Supreme Court of the United States · Official docket →
Baoming Chen v. Markwayne Mullin, Secretary of Homeland Security, et al.
Paid petition · United States Court of Appeals for the Second Circuit, No. 24-2058 · judgment May 22, 2025
Before the decision, roughly the 4.1% base rate. The model weighted this up for counsel who has won certiorari before and a Second Circuit decision below.
Questions presented
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Whether a claim alleging unreasonable agency delay under 5 U.S.C. § 706(1) becomes nonjusticiable when the Government takes the delayed action while the case is pending on appeal.
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Whether courts should adjudicate unreasonabledelay claims under 5 U.S.C. § 706(1) using the six-factor framework set forth in Telecommunications Research & Action Center v. FCC (TRAC), 750 F.2d 70 (D.C. Cir. 1984), or instead apply the APA’s text as written. (i)
Counsel of record
For petitioner
Andrew Timothy Tutt
Arnold & Porter Kaye Scholer
For respondent
D. John Sauer
Solicitor General
Proceedings
- Mar 30 2026Petition DENIED.
- Mar 11 2026DISTRIBUTED for Conference of 3/27/2026.
- Mar 09 2026Waiver of right of respondent Noem, Sec. of Homeland, et al., et al. to respond filed.
- Feb 09 2026Petition for a writ of certiorari filed. (Response due March 13, 2026)
- Nov 14 2025Application (25A564) granted by Justice Sotomayor extending the time to file until February 9, 2026.
- Nov 12 2025Application (25A564) to extend the time to file a petition for a writ of certiorari from December 9, 2025 to February 7, 2026, submitted to Justice Sotomayor.