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Cert. Granted

Nielsen v. Watanabe

Docket No.25-417
Op. Below9th Cir.
ArgumentNov 9, 2026

Issue

Whether the U.S. Court of Appeals for the 9th Circuit erred here in recognizing a Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics cause of action.

Proceedings & orders timeline

Aug 19, 2025
Application (25A208) to extend the time to file a petition for a writ of certiorari from September 3, 2025 to October 3, 2025, submitted to Justice Kagan.
Aug 21, 2025
Application (25A208) granted by Justice Kagan extending the time to file until October 3, 2025.
Oct 3, 2025
Petition for a writ of certiorari filed. (Response due November 6, 2025)
Oct 29, 2025
Motion to extend the time to file a response from November 6, 2025 to January 5, 2026, submitted to The Clerk.
Oct 31, 2025
Motion to extend the time to file a response is granted and the time is extended to and including January 5, 2026.
Jan 5, 2026
Brief of respondent Kekai Watanabe in opposition filed.
Jan 20, 2026
Reply of petitioner Francis Nielsen filed. (Distributed)
Jan 21, 2026
DISTRIBUTED for Conference of 2/20/2026.
Feb 13, 2026
Supplemental brief of petitioner Francis Nielsen filed. (Distributed)
Feb 17, 2026
Supplemental brief of respondent Kekai Watanabe filed.
Feb 19, 2026
Rescheduled.
Feb 23, 2026
DISTRIBUTED for Conference of 2/27/2026.
Feb 24, 2026
Rescheduled.
May 5, 2026
Supplemental brief of petitioner Francis Nielsen filed.
May 15, 2026
Supplemental brief of respondent Kekai Watanabe filed.
May 26, 2026
DISTRIBUTED for Conference of 6/11/2026.
Jun 15, 2026
DISTRIBUTED for Conference of 6/18/2026.
Jun 22, 2026
Petition GRANTED.
Jul 27, 2026
Motion for an extension of time to file the briefs on the merits filed.
Jul 28, 2026
Motion to dispense with printing the joint appendix filed by petitioner Francis Nielsen.
Jul 29, 2026
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 14, 2026. The time to file respondent's brief on the merits is extended to and including September 23, 2026.
Aug 11, 2026
SET FOR ARGUMENT on Monday, November 9, 2026.
Aug 14, 2026
Brief of petitioner Francis Nielsen filed.
Aug 21, 2026
Brief amicus curiae of Elaine Mittleman filed.
Aug 21, 2026
Brief amici curiae of Missouri, et al. filed.
Aug 21, 2026
Brief amicus curiae of United States filed.
Aug 25, 2026
Record requested from the United States Court of Appeals for the Ninth Circuit.
Aug 25, 2026
Record received from the United States Court of Appeals for the Ninth Circuit. The record is electronic and is available on PACER.
Aug 27, 2026
CIRCULATED
Aug 31, 2026
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Sep 4, 2026
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.

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