Supreme Court of the United States · Official docket →
Kristen H. Colindres, et al. v. Department of State, et al.
Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 22-5009 · judgment June 23, 2023
Before the decision, about 2.5× 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).
Question presented
Whether the doctrine of consular nonreviewability insulates from judicial review a consular decision that lacks both a facially legitimate and bona fide basis; provides no discrete factual predicate; applies an unconstitutionally vague statutory provision of the Immigration and Nationality Act, to wit: 8 U.S.C. §1182(a)(3)(A)(ii); and transgresses multiple bedrock constitutional limitations, including procedural and substantive due process rights, entitlement to equal protection of the laws, rights to freedom of speech and expressive activity, the fundamental, associational, and marital right to live together as Husband and Wife, and the United States citizen spouse’s fundamental liberty interest in residing in her country of citizenship.
Counsel of record
For petitioner
Christopher Westley Dempsey
Dempsey Law, PLLC
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Conference history
Distributed for 3 conferences
Proceedings
- Jul 02 2024Petition DENIED.
- Jun 28 2024DISTRIBUTED for Conference of 7/1/2024.
- Jan 08 2024DISTRIBUTED for Conference of 1/12/2024.
- Dec 06 2023DISTRIBUTED for Conference of 1/5/2024.
- Nov 22 2023Brief for the Respondents filed.
- Oct 26 2023Motion to extend the time to file a response is granted and the time is extended to and including November 22, 2023.
- Oct 24 2023Motion to extend the time to file a response from November 2, 2023 to November 22, 2023, submitted to The Clerk.
- Sep 21 2023Petition for a writ of certiorari filed. (Response due November 2, 2023)