARGUMENT on Tuesday, February 23, 2021. VIDED.

Motion to extend the time to file respondents' briefs on the merits granted and the time is extended to and including January 4, 2021. VIDED.

Motion for an extension of time to file respondents' briefs on the merits filed. VIDED.

Joint appendix filed. (Statement of costs filed 5/12/21). VIDED.

Brief of petitioner William P. Barr, Attorney General filed. VIDED.

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.

Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 19-1155. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-1155. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”

Petition GRANTED. The petition for a writ of certiorari in No. 19-1156 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.

Reply of petitioner William P. Barr, Attorney General filed. (Distributed)

DISTRIBUTED for Conference of 9/29/2020.

Brief of respondent Ming Dai in opposition filed.

Brief amicus curiae of Immigration Reform Law Institute filed.

Petition for a writ of certiorari filed. (Response due April 20, 2020)

Application (19A781) granted by Justice Kagan extending the time to file until March 20, 2020.

Application (19A781) to extend further the time from February 19, 2020 to March 20, 2020, submitted to Justice Kagan.

Application (19A781) granted by Justice Kagan extending the time to file until February 19, 2020.

Pursuant to Rule 34.6 and Paragraph 9 of the Guidelines for the Submission of Documents to the Supreme Court's Electronic Filing System, filings in this case should be submitted in paper form only, and should not be submitted through the Court's electronic filing system.

Application (19A781) to extend the time to file a petition for a writ of certiorari from January 20, 2020 to February 19, 2020, submitted to Justice Kagan.

Parties

Merrick B. Garland, Attorney General, Petitioner, represented by Elizabeth B. Prelogar

Cesar Alcaraz-Enriquez (No. 19-1156), Respondent, represented by Neal Kumar Katyal

Amici Curiae

American Immigration Lawyers Association and National Immigrant Justice Center, Amicus Curiae, represented by Ilana Hope Eisenstein

Immigration Reform Law Institute, Amicus Curiae, represented by Christopher J. Hajec

Refugee Advocacy Organizations, Amicus Curiae, represented by Zachary Charles Schauf

Thirty-Five Former Immigration Judges and Members of the Board of Immigration Appeals, Amicus Curiae, represented by Richard W. Mark

 
Last updated: July 24, 2021