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Nou Xiong, as Next Friend of V. L., et al. v. Alan P. Borja, Warden, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 25-3656 · judgment February 17, 2026


1%
estimated cert probability
(petition-stage, structural)
At the Nov 6 conference: granted 0.08% · GVR 0.06% · relisted 5.3% · denied 95%
Granted ever, conference-stage estimate: 0.77%

Well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Does the District of Guam have subject matter jurisdiction to review Suspension Clause claims pursuant to Boumediene v. Bush when a petitioner requests common law release?

  2. After a petition for habeas corpus is filed in a certain District Court and the Government physically moved the petition’s intended beneficiary into the immediate custodianship of a party not in the habeas corpus jurisdiction of the first District Court, did the Government have an independent duty to move the original District Court to transfer venue to the appropriate District Court the Government moved the writ’s intended beneficiary into?

Counsel of record

For petitioner
Joshua Jonathan Schroeder
SchroederLaw

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 07 2026
    DISTRIBUTED for Conference of 11/6/2026.
  2. Sep 28 2026
    Waiver of right of respondent United States to respond filed.
  3. Jun 29 2026
    Petition for a writ of certiorari filed. (Response due October 2, 2026)