Supreme Court of the United States · Official docket →
Washington Alliance of Technology Workers v. Department of Homeland Security, et al.
Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 21-5028 · judgment October 4, 2022
Before the decision, about 2.7× the 4.1% base rate. The model weighted this up for a D.C. Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).
Questions presented
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Are the statutory terms defining nonimmigrant visas in 8 U.S.C. § 1101(a)(15) mere threshold entry requirements that cease to apply once an alien is admitted or do they persist and dictate the terms of a nonimmigrant’s stay in the United States?
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When Congress has enacted a statutory scheme governing a class of aliens in the Immigration and Nationality Act, is the Department of Homeland Security’s power to extend employment authorization to that class of aliens through regulation limited to implementing the terms of that statutory scheme?
Counsel of record
For petitioner
John Michael Miano
Immigration Reform Law Institute
For respondent
Paul Whitfield Hughes
McDermott Will & Emery
Case
Conference history
Distributed for 1 conference
Amicus briefs
7 cert-stage
Proceedings
- Oct 02 2023Petition DENIED.
- Sep 05 2023Reply of petitioner Washington Alliance of Technology Workers filed. (Distributed)
- Aug 23 2023DISTRIBUTED for Conference of 9/26/2023.
- Aug 04 2023Brief of respondents Department of Homeland Security, et al. in opposition filed.
- Aug 04 2023Brief of respondents National Association of Manufacturers, et al. in opposition filed.
- Jun 28 2023Motion to extend the time to file a response is granted and the time is further extended to and including August 4, 2023, for all respondents.
- Jun 26 2023Motion of respondents National Association of Manufacturers, et al. to extend the time to file a response from July 5, 2023 to August 4, 2023, submitted to The Clerk.
- Jun 05 2023Brief amici curiae of U.S. Senators Ted Cruz, et al. filed.
- Jun 05 2023Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed.
- Jun 05 2023Brief amicus curiae of Landmark Legal Foundation filed.
- Jun 02 2023Brief amici curiae of 31 Members of the United States House of Representatives filed.
- Jun 02 2023Brief amici curiae of Kansas and 10 Other States filed.
- Jun 01 2023Brief amicus curiae of Center for Immigration Studies filed.
- May 31 2023Motion to extend the time to file a response is granted and the time is extended to and including July 5, 2023, for all respondents.
- May 30 2023Motion to extend the time to file a response is granted and the time is extended to and including July 5, 2023.
- May 30 2023Motion of respondents National Association of Manufacturers, et al. to extend the time to file a response from June 5, 2023 to July 5, 2023, submitted to The Clerk.
- May 26 2023Motion to extend the time to file a response from June 5, 2023 to July 5, 2023, submitted to The Clerk.
- May 11 2023Brief amicus curiae of Atlantic Legal Foundation filed.
- May 01 2023Petition for a writ of certiorari filed. (Response due June 5, 2023)