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Cesar Caballero, et al. v. United States, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 20-17356


Certiorari denied · March 28, 2022
Pre-decision estimate: 5% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below and counsel who has filed here before.

Questions presented

  1. Whether the Trial Court and the Court of Appeals committed prejudicial error in barring/blocking a Native American tribe from pursuing in rem / quiet title remedies on lands promised and granted to them by the USA from that tribe, but stolen by another tribe based on lack of subject matter jurisdiction due to the non-justiciable political question doctrine.

  2. Whether or not, the Court committed prejudicial error by blocking a native American tribe from pursuing an in rem/quiet title/stolen tribal lands case, on the basis of USA sovereign immunity tribal sovereign immunity.

  3. Whether the waiver by the United States of America of its sovereign immunity over quiet title claims impermissibly discriminates in violation of the Equal Protection Clause of the 14th Amendment against Native American tribes having quiet title claims that are barred by the Native American lands express exceptions set forth in 28 USC section 2409a.

  4. Whether the Trial Court and the Court of Appeals committed prejudicial air in barring/blocking the Indian tribes pursuit of Land title claims constitutes an impermissible denial of the right to access to courts as guaranteed by the First Amendment right to petition the court government for redress of grievances.

Counsel of record

For petitioner
Herman A.D. Franck
Franck & Associates

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 28 2022
    Petition DENIED.
  2. Mar 09 2022
    DISTRIBUTED for Conference of 3/25/2022.
  3. Feb 22 2022
    Waiver of right of respondent United States to respond filed.
  4. Jan 14 2022
    Petition for a writ of certiorari filed. (Response due February 28, 2022)