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Kirstjen M. Nielsen, Secretary of Homeland Security, et al. v. Mony Preap, et al.

Certiorari Granted on March 19, 2018

The date for argument has not yet been set.

  • Amicus Briefs in support of Petitioner or Neither Party are due by June 1, 2018.

  • Amicus Briefs in support of Respondents are due by August 6, 2018.

Counsel for Petitioner

Noel J. Francisco

Solicitor General

United States Department of Justice

950 Pennsylvania Avenue, NW

Washington, DC 20530-0001



Party name: Kirstjen M. Nielsen, Secretary of Homeland Security, et al.

Counsel for Respondent

Michael King Thomas Tan

American Civil Liberties Union Foundation

125 Broad St., 18th Floor

New York, NY 10004



Party name: Mony Preap, et al.

Question Presented

Is a state robbery offense that includes "as an element" the common law requirement of overcoming "victim resistance" categorically a "violent felony" under the only remaining definition of that term in the Armed Career Criminal Act, 18 U.S.C. ยง 924(e)(2)(B)(i)(an offense that "has as an element the use, attempted use, or threatened use of physical force against the person of another"), if the offense has been specifically interpreted by state appellate courts to require only slight force to overcome resistance?