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United States, Petitioner v. Helaman Hansen

Docket 22-179, Supreme Court of the United States
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United States, Petitioner v. Helaman Hansen

Docket 22-179, Supreme Court of the United States (Aug. 29, 2022)
Petitioner United States
Respondent Helaman Hansen
Other Asian Americans Advancing Justice I AAJC and 45 Community-Based, Advocacy, and Social Services Organizations
...
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Judgment REVERSED and case REMANDED

Document United States, Petitioner v. Helaman Hansen, 22-179, Judgment REVERSED and case REMANDED (U.S. Jun. 23, 2023)
It is undisputed that clause (iv) encompasses a great deal of nonexpressive conduct, which does not implicate the First 4 UNITED STATES v. HANSEN Syllabus Amendment at all, e.g., smuggling noncitizens into the country.
Instead, he offers a string of hypotheticals, all premised on the expansive ordinary meanings of “encourage” and “induce.” None of these examples are filtered through the traditional elements of solicitation and facilitation—most ...
Hansen does not dis- pute that the provision encompasses a great deal of nonex- pressive conduct—which does not implicate the First Amendment at all.
Yet none of Hansen’s ex- amples are filtered through the elements of solicitation or facilitation—most importantly, the requirement (which we again repeat) that a defendant intend to bring about a spe- cific result.
As we have discussed, the provision has a wide legitimate reach insofar as it applies to nonexpressive conduct and speech soliciting or facilitat- ing criminal violations of immigration law.
* * * For these reasons, none of the traditional tools of statu- tory interpretation makes the encouragement provision 16 UNITED STATES v. HANSEN JACKSON, J., dissenting readily susceptible to the majority’s narrowing construc- ...
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Reply of petitioner United States filed - Main Document

Document United States, Petitioner v. Helaman Hansen, 22-179, Reply of petitioner United States filed, Main Document (U.S. Mar. 17, 2023)
More fundamentally, none of respondent’s argu- ments supply what this Court has required to justify the overbreadth doctrine’s departure from usual principles of constitutional adjudication: A showing of a realistic danger that the ...
If respondent is permitted under the overbreadth doctrine to challenge his conviction by hypothesizing nonexistent prosecu- tions, they should at least be prosecutions whose stylized facts would support all of the findings that the jury ...
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Reply of petitioner United States filed

Document United States, Petitioner v. Helaman Hansen, 22-179, Reply of petitioner United States filed (U.S. Mar. 17, 2023)
More fundamentally, none of respondent’s argu- ments supply what this Court has required to justify the overbreadth doctrine’s departure from usual principles of constitutional adjudication: A showing of a realistic danger that the ...
If respondent is permitted under the overbreadth doctrine to challenge his conviction by hypothesizing nonexistent prosecu- tions, they should at least be prosecutions whose stylized facts would support all of the findings that the jury ...
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Reply of petitioner United States filed - Proof of Service

Document United States, Petitioner v. Helaman Hansen, 22-179, Reply of petitioner United States filed, Proof of Service (U.S. Mar. 17, 2023)
No. 22-179 IN THE SUPREME COURT OF THE UNITED STATES UNITED STATES OF AMERICA, PETITIONER v. HELAMAN HANSEN C
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Brief of petitioner United States filed

Document United States, Petitioner v. Helaman Hansen, 22-179, Brief of petitioner United States filed (U.S. Jan. 18, 2023)
Respondent nonetheless organized real adult adoptions 8 in state courts for his victims, frequently with unwitting relatives, friends, or ministers serving as the adoptive parents.
In once again invalidating Section 1324(a)(1)(A)(iv), the court of appeals acknowledged that this Court had vacated the first Sineneng-Smith opinion, but it none- theless “conclude[d] that much of [the Sineneng-Smith opinion’s] thorough ...
The court of appeals instead relied on the overbreadth doctrine, under which a statute that is con- cededly valid as applied to the defendant may nonethe- less be struck down on its face if it would violate the First Amendment in a ...
Relying on those hypotheticals was particu- larly inappropriate here because none of the hypotheti- cals would satisfy the financial-gain requirement—a part of respondent’s crime of conviction that the court wrongly ignored.
Many prosecutions under Section 1324(a)(1)(A)(iv), such as the prosecutions for smuggling-related activities, involve only nonexpressive conduct.
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Brief of petitioner United States filed - Proof of Service

Document United States, Petitioner v. Helaman Hansen, 22-179, Brief of petitioner United States filed, Proof of Service (U.S. Jan. 18, 2023)
No. 22-179 IN THE SUPREME COURT OF THE UNITED STATES UNITED STATES OF AMERICA, PETITIONER v. HELAMAN HANSEN CERTIFICATE OF SERVI
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