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Gerardo Gonzalez-Valencia v. United States

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 23-3126 · judgment April 11, 2025


Certiorari denied · October 20, 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.

Question presented

Under 28 U.S.C. § 2106, Congress granted this Court and the courts of appeals broad authority to act in the interests of justice. The issue here is what are the standards for exercising that authority? The D.C., Seventh, and Third Circuits have invoked section 2106 to reverse and remand in the interest of justice, even though the district court did not commit any legal or factual error that would otherwise qualify for reversal. But this Court has no precedent establishing if, or when, such invocation is appropriate. There are no analytical guideposts for exercising discretion to remand when there is no error to reverse. The Court should grant certiorari to bring uniformity to the law.

Counsel of record

For petitioner
Devin Jai Burstein
Warren & Burstein

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 20 2025
    Petition DENIED.
  2. Oct 01 2025
    DISTRIBUTED for Conference of 10/17/2025.
  3. Sep 25 2025
    Waiver of right of respondent United States to respond filed.
  4. Sep 08 2025
    Petition for a writ of certiorari filed. (Response due October 14, 2025)