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Lassana Magassa v. Alejandro N. Mayorkas, Secretary of Homeland Security, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 21-35700 · judgment November 9, 2022


Certiorari denied · October 10, 2023
Pre-decision estimate: 6% cert probability (95% interval 4%–9%)

Before the decision, about 1.5× the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a Ninth Circuit decision below, and a circuit split argued in the petition.

Question presented

Question No. 1 presented: Does agency rulemaking itself, like the STA Redress Process, constitute a final order under 49 U.S.C. § 46110, therefore stripping the district court of jurisdiction over constitutional and Administrative Procedure Act challenges, in contrast to this Court’s binding precedent in McNary v. Haitian Refugee Ctr., Inc., 498 U.S. 479 (1991)? Question No. 2 presented: Does a plaintiff adequately plead harm to a liberty interest in reputation, sufficient to establish injury-infact and therefore standing, when the plaintiff articulates government action that causes ongoing personal harm and stigma, even when part of the reputational harm derives from revocation of an employee access badge? Question No. 3 presented: Does 42 U.S.C. § 1981 apply to actions against federal agents sued in their individual capacities, even after Congress amended the statute in 1991 to broaden its applicability?

Counsel of record

For petitioner
Christina A. Jump
Constitutional Law Center for Muslims in America

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 10 2023
    Petition DENIED.
  2. Sep 13 2023
    DISTRIBUTED for Conference of 10/6/2023.
  3. Sep 11 2023
    Reply of petitioner Lassana Magassa filed. (Distributed)
  4. Aug 30 2023
    Brief of respondents Alejandro N. Mayorkas, Secretary of Homeland Security, et al. in opposition filed.
  5. Jul 12 2023
    Motion to extend the time to file a response is granted and the time is further extended to and including August 30, 2023.
  6. Jul 11 2023
    Motion to extend the time to file a response from July 31, 2023 to August 30, 2023, submitted to The Clerk.
  7. Jun 12 2023
    Motion to extend the time to file a response is granted and the time is extended to and including July 31, 2023.
  8. Jun 09 2023
    Motion to extend the time to file a response from June 29, 2023 to July 31, 2023, submitted to The Clerk.
  9. May 25 2023
    Petition for a writ of certiorari filed. (Response due June 29, 2023)