Supreme Court of the United States · Official docket →
Fathi Elltaif Saad Elldakli, et al. v. Merrick B. Garland, Attorney General, et al.
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 22-20344 · judgment April 4, 2023
Certiorari denied · December 11, 2023
Pre-decision estimate: 20% cert probability (95% interval 15%–26%)
Before the decision, about 4.8× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Fifth Circuit decision below, and a circuit split argued in the petition.
Question presented
Whether a status-adjustment decision by the United States Citizenship and Immigration Services constitutes final agency action within the meaning of the Administrative Procedure Act, 5 U.S.C. 704, when removal proceedings are not pending. (I)
Counsel of record
For petitioner
Kannon K. Shanmugam
Paul, Weiss, Rifkind, Wharton & Garrison LLP
For respondent
Elizabeth B. Prelogar
Solicitor General
Proceedings
- Dec 11 2023Petition DENIED.
- Nov 21 2023DISTRIBUTED for Conference of 12/8/2023.
- Nov 21 2023Reply of petitioners Fathi Elltaif Saad Elldakli, et al. filed. (Distributed)
- Nov 03 2023Brief of respondents Merrick B. Garland, Attorney General, et al. in opposition filed.
- Sep 22 2023Motion to extend the time to file a response is granted and the time is further extended to and including November 3, 2023.
- Sep 20 2023Motion to extend the time to file a response from October 5, 2023 to November 3, 2023, submitted to The Clerk.
- Aug 31 2023Motion to extend the time to file a response is granted and the time is extended to and including October 5, 2023.
- Aug 29 2023Motion to extend the time to file a response from September 5, 2023 to October 5, 2023, submitted to The Clerk.
- Aug 02 2023Petition for a writ of certiorari filed. (Response due September 5, 2023)
- Jun 23 2023Application (22A1098) granted by Justice Alito extending the time to file until August 2, 2023.
- Jun 16 2023Application (22A1098) to extend the time to file a petition for a writ of certiorari from July 3, 2023 to August 2, 2023, submitted to Justice Alito.