Supreme Court Report

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Daren K. Margolin, Director of the Executive Office for Immigration Review v. National Association of Immigration Judges

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 23-2235 · judgment June 3, 2025


GVR'd · May 26, 2026
Pre-decision estimate: 18% cert probability (95% interval 12%–26%)

Before the decision, about 4.3× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a Fourth Circuit decision below.

Questions presented

In the decision below, the court of appeals held— without notice to or briefing by the parties—that the Civil Service Reform Act of 1978 (CSRA), Pub. L. No. 95-454, 92 Stat. 1111, does not preclude suit in district court when “a factual record” shows that the CSRA is not “function[ing] as intended.” App., infra, 15a. The questions presented are:

  1. Whether the decision below should be summarily reversed for violating the party-presentation principle.

  2. Whether the decision below should be summarily reversed for failing to adhere to this Court’s precedents holding that the CSRA generally precludes challenges to federal personnel actions in district court. (I)

Counsel of record

For petitioner
D. John Sauer
Solicitor General

For respondent
Ramya Krishnan
Knight First Amendment Inst at Columbia University

Case

Conference history
Distributed for 4 conferences

Amicus briefs
1 cert-stage

Proceedings

  1. Jun 29 2026
    Judgment Issued.
  2. May 26 2026
    Petition GRANTED. Judgment REVERSED and case REMANDED for further proceedings consistent with the opinion of the Court. Opinion per curiam. (Detached Opinion) Justice Thomas, with whom Justice Barrett joins, concurring. (Detached Opinion)
  3. May 18 2026
    DISTRIBUTED for Conference of 5/21/2026.
  4. May 11 2026
    DISTRIBUTED for Conference of 5/14/2026.
  5. Apr 27 2026
    DISTRIBUTED for Conference of 5/1/2026.
  6. Apr 08 2026
    DISTRIBUTED for Conference of 4/24/2026.
  7. Mar 11 2026
    Reply of petitioner Daren K. Margolin filed.
  8. Mar 10 2026
    Waiver of Daren K. Margolin of the 14-day waiting period not accepted for filing. (March 10, 2026 - Filer's request)
  9. Mar 02 2026
    Brief of respondent National Association of Immigration Judges in opposition filed.
  10. Jan 30 2026
    Brief amici curiae of U.S. Senator Ted Budd, et al. filed.
  11. Jan 07 2026
    Motion to extend the time to file a response is granted and the time is extended to and including March 2, 2026. See Rule 30.1.
  12. Jan 06 2026
    Motion to extend the time to file a response from January 30, 2026 to March 1, 2026, submitted to The Clerk.
  13. Dec 23 2025
    Petition for a writ of certiorari filed. (Response due January 30, 2026)