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Irving F. Rounds, Jr. v. Department of Justice, et al.

Paid petition · United States Court of Appeals for the First Circuit, No. 23-1789 · judgment October 16, 2025


Certiorari denied · May 26, 2026
Pre-decision estimate: 0% cert probability

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

Question presented

Whether Petitioner was denied due process under the Fifth Amendment where the lower federal courts: I. Dismissed Petitioner's sworn claims of governmental retaliation and threats without affording any evidentiary hearing or opportunity to present witnesses, despite factual allegations that could not lawfully be resolved on the written record alone; IL Denied motions for recusal and reassignment without stating any basis, despite documented institutional connections between the presiding judges and the named federal defendants, creating an appearance of bias too high to be constitutionally tolerable under Caperton v. A.T. Massey Coal Co., 556 U.S. 868 (2009); and III. Affirmed dismissal by summary order and denied rehearing without providing any legal reasoning, leaving Petitioner unable to determine whether his constitutional claims were rejected on jurisdictional, procedural, or merits grounds, in violation of the due process principles reaffirmed in Noem v. Abrego Garcia, No. 24A949 (2025).

Counsel of record

For petitioner
Irving F. Rounds Jr.

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Jun 29 2026
    Rehearing DENIED.
  2. Jun 09 2026
    DISTRIBUTED for Conference of 6/25/2026.
  3. Jun 01 2026
    Petition for Rehearing filed.
  4. May 26 2026
    Petition DENIED.
  5. May 05 2026
    DISTRIBUTED for Conference of 5/21/2026.
  6. Apr 30 2026
    Waiver of right of respondent Federal Respondents to respond filed.
  7. Mar 12 2026
    Petition for a writ of certiorari filed. (Response due May 7, 2026)