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WeBuildTheWall, Inc. v. United States

Paid petition · United States Court of Appeals for the Second Circuit, No. 20-4274 · judgment June 21, 2021

Dismissed · May 3, 2022
Pre-decision estimate: 2% cert probability

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

Questions presented

  1. Can a non-party whose assets were restrained by a District Judge presiding over a criminal case, and who was blocked from a timely opportunity to be heard on the propriety of the restraint, appeal either under Section 1292(a)(1)’s authorization to appeal orders refusing to modify an “injunction,” or under Section 1291?

  2. Do the forfeiture statutes permit prosecutors to obtain an ex parte restraint of assets that are not, and never have been, owned by any defendant, and then block that non-party owner of the assets from any opportunity to be heard before the defendants’ sentencing?

  3. Regardless of the forfeiture statutes, does the Constitution require that a non-defendant, non-party be afforded at least a post-restraint opportunity to be heard regarding the lack of nexus between the non-party’s assets and the defendants or the alleged crime?

Counsel of record

For petitioner
Justin Seth Weddle
Weddle Law PLLC

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
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Proceedings

  1. May 03 2022
    Petition Dismissed - Rule 46.
  2. Apr 25 2022
    Stipulation to dismiss the petition for a writ of certiorari pursuant to Rule 46.1 filed.
    Main Document
  3. Mar 31 2022
    Motion to extend the time to file a response is granted and the time is further extended to and including May 9, 2022.
  4. Mar 30 2022
    Motion to extend the time to file a response from April 8, 2022 to May 9, 2022, submitted to The Clerk.
    Main Document
  5. Feb 16 2022
    Motion to extend the time to file a response is granted and the time is further extended to and including April 8, 2022.
  6. Feb 15 2022
    Motion to extend the time to file a response from February 22, 2022 to April 8, 2022, submitted to The Clerk.
    Main Document
  7. Jan 07 2022
    Motion to extend the time to file a response is granted and the time is further extended to and including February 22, 2022.
  8. Jan 06 2022
    Motion to extend the time to file a response from January 21, 2022 to February 22, 2022, submitted to The Clerk.
    Main Document
  9. Dec 17 2021
    Motion to extend the time to file a response is granted and the time is extended to and including January 21, 2022.
  10. Dec 15 2021
    Motion to extend the time to file a response from December 22, 2021 to January 21, 2022, submitted to The Clerk.
    Main Document
  11. Nov 18 2021
    Petition for a writ of certiorari filed. (Response due December 22, 2021)
    PetitionCertificate of Word CountProof of Service