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Mohamed Idris Ahmed v. United States

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 17-4046 · judgment May 24, 2018


Certiorari denied · October 29, 2018
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Whether the plurality decision in Kungys v. United States, 485 U.S. 759, 108 S. Ct. 1537, 99 L. Ed. 839 (1988) addressing the procurement element of a claim based on 8 U.S.C. § 1451(a) has caused such confusion and varied and conflicting interpretations by lower courts as to merit a reexamination of the legal test for the proof of procurement.

  2. Whether the courts below failed to require that the United States prove, by clear, unequivocal and convincing evidence that Petitioner illegally procured naturalized citizenship by the willful concealment of information during the naturalization process, as required by Kungys, 485 U.S. 759, 108 S. Ct. 1537, 99 L. Ed. 839 (1988) and as addressed in Maslenjak v. United States, 582 U.S. ____, 137 S. Ct. 1918, 198 L. Ed. 2d 460 (2017).

Counsel of record

For petitioner
D. Wesley Newhouse II
NEWHOUSE, PROPHATER, KOLMAN & HOGAN, LLC

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 29 2018
    Petition DENIED.
  2. Oct 03 2018
    DISTRIBUTED for Conference of 10/26/2018.
  3. Sep 27 2018
    Waiver of right of respondent United States to respond filed.
  4. Aug 22 2018
    Petition for a writ of certiorari filed. (Response due September 27, 2018)