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Decided

Kawashima v. Holder

Docket No.10-577
Op. Below9th Circuit
ArgumentNov 7, 2011

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.

Proceedings & orders timeline

Nov 1, 2010
Petition for a writ of certiorari filed. (Response due December 2, 2010)
Nov 23, 2010
Order extending time to file response to petition to and including January 3, 2011.
Dec 23, 2010
Order further extending time to file response to petition to and including February 2, 2011.
Jan 28, 2011
Order further extending time to file response to petition to and including March 4, 2011.
Mar 4, 2011
Order further extending time to file response to petition to and including April 4, 2011.
Apr 4, 2011
Brief of respondent Eric H. Holder, Jr., Attorney General in opposition filed. tbp
Apr 5, 2011
Motion to defer consideration of the petition for a writ of certiorari filed by petitioners.
Apr 18, 2011
Reply of petitioners Akio and Fusako Kawashima filed.
Apr 19, 2011
DISTRIBUTED for Conference of May 12, 2011.
May 16, 2011
DISTRIBUTED for Conference of May 19, 2011.
May 23, 2011
Petition GRANTED limited to Question 1 presented by the petition.
Jun 17, 2011
Order extending time to file the joint appendix and petitioners' brief on the merits to and including August 5, 2011.
Jun 17, 2011
The time to file respondent's brief on the merits is extended to and including September 29, 2011.
Jul 28, 2011
Motion to dispense with printing the joint appendix filed by petitioner Akio Kawashima, et ux.
Aug 5, 2011
Brief of petitioners Akio Kawashima, et ux. filed.
Aug 8, 2011
SET FOR ARGUMENT ON Monday, November 7, 2011.
Aug 12, 2011
Brief amici curiae of National Immigration and Criminal Defense Organizations filed.
Aug 12, 2011
Brief amicus curiae of Johnnie M. Walters filed.
Aug 12, 2011
Brief amici curiae of Asian American Justice Center, et al. filed.
Aug 15, 2011
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Aug 15, 2011
Record 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, 2011
CIRCULATED.
Sep 29, 2011
Brief of respondent Eric H. Holder, Jr., Attorney General filed. (Distributed)
Oct 28, 2011
Reply of petitioners Akio and Fusako Kawashima filed. (Distributed)
Nov 7, 2011
Argued. 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, 2012
Adjudged 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, 2012
Petition for Rehearing filed.
Mar 21, 2012
DISTRIBUTED for Conference of April 13, 2012.
Apr 16, 2012
Rehearing DENIED.
Apr 16, 2012
JUDGMENT ISSUED.

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