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Jernice Hamilton, aka Garnaris Hamilton v. United States

IFP petition · United States Court of Appeals for the Federal Circuit, No. 2024-2200 · judgment August 14, 2025


Certiorari denied · June 1, 2026

Question presented

I Whether a military separation is void ab initio when the Department of the Army fails to provide the mandatory ‘Full and Fair Hearing “required by 10 U.S.C. 1214, based upon an official government record (VA BIRLS) erroneously reporting the service Member as ‘Deceased? II. Whether the government violates the Due Process Clause and 10 U.S.C. 1214 when it administratively declares a living service member "deceased," subsequently denying benefits based on "noshows" for evaluations the Petitioner was legally barred from attending, and whether such a "state-created barrier" requires a mandatory finding of Constructive Active- Duty Service for the period of the error. III. Whether a reviewing court commits reversible error by failing to apply the 5 U.S.C. 706 "Hard Look" standard—an omission conceded by the Government - thereby insulating a 38-year-old structural error (including five misdiagnoses and a false death report) from the full retroactive relief now mandated by Soto v. United States (2025). IV Whether the Adamo Wrecking Doctrine and 5 U.S.C.706 require a reviewing Court to set aside a military discharge as Void Ab Initio when the Government's own record admits the Petitioner met medical referral standards " prior to discharge “But was denied the mandatory " full and fair hearing " required by 10U.S.C.1214

Counsel of record

For petitioner
Jernice Hamilton

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Linked docket
25A876

Proceedings

  1. Aug 17 2026
    Rehearing DENIED.
  2. Jul 23 2026
    DISTRIBUTED.
  3. Jun 09 2026
    Petition for Rehearing filed.
  4. Jun 01 2026
    Petition DENIED.
  5. May 13 2026
    DISTRIBUTED for Conference of 5/28/2026.
  6. May 07 2026
    Waiver of right of respondent United States to respond filed.
  7. Apr 04 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 14, 2026)
  8. Feb 04 2026
    Application (25A876) granted by The Chief Justice extending the time to file until April 5, 2026.
  9. Jan 15 2026
    Application (25A876) to extend the time to file a petition for a writ of certiorari from February 4, 2026 to April 5, 2026, submitted to The Chief Justice.