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Save Jobs USA v. Department of Homeland Security, et al.

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 23-5089 · judgment August 2, 2024


Certiorari denied · October 14, 2025
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Whether the Department of Homeland Security can grant work authorization for classes of nonimmigrants for whom Congress has refused to grant work authorization.

  2. Whether the statutory terms defining nonimmigrant visas in 8 U.S.C. § 1101(a)(15) are mere threshold entry requirements that cease to apply once an alien is admitted or whether they persist and dictate the terms of a nonimmigrant’s stay in the United States.

Counsel of record

For petitioner
John Michael Miano
Immigration Reform Law Institute

For respondent
Carl E. Goldfarb
Boies Schiller & Flexner LLP

Case

Conference history
Distributed for 3 conferences

Amicus briefs
5 cert-stage

Proceedings

  1. Oct 14 2025
    Petition DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition.
  2. Oct 06 2025
    DISTRIBUTED for Conference of 10/10/2025.
  3. Sep 26 2025
    Rescheduled.
  4. Aug 27 2025
    DISTRIBUTED for Conference of 9/29/2025.
  5. Aug 22 2025
    Reply of petitioner Save Jobs USA filed.
  6. Aug 08 2025
    Brief of respondents Federal Respondents in opposition filed.
  7. Aug 08 2025
    Brief of respondents Immigration Voice, et al. in opposition filed.
  8. Jul 08 2025
    Motion to extend the time to file a response is granted and the time is further extended to and including August 8, 2025, for all respondents.
  9. Jul 07 2025
    Motion to extend the time to file a response from July 9, 2025 to August 8, 2025, submitted to The Clerk.
  10. May 28 2025
    Motion to extend the time to file a response is granted and the time is further extended to and including July 9, 2025, for all respondents.
  11. May 27 2025
    Motion to extend the time to file a response from June 9, 2025 to July 9, 2025, submitted to The Clerk.
  12. Apr 25 2025
    Motion to extend the time to file a response is granted and the time is extended to and including June 9, 2025, for all respondents.
  13. Apr 24 2025
    Motion to extend the time to file a response from May 9, 2025 to June 9, 2025, submitted to The Clerk.
  14. Apr 09 2025
    Response Requested. (Due May 9, 2025)
  15. Apr 01 2025
    DISTRIBUTED for Conference of 4/17/2025.
  16. Mar 28 2025
    Waiver of right of respondents Anujkumar Dhamija and Immigration Voice to respond filed.
  17. Mar 28 2025
    Waiver of right of respondent Federal Respondents to respond filed.
  18. Mar 28 2025
    Brief amicus curiae of Former Acting Secretary of the Department of Homeland Security Chad Wolf filed. (Distributed)
  19. Mar 28 2025
    Brief amici curiae of U.S. Senator Ted Cruz, et al. filed. (Distributed)
  20. Mar 27 2025
    Brief amici curiae of Phyllis Schlafly Eagles, et al. filed.
  21. Mar 21 2025
    Brief amicus curiae of Landmark Legal Foundation filed.
  22. Mar 18 2025
    Brief amicus curiae of Atlantic Legal Foundation filed.
  23. Feb 20 2025
    Petition for a writ of certiorari filed. (Response due March 28, 2025)