Supreme Court Report

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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: 13% cert probability (95% interval 9%–19%)

Before the decision, about 3.2× the 4.1% base rate. The model weighted this up for a Second Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

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

Conference history
Distributed for 1 conference

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)