Supreme Court of the United States · Official docket →
A. A., et al. v. Joshua Mast, et al.
Paid petition · Supreme Court of Virginia, No. 240707 · judgment February 12, 2026
Before the decision, about 1.9× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and a petition citing one or two dissents.
Question presented
In September 2019, an infant was orphaned during a U.S. military operation in Afghanistan. The Government of Afghanistan, the United States, and the International Committee of the Red Cross identified the child’s Afghan next of kin, and she was placed in petitioners’ care. Eighteen months later, after petitioners fled the Taliban and brought the child to the United States, she was taken from them by respondents. Petitioners have not seen her since. Unbeknownst to petitioners, respondents had months earlier convinced a Virginia state court to grant them an ex parte adoption order, unauthorized under Virginia law, by committing what the United States later called “a fraud on the court.” App.166a. Petitioners were given no notice or opportunity to be heard in those adoption proceedings, even though they had physical custody of the child and were lawfully raising her in Afghanistan at the time. Virginia trial and appellate courts unanimously held that the adoption order was null, void, and unenforceable. Yet, in a sharply divided 4-3 decision, the Virginia Supreme Court reversed. According to the majority, petitioners were not entitled to the most basic procedural protections under the Due Process Clause because they were not the child’s parents. The question presented is: Whether, or under what circumstances, a child’s nonparent caretakers have a cognizable liberty interest under the Due Process Clause entitling them to procedural due process before a court enters an adoption order permanently removing the child from their care.
Counsel of record
For petitioner
Roman Martinez V
Latham & Watkins, LLP
For respondent
John Savage Moran
McGuireWoods LLP
Case
Subject area
Due Process (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 2 conferences
Amicus briefs
7 cert-stage
Linked docket
26A77
Order
Order list, October 19, 2026 · Certiorari denied
Proceedings
- Oct 19 2026Petition DENIED.
- Sep 30 2026DISTRIBUTED for Conference of 10/16/2026.
- Sep 30 2026Reply of petitioners A. A., et al. filed. (Distributed)
- Sep 16 2026Brief amicus curiae of The Young Center for Immigrant Children's Rights filed.
- Sep 16 2026Brief amici curiae of John R. Bass, Former U.S. Ambassador to Afghanistan, et al. filed.
- Sep 16 2026Brief amicus curiae of Karamah Institute filed.
- Sep 16 2026Brief amici curiae of InterCountry Adoptee Voices, et al. filed.
- Sep 16 2026Brief of respondents Joshua Mast, et al. in opposition filed.
- Sep 16 2026Brief amici curiae of Afghan Law Scholars filed.
- Sep 16 2026Brief amici curiae of Adoption Law Scholars filed.
- Sep 16 2026Brief amici curiae of The Chamberlain Network, et al. filed.
- Aug 17 2026Response Requested. (Due September 16, 2026)
- Aug 12 2026DISTRIBUTED for Conference of 9/28/2026.
- Aug 10 2026Waiver of right of respondent Joshua Mast, et al. to respond filed.
- Aug 03 2026Petition for a writ of certiorari filed. (Response due September 4, 2026)
- Jul 16 2026Application (26A77) granted by The Chief Justice extending the time to file until September 18, 2026.
- Jul 13 2026Application (26A77) to extend the time to file a petition for a writ of certiorari from July 21, 2026 to September 18, 2026, submitted to The Chief Justice.