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Next Generation Technology, Inc., et al. v. Ur M. Jaddou, Director, United States Citizenship and Immigration Services, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 23-495 · judgment April 11, 2024


Certiorari denied · October 7, 2024
Pre-decision estimate: 12% cert probability (95% interval 7%–19%)

Before the decision, about 2.9× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a Second Circuit decision below, and a petition filed soon after the judgment below.

Questions presented

  1. Can arguments in support of a court’s subject-matter jurisdiction be waived?

  2. The Federal Magistrates Act provides that a “judge of the [district] court shall make a de novo determination of those portions of the [magistrate judge’s] report or specified proposed findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1). Does § 636(b)(1) permit a district court to find that a party has waived de novo review of an objection to a magistrate judge’s report and recommendations because the issue or argument was not first raised before the magistrate?

Counsel of record

For petitioner
Khagendra D. Gharti Chhetry
Chhetry & Associates P.C

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Subject area
Judicial Power (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, October 7, 2024 · Certiorari denied

Proceedings

  1. Oct 07 2024
    Petition DENIED.
  2. Aug 07 2024
    DISTRIBUTED for Conference of 9/30/2024.
  3. Aug 01 2024
    Waiver of right of respondent Ur M Jaddou, USCIS and Immigration services, et al. to respond filed.
  4. Jul 09 2024
    Petition for a writ of certiorari filed. (Response due August 12, 2024)