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Tahawwur Hussain Rana v. W. Z. Jenkins, II

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 23-1827 · judgment August 15, 2024


Certiorari denied · January 21, 2025
Pre-decision estimate: 9% cert probability (95% interval 7%–13%)

Before the decision, about 2.3× the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Question presented

Whether the term “offense” in the double jeopardy provision of the United States-India extradition treaty and many other extradition treaties refers to the conduct underlying the charges in the two countries, as the Second Circuit has held, or to the elements of the crimes charged, as the Fourth Circuit has held and as the Ninth Circuit held in this case.

Counsel of record

For petitioner
Joshua Lewis Dratel

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 23 2024
    Reply of petitioner Tahawwur Hussain Rana filed.
  4. Dec 16 2024
    Brief of respondent W.Z. Jenkins, II in opposition filed.
  5. Nov 13 2024
    Petition for a writ of certiorari filed. (Response due December 16, 2024)