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Nicholas Weir v. United States Citizenship and Immigration Services, et al.

IFP petition · United States Court of Appeals for the Second Circuit, No. 23-7416 · judgment November 22, 2024


Certiorari denied · November 17, 2025

Question presented

Can the United States Citizenship and Immigration Services (“USCIS”) and its employees deny an application for naturalization because the applicant request a modified oath of allegiance on conscientious objection to serve in the military on First Amendment ground (self-contemplated and deeply-held belief) announced in Welsh v. United States, 398 U.S. 333 (1970)?

Counsel of record

For petitioner
Nicholas Weir

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Nov 17 2025
    Petition DENIED.
  2. Oct 30 2025
    DISTRIBUTED for Conference of 11/14/2025.
  3. Oct 24 2025
    Petitioner complied with order of October 6, 2025.
  4. Oct 06 2025
    The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until October 27, 2025, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
  5. Aug 21 2025
    DISTRIBUTED for Conference of 9/29/2025.
  6. Jul 29 2025
    Waiver of right of respondent Federal Respondents to respond filed.
  7. May 14 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 6, 2025)