Supreme Court of the United States · Official docket →
Monika Kapoor v. Vincent F. DeMarco, United States Marshal for the Eastern District of New York, et al.
Paid petition · United States Court of Appeals for the Second Circuit, No. 22-2806 · judgment March 26, 2025
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
The general federal habeas corpus statute, 28 U.S.C. § 2241, extends the Great Writ to detention “in violation of the * * * laws or treaties of the United States.” And “[i]n the extradition context * * * , habeas corpus proceedings have long been the appropriate vehicle * * * for detainees to bring claims seeking to bar their transfers.” Trump v. J.G.G., 145 S. Ct. 1003, 1007 (2025) (Kavanaugh, J., concurring). In the decision below, the Second Circuit held that 8 U.S.C. § 1252(a)(4)—a provision devoted to judicial review of immigration removal orders—strips the federal courts of habeas jurisdiction over Convention Against Torture (CAT) claims by individuals facing extradition. In so holding, the Second Circuit expressly “part[ed] ways” with the Ninth Circuit on that issue. The questions presented are:
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Whether Congress has stripped the federal courts of habeas jurisdiction over CAT claims by individuals facing extradition.
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Whether application of Section 1252(a)(4) to bar habeas review of CAT claims violates the Suspension Clause. (I)
Counsel of record
For petitioner
Daniel N. Lerman
Herbert Smith Freehills Kramer (US) LLP
For respondent
D. John Sauer
Solicitor General
Proceedings
- Oct 20 2025Petition DENIED.
- Oct 01 2025DISTRIBUTED for Conference of 10/17/2025.
- Oct 01 2025Reply of petitioner Monika Kapoor filed. (Distributed)
- Sep 17 2025Brief of respondents Vincent DeMarco, et al. in opposition filed.
- Aug 12 2025Motion to extend the time to file a response is granted and the time is further extended to and including September 17, 2025.
- Aug 11 2025Motion to extend the time to file a response from August 18, 2025 to September 17, 2025, submitted to The Clerk.
- Jul 16 2025Motion to extend the time to file a response is granted and the time is extended to and including August 18, 2025.
- Jul 15 2025Motion to extend the time to file a response from July 17, 2025 to August 18, 2025, submitted to The Clerk.
- Jun 13 2025Petition for a writ of certiorari filed. (Response due July 17, 2025)
- May 30 2025Reply of applicant Kapoor filed.
- May 30 2025Order entered by Justice Sotomayor: Upon further consideration of the application of counsel for the applicant, the response filed thereto, and the reply, It is ordered that the stay heretofore entered by Justice Sotomayor on May 19, 2025, is hereby vacated. The application for stay is, in all respects, denied.
- May 27 2025Response to application from respondent DeMarco, et al. filed.
- May 19 2025Order entered by Justice Sotomayor: Upon consideration of the application of counsel for the applicant, it is ordered that the mandate of the United States Court of Appeals for the Second Circuit, case No. 22-2806, is hereby stayed pending further order of the undersigned or of the Court. It is further ordered that a response to the application be filed on or before Tuesday, May 27, 2025, by 4 p.m. (EDT).
- May 15 2025Application (24A1108) for a stay, submitted to Justice Sotomayor.