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Heriberto Carbajal-Flores v. United States

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 24-1534 · judgment July 16, 2025


Certiorari denied · November 24, 2025
Pre-decision estimate: 1% cert probability

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

Questions presented

  1. Whether 18 U.S.C. § 922(g)(5)(A), which prohibits firearm possession by all unlawfully present noncitizens, is unconstitutional on its face under the Second Amendment’s text and history, particularly in light of this Court’s decision in New York State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1 (2022).

  2. Whether 18 U.S.C. § 922(g)(5)(A) is subject to asapplied challenges, and if so, whether the government must demonstrate that the individual is dangerous before disarmament is permissible.

Counsel of record

For petitioner
Jacob Solomon Briskman
Jacob S. Briskman, Attorney-at-Law

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Nov 24 2025
    Petition DENIED.
  2. Nov 05 2025
    DISTRIBUTED for Conference of 11/21/2025.
  3. Oct 30 2025
    Waiver of right of respondent United States to respond filed.
  4. Oct 14 2025
    Petition for a writ of certiorari filed. (Response due November 17, 2025)