Supreme Court of the United States · Official docket →
Diana Zuniga Kammunkun v. Department of Defense
IFP petition · United States Court of Appeals for the Federal Circuit, No. 2024-1900 · judgment January 26, 2026
Question presented
Whether the Fifth Amendment's guarantee of due process permits an agency official to materially revise investigative findings after the investigative process has concluded, direct adverse action based upon those revised findings, and then serve as final adjudicator of the employee's response to those revised findings. Whether an appellate court may affirm rejection of a federal employee's due process claim by resolving a materially different legal question than the constitutional issue actually presented for review.
Counsel of record
For petitioner
Diana Zuniga Kammunkun
For respondent
D. John Sauer
Solicitor General
Case
Subject area
Due Process (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Proceedings
- Oct 05 2026The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until October 26, 2026, 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.
- Jul 16 2026DISTRIBUTED for Conference of 9/28/2026.
- Jul 10 2026Waiver of right of respondent Department of Defense to respond filed.
- Jun 09 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 16, 2026)