No. 18-597

John Ching En Lee v. United States

Lower Court: Ninth Circuit
Docketed: 2018-11-06
Status: Denied
Type: Paid
Tags: agency-decision ambiguous-question false-statement false-statement-defense literal-truth materiality mens-rea real-world-context statutory-interpretation
Key Terms:
Immigration Privacy
Latest Conference: 2019-02-15
Question Presented (AI Summary)

When determining whether an alleged false statement has a literal truth defense, may a court isolate the ambiguous question or view it in the totality of its real-world context?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. When determining whether an alleged false statement has a literal truth defense, may a court isolate the ambiguous question or view it in the totality of its real-world context? 2. After Ajoku, to meet the requisite mens rea under 18 U.S.C. § 1001(a)(2), must a defendant have knowledge or a reckless disregard that the underlying conduct of the lie was unlawful? 3. Does Maslenjak’s “materiality” requirement demand that the government establish that a false statement influenced an actual decision of an agency?

Docket Entries

2019-02-19
Petition DENIED.
2019-01-23
DISTRIBUTED for Conference of 2/15/2019.
2019-01-22
Reply of petitioner John Lee filed.
2019-01-07
Brief of respondent United States in opposition filed.
2018-12-06
Motion to extend the time to file a response is granted and the time is extended to and including January 7, 2019.
2018-12-04
Motion to extend the time to file a response from December 6, 2018 to January 7, 2019, submitted to The Clerk.
2018-11-02
Petition for a writ of certiorari filed. (Response due December 6, 2018)
2018-08-24
Application (18A203) granted by The Chief Justice extending the time to file until November 2, 2018.
2018-08-21
Application (18A203) to extend the time to file a petition for a writ of certiorari from September 4, 2018 to November 3, 2018, submitted to The Chief Justice.

Attorneys

John Lee
Kari Elisabeth HongBoston College Law School, Petitioner
Kari Elisabeth HongBoston College Law School, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent