Decided
Kawashima v. Holder
Holding
Violations of 26 U.S.C. §" 7206(1) and (2), which preclude making (or assisting in the making of) a false tax return, are crimes "involv[ing] fraud or deceit" under 8 U.S.C. § 1101(a)(43)(M)(i) and are therefore aggravated felonies for purposes of the Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., when the loss to the govern"ment exceeds $10,000.
Judgment
Affirmed, 6-3, in an opinion by Clarence Thomas on Feb 21, 2012. Justice Ginsburg filed a dissenting opinion in which Justices Breyer and Kagan joined.
Merits Briefs for the Petitioners
Amicus Briefs in Support of the Petitioners
- Brief for Johnnie M. Walters
- Brief for the Asian American Justice Center et al.”
- Brief for the National Immigration and Criminal Defense Organizations
Merits Briefs for the Respondent
[##CERT-STAGE##]
Nov 1, 2010Petition for a writ of certiorari filed. (Response due December 2, 2010)
Nov 23, 2010Order extending time to file response to petition to and including January 3, 2011.
Dec 23, 2010Order further extending time to file response to petition to and including February 2, 2011.
Jan 28, 2011Order further extending time to file response to petition to and including March 4, 2011.
Mar 4, 2011Order further extending time to file response to petition to and including April 4, 2011.
Apr 4, 2011Brief of respondent Eric H. Holder, Jr., Attorney General in opposition filed. tbp
Apr 5, 2011Motion to defer consideration of the petition for a writ of certiorari filed by petitioners.
Apr 18, 2011Reply of petitioners Akio and Fusako Kawashima filed.
Apr 19, 2011DISTRIBUTED for Conference of May 12, 2011.
May 16, 2011DISTRIBUTED for Conference of May 19, 2011.
May 23, 2011Petition GRANTED limited to Question 1 presented by the petition.
Jun 17, 2011Order extending time to file the joint appendix and petitioners' brief on the merits to and including August 5, 2011.
Jun 17, 2011The time to file respondent's brief on the merits is extended to and including September 29, 2011.
Jul 28, 2011Motion to dispense with printing the joint appendix filed by petitioner Akio Kawashima, et ux.
Aug 5, 2011Brief of petitioners Akio Kawashima, et ux. filed.
Aug 8, 2011SET FOR ARGUMENT ON Monday, November 7, 2011.
Aug 12, 2011Brief amici curiae of National Immigration and Criminal Defense Organizations filed.
Aug 12, 2011Brief amicus curiae of Johnnie M. Walters filed.
Aug 12, 2011Brief amici curiae of Asian American Justice Center, et al. filed.
Aug 15, 2011Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Aug 15, 2011Record received from U.S.C.A. for 9th Circuit. (1 envelope). This record also includes the administrative record from the U.S. Department of Justice.
Aug 19, 2011CIRCULATED.
Sep 29, 2011Brief of respondent Eric H. Holder, Jr., Attorney General filed. (Distributed)
Oct 28, 2011Reply of petitioners Akio and Fusako Kawashima filed. (Distributed)
Nov 7, 2011Argued. For petitioners: Thomas J. Whalen, Washington, D. C. For respondent: Curtis E. Gannon, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Feb 21, 2012Adjudged to be AFFIRMED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, Alito, and Sotomayor, JJ., joined. Ginsburg, J., filed a dissenting opinion, in which Breyer and Kagan, JJ., joined.
Mar 16, 2012Petition for Rehearing filed.
Mar 21, 2012DISTRIBUTED for Conference of April 13, 2012.
Apr 16, 2012Rehearing DENIED.
Apr 16, 2012JUDGMENT ISSUED.
Recommended Citation: Kawashima v. Holder, SCOTUSblog, https://www.scotusblog.com/cases/kawashima-v-holder-2/