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Ashok Kumar Cheejati, et al. v. Antony J. Blinken, Secretary of State, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 23-40398 · judgment July 5, 2024


Certiorari denied · January 21, 2025
Pre-decision estimate: 7% cert probability (95% interval 5%–10%)

Before the decision, about 1.7× the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a circuit split argued in the petition, and counsel who has filed here before.

Questions presented

  1. Whether there is clear and convincing evidence that Congress intended 8 U.S.C. § 1252(a)(2)(B)(ii) to preclude judicial review of unlawful withholding claims?

  2. Whether a statutory deadline is required to state a claim under 5 U.S.C. § 706(1) under the Administrative Procedure Act?

Counsel of record

For petitioner
Bradley Bruce Banias
Banias Law, LLC

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 21 2025
    Petition DENIED.
  2. Dec 31 2024
    DISTRIBUTED for Conference of 1/17/2025.
  3. Dec 12 2024
    Brief of respondents Blinken, Sec. of State, et al. in opposition filed.
  4. Oct 25 2024
    Motion to extend the time to file a response is granted and the time is extended to and including December 12, 2024.
  5. Oct 23 2024
    Motion to extend the time to file a response from November 12, 2024 to December 12, 2024, submitted to The Clerk.
  6. Oct 01 2024
    Petition for a writ of certiorari filed. (Response due November 12, 2024)