No. 22-124
Brett C. Kimberlin v. United States
Amici (1)
Experienced Counsel
Tags: circuit-split civil-disability civil-rights collateral-consequences criminal-procedure due-process judicial-review standing writ-of-error-coram-nobis
Key Terms:
HabeasCorpus Immigration JusticiabilityDoctri
HabeasCorpus Immigration JusticiabilityDoctri
Latest Conference:
2023-01-06
Question Presented (AI Summary)
Whether a petitioner must show he suffers from a 'civil disability' before a court can grant a writ of error coram nobis
Question Presented (OCR Extract)
QUESTION PRESENTED Whether a petitioner must show he suffers from a “civil disability’—that is, a collateral consequence that causes a substantial and present harm, is specific to the criminal context, and arises solely from the erroneous conviction— before a court can grant a writ of error coram nobis, as the First, Second, Sixth, and Seventh Circuits have held, or whether a court may instead presume that every conviction has collateral consequences that provide adequate standing to seek relief, as the Fourth, Ninth, and Eleventh Circuits have held. (i)
Docket Entries
2023-01-09
Petition DENIED.
2022-11-30
DISTRIBUTED for Conference of 1/6/2023.
2022-11-22
Reply of petitioner Brett C. Kimberlin filed.
2022-11-10
Brief of respondent United States in opposition filed.
2022-10-04
Motion to extend the time to file a response is granted and the time is further extended to and including November 10, 2022.
2022-10-03
Motion to extend the time to file a response from October 11, 2022 to November 10, 2022, submitted to The Clerk.
2022-09-06
Brief amicus curiae of Rights Behind Bars filed.
2022-08-31
Motion to extend the time to file a response is granted and the time is extended to and including October 11, 2022.
2022-08-30
Motion to extend the time to file a response from September 8, 2022 to October 11, 2022, submitted to The Clerk.
2022-08-05
Petition for a writ of certiorari filed. (Response due September 8, 2022)
2022-05-31
Application (21A773) granted by Justice Barrett extending the time to file until August 6, 2022.
2022-05-26
Application (21A773) to extend the time to file a petition for a writ of certiorari from June 7, 2022 to August 6, 2022, submitted to Justice Barrett.
Attorneys
Brett C. Kimberlin
Jo-Ann Tamila Sagar — Hogan Lovells US LLP, Petitioner
Neal Kumar Katyal — Hogan Lovells US LLP, Petitioner
Rights Behind Bars
Samuel David Kinder Weiss — Rights Behind Bars, Amicus
United States of America
Elizabeth B. Prelogar — Solicitor General, Respondent