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Save Jobs USA v. Department of Homeland Security, et al.

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 23-5089

Certiorari denied · October 30, 2023
Pre-decision estimate: 11% cert probability (95% interval 6%–20%)

Before the decision, about 2.7× the 4.1% base rate. The model weighted this up for a D.C. Circuit decision below and a dissent in the court below (flagged in the petition).

Questions presented

  1. 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?

  2. 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
Carl E. Goldfarb
Boies Schiller & Flexner LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 30 2023
    Petition DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition.
  2. Oct 04 2023
    DISTRIBUTED for Conference of 10/27/2023.
  3. Sep 20 2023
    Brief of Federal Respondents in opposition filed.
    Main DocumentProof of Service
  4. Sep 20 2023
    Letter from counsel for respondents Immigration Voice, et al. submitted under Rule 12.6 filed.
    Main DocumentProof of Service
  5. Sep 06 2023
    Motion to extend the time to file a response is granted and the time is further extended to and including September 20, 2023.
  6. Sep 05 2023
    Motion to extend the time to file a response from September 6, 2023 to September 20, 2023, submitted to The Clerk.
    Main Document
  7. Aug 01 2023
    Motion to extend the time to file a response from August 7, 2023 to September 6, 2023, submitted to The Clerk.
    Main Document
  8. Aug 01 2023
    Motion to extend the time to file a response is granted and the time is extended to and including September 6, 2023, for all respondents.
  9. Jul 03 2023
    Petition for a writ of certiorari before judgment filed. (Response due August 7, 2023)
    PetitionAppendixCertificate of Word CountProof of Service