Supreme Court of the United States · Official docket →
Victor Dema v. Jennifer Toth, Director, Arizona Department of Transportation
IFP petition · United States Court of Appeals for the Ninth Circuit, No. 23-3136 · judgment October 21, 2025
Question presented
QUESTION(S) (of interpretation of laws) PRESENTED A. Whether All The Ninth Court Of Appeals’ Decisions Rendered Against This Particular Petitioner In This Very Case, Conflict With All The Other Federal Circuit Courts’ Decisions Rendered On Similarly Related Issues Of A Citizen Of A Foreign Country Lawfully Admitted To The United States And Domiciled In The Same State As The Respondent? B. Given The U.S. Long-Standing, Present Day And Current Government’s Nationwide Immigration Sentiments, Whether The ‘Forum Defendant Rule’ Under 28 U.S.C.A. § 1441(b)(2), Stopped State Court Cases From Being Removed To Federal Court If A Defendant Is A Citizen Of A State (such as this Arizona) Where The Suit Was filed? C. Whether Ninth Circuit Court Of Appeals Abused Its Discretion By Circumvention Of Interpretation Of The Legislative Act Of Federal Courts Jurisdiction And Venue Clarification Act Of 2011, §101 - Regarding Treatment Of Immigrant Aliens? D. Whether The Respondent Arizona Government’s Removal Of Its Own Citizen’s State Court Case From Its Own Court Was Not Only A Suspicious Move Against Its Own Government, But Whether It Has Assurance Of Success In Federal Court E. Whether Respondent John S. Halikowski’s Removal Of The Originated Case From State Court To Federal Court Was Timely Under Title 28 U.S.C.A. § 1446(b)?
Counsel of record
For petitioner
Victor O. Dema
For respondent
Daniel Patrick Schaack
Arizona Atty. General
Case
Conference history
Distributed for 1 conference
Proceedings
- Mar 23 2026Petition DENIED.
- Feb 26 2026DISTRIBUTED for Conference of 3/20/2026.
- Feb 17 2026Waiver of right of respondent John S. Halikowski to respond filed.
- Jan 20 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 6, 2026)