Supreme Court Report

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Donald J. Trump, President of the United States, et al. v. Badar Khan Suri

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 25-1560 · judgment July 23, 2026


77%
estimated cert probability
(petition-stage, structural)
95% interval 67%–85%
Rule 10: dissent below, circuit split argued

About 18.6× the 4.1% base rate. The model weights this up for a federal-government petitioner, counsel who has won certiorari before, and a petition filed soon after the judgment below.

Question presented

The Immigration and Nationality Act strips district courts of jurisdiction over any claims by an alien “arising from” “any action taken or proceeding brought to remove an alien from the United States,” 8 U.S.C. 1252(b)(9), or “the decision or action” “to commence [such] proceedings,” 8 U.S.C. 1252(g), and instead makes a “petition for review filed with an appropriate court of appeals” the “sole and exclusive means for judicial review” of such claims, 8 U.S.C. 1252(a)(5). The question presented is whether, notwithstanding 8 U.S.C. 1252, an alien detained pending his removal proceedings may challenge that detention in a habeas petition based on claims that also go to the validity of his being removed.

Counsel of record

For petitioner
D. John Sauer
Solicitor General

For respondent
Brett Max Kaufman
American Civil Liberties Union Foundation

Case

Subject area
Civil Rights (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
—

Proceedings

  1. Oct 01 2026
    Motion of Badar Khan Suri for an extension of time submitted.
  2. Sep 21 2026
    Petition for a writ of certiorari filed. (Response due October 21, 2026)