Supreme Court of the United States · Official docket →
Mohammed Jibril, et ux., Individually and on Behalf of Their Minor Children Y. J. and O. J., et al. v. Alejandro N. Mayorkas, Secretary of Homeland Security, et al.
Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 23-5074 · judgment May 14, 2024
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
The lower courts endorsed the agency defendants’ assertion that all seven Jibril family members lacked standing to sue for injunctive relief challenging the due process in the Department of Homeland Security’s Traveler Redress Inquiry Program (“DHS TRIP”) as applied to them. The Jibrils still do not know the factual basis for that asserted lack of standing. Question No. 1 presented: 'RSODLQWLIIVVKRZDULVNRIIXWXUHKDUPVXIÀFLHQWWR establish standing to challenge the DHS TRIP redress process, based on the likelihood of repetition of past harm, in light of the ability of the government to place plaintiffs on or return plaintiffs to the Terrorist Screening Dataset at any time and for any reason, without notice? Question No. 2 presented: 'RSODLQWLIIVVXIÀFLHQWO\VKRZLPPLQHQWIXWXUHKDUP by establishing the need for future religious travel, even ZLWKRXW VSHFLÀF GDWHV DQG WLPHV VXFK DV WKH LQWHQW WR complete religiously mandated pilgrimages? Question No. 3 presented: Must plaintiffs and courts defer to factual bases behind an agency’s conclusory assertion that plaintiffs lack standing, or are those matters more appropriately addressed after factual discovery? a. If so, do courts exercise appropriate independent judgment when they defer to factual assertions that agencies allege show plaintiffs’ lack of standing, even where agencies never reveal the facts to plaintiffs before or during litigation?
Counsel of record
For petitioner
Christina A. Jump
CONSTITUTIONAL LAW CENTER FOR MUSLIMS IN AMERICA
For respondent
Elizabeth B. Prelogar
Solicitor General
Proceedings
- Nov 12 2024Petition DENIED.
- Oct 23 2024DISTRIBUTED for Conference of 11/8/2024.
- Oct 15 2024Waiver of right of respondent Mayorkas, Alejandro, et al. to respond filed.
- Sep 11 2024Petition for a writ of certiorari filed. (Response due October 15, 2024)
- Aug 07 2024Application (24A141) granted by The Chief Justice extending the time to file until September 11, 2024.
- Aug 05 2024Application (24A141) to extend the time to file a petition for a writ of certiorari from August 12, 2024 to September 25, 2024, submitted to The Chief Justice.