No. 00-38 Status: DECIDED
Title: John D. Ashcroft, Attorney General, et al., Petitioners
v.
Kim H. Ma
Docketed:          Lower Ct: United States Court of Appeals for the Ninth Circuit
July 6, 2000 (99-35976)

~~Date~~~~~~    ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Nov 1 1999Application (A99-359) for a stay of order of the United States
District Court for the Western District of Washington pending
appeal, submitted to Justice O'Connor.
Nov 2 1999 Response to application (A99-359) from Kim Ho Ma requested by
Justice O'Connor, due November 9, 1999.
Nov 2 1999 (A99-359)Temporary stay entered by Justice O'Connor pending
receipt of a response and further order of the undersigned or of
the court.
Nov 9 1999 Response to application (A99-359) filed by Kim Ho Ma.
Nov 10 1999 Application (A99-359) referred to the Court by Justice O'Connor.
Nov 10 1999 (A99-359)Reply Memorandum in Support of Application for Stay
filed.
Nov 12 1999 (A99-359)Response to Reply Memorandum in support of Application
for Stay
Nov 12 1999 Application (A99-359) denied by the Court.
Jul 5 2000Petition for writ of certiorari filed. (Response due September 1,
2000)
Jul 5 2000 Lodging by United States filed.
Jul 26 2000 Order extending time to file response to petition until September
1, 2000.
Aug 7 2000 Motion of Washington Legal Foundation, et al. for leave to file a
brief as amici curiae filed.
Aug 31 2000Brief of respondent Kim Ho Ma in opposition filed.
Aug 31 2000 Motion of respondent for leave to proceed in forma pauperis filed.
Aug 31 2000 Respondent's response to petitioners'lodged documentfiled.
Sep 13 2000 DISTRIBUTED for Conference of October 6, 2000
Sep 20 2000Reply brief of petitioners Janet Reno, Attorney General, et al. filed.
Oct 4 2000 Letter and attachment received from counsel for the respondent and
distributed.
Oct 10 2000 Motion of Washington Legal Foundation, et al. for leave to file a
brief as amici curiae GRANTED.
Oct 10 2000 Motion of respondent for leave to proceed in forma pauperis
GRANTED.
Oct 10 2000 Petition GRANTED. The case is consolidated with No. 99-7791,
Zadvydas v. Underdown, and a total of one hour is allotted for
oral argument.
SET FOR ARGUMENT February 21, 2001.
********************************************************
Nov 24 2000Joint appendix filed.
Nov 24 2000 LODGING consisting of ten copies of four letters from Dept. of
Justice to Congress submitted by the Solicitor General.
Nov 24 2000Brief of petitioners Janet Reno, Attorney General, et al. filed.
Dec 12 2000 Motion of respondent Ma and petitioner Zadvydas for additional
time for oral argument and for divided argument filed.
Dec 21 2000Brief amici curiae of Catholic Legal Immigration Network, Inc., et al.
filed. VIDED.
Dec 22 2000Brief of respondent Kim Ho Ma filed.
Dec 22 2000Brief amici curiae of American Association of Jews from the Former
USSR, et al. filed.
Dec 26 2000 Record filed.
Dec 26 2000Brief amicus curiae of Lawyers Committee for Human Rights filed.
Dec 26 2000Brief amici curiae of Carolyn Patty Blum, et al. filed.
Dec 26 2000 LODGING consisting of twenty bound copies of documents submitted
by counsel for Catholic Legal Immigration Network, et al.
Dec 26 2000Brief amici curiae of American Civil Liberties Union, et al. filed.
Dec 26 2000Brief amici curiae of Human Rights Watch, et al. filed.
Jan 2 2001 Record filed.
Jan 18 2001 CIRCULATED.
Jan 22 2001
Motion of respondent Ma and petitioner Zadvydas for additional
time for oral argument and for divided argument GRANTED.
Jan 29 2001Reply brief of petitioners Eric Holder, Acting Attorney General, et
al. filed.
Feb 2 2001 Letter and Sixth Circuit decision received from the Solicitor
General and distributed. VIDED.
Feb 21 2001 ARGUED.
Jun 28 2001 Adjudged to be VACATED and REMANDED BREYER, J., delivered the
opinion of the Court, in which STEVENS, O'CONNOR, SOUTER, and
GINSBURG, JJ., joined. SCALIA, J., filed a dissenting opinion, in
which THOMAS, J., joined. KENNEDY, J., filed a dissenting opinion,
in which REHNQUIST, C.J., joined, and in which SCALIA and THOMAS,
JJ., joined as to Part I.
Jul 28 2001 JUDGMENT ISSUED.
Apr 24 2002 Record returned to the USDC for the Dist. of Seattle.
Apr 24 2002 Record returned to the USCA for the Ninth Circuit
 


~~Name~~~~~~~~~~~~~~~~~~~~~    ~~~~~~~Address~~~~~~~~~~~~~~~~~~   ~~Phone~~~
Attorneys for Petitioner:
Solicitor General U.S. Department of Justice
Washington, DC 20530
Party name: Janet Reno, Attorney General, et al.
 
Attorneys for Respondent:
Jay W. Stansell Office of Public Defender
1111 Third Avenue, Suite 1100
Seattle, WA 98101-3207
Party name: Kim Ho Ma
 
Other Attorneys:
Richard A. Samp Washington Legal Foundation 2025880302
2009 Massachusetts Ave., NW
Washington, DC 20036
Party name: Washington Legal Foundation, et al.
 
Seth M.M. Stodder Gibson Dunn & Crutcher 2029558500
1050 Connecticut Ave., NW
Washington, DC 20036
Party name: Lawyers Committee for Human Rights
 
George A. Cumming Jr. Spear Street Tower 4154421198
One Market
San Francisco, CA 94105
Party name: Carolyn Patty Blum, et al.
 
Laurie Joyce Catholic Legal Network 4153940785
564 Market Street, #416
San Francisco, CA 94104
Party name: Catholic legal Immigration Network, Inc., et al.
 
Judy Rabinovitz ACLU 2125492618
125 Broad Street
New York, NY 10004-2400
Party name: American Civil Liberties Union, et al.
 
William j. Aceves CA Western School of Law 6195251589
225 Cedar Street
San Diego, CA 92101
Party name: Human Rights Watch, et al.
 
Nancy Morawetz Washington Square Legal Servic2129986430
161 Avenue of the Americas, 4F
New York, NY 10013
Party name: American Association of Jews from the Former USSR, et al.