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Department of Homeland Security, et al. v. Rahinah Ibrahim

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 14-16161, 14-17272 · judgment January 2, 2019


Certiorari denied · October 15, 2019
Pre-decision estimate: 41% cert probability (95% interval 32%–50%)

Before the decision, about 9.9× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a Ninth Circuit decision below.

Question presented

Whether the Ninth Circuit erred in vacating the district court’s finding of no bad faith in the government’s conduct in this novel litigation brought by a foreign national living outside the United States, asserting a due process right to challenge her presence on the No Fly List and other government lists and databases. (I)

Counsel of record

For petitioner
Noel John Francisco
Jones Day

For respondent
Neal Kumar Katyal
Milbank LLP

Case

Conference history
Distributed for 2 conferences

Linked docket
18A954

Proceedings

  1. Oct 15 2019
    Motion for leave to file a reply brief under seal with redacted copies for the public record GRANTED. Justice Kagan took no part in the consideration or decision of this motion.
  2. Oct 15 2019
    Petition DENIED. Justice Alito would grant the petition for a writ of certiorari. Justice Kagan took no part in the consideration or decision of this petition.
  3. Oct 07 2019
    DISTRIBUTED for Conference of 10/11/2019.
  4. Sep 11 2019
    Motion for leave to file a reply brief under seal with redacted copies for the public record filed by petitioners Department of Homeland Security, et al. (Distributed)
  5. Sep 11 2019
    Reply brief of petitioners filed.
  6. Aug 21 2019
    DISTRIBUTED for Conference of 10/1/2019.
  7. Aug 05 2019
    Brief of respondent Rahinah Ibrahim in opposition filed.
  8. Jun 07 2019
    Motion to extend the time to file a response from July 5, 2019 to August 5, 2019, submitted to The Clerk.
  9. Jun 07 2019
    Motion to extend the time to file a response is granted and the time is extended to and including August 5, 2019.
  10. May 31 2019
    Petition for a writ of certiorari filed. (Response due July 5, 2019)
  11. Apr 22 2019
    Application (18A954) granted by Justice Gorsuch extending the time to file until May 31, 2019.
  12. Apr 19 2019
    Application (18A954) to extend further the time to file a petition for a writ of certiorari from May 2, 2019 to May 31, 2019, submitted to Justice Gorsuch.
  13. Mar 25 2019
    Application (18A954) granted by Justice Gorsuch extending the time to file until May 2, 2019.
  14. Mar 22 2019
    Application (18A954) to extend the time to file a petition for a writ of certiorari from April 2, 2019 to May 2, 2019, submitted to Justice Gorsuch. (Justice Kagan is recused.)