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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


Certiorari denied · July 2, 2024
Pre-decision estimate: 10% cert probability (95% interval 7%–15%)

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

  1. Jul 02 2024
    Petition DENIED.
  2. Jun 28 2024
    DISTRIBUTED for Conference of 7/1/2024.
  3. Jan 08 2024
    DISTRIBUTED for Conference of 1/12/2024.
  4. Dec 06 2023
    DISTRIBUTED for Conference of 1/5/2024.
  5. Nov 22 2023
    Brief for the Respondents filed.
  6. Oct 26 2023
    Motion to extend the time to file a response is granted and the time is extended to and including November 22, 2023.
  7. Oct 24 2023
    Motion to extend the time to file a response from November 2, 2023 to November 22, 2023, submitted to The Clerk.
  8. Sep 21 2023
    Petition for a writ of certiorari filed. (Response due November 2, 2023)