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Andrew Valles v. Todd Blanche, Attorney General, et al.

IFP petition · United States Court of Appeals for the Second Circuit, No. 26-610


Pending

Questions presented

  1. Whether the Government may prosecute and continue to enforce a federal registration status against a pre-Act offender without identifying a legally operative duty on the relevant dates under the complete statutory framework, including 34 U.S.C. §§ 20913(d) and 20915(a)-(b), and 18 U.S.C. § 2250(a).

  2. Whether due process permits courts and enforcement officials to use a later § 2250(a) conviction as proof of the antecedent registration duty upon which that conviction depended, where official jurisdiction-specific determinations materially call that duty into question.

  3. Whether the First Amendment permits the Government, under threat of felony prosecution, to compel a person to appear, report, update, verify, and thereby assist in maintaining a public­ facing registry message that assigns a stigmatising legal status, where the legal predicate for that status remains disputed.

  4. Whether Article I, § 1 permits Congress to vest in the Attorney General authority to determine SORNA’s applicability to pre-Act offenders under 34 U.S.C. § 20913(d), where that executive determination governs entry into a criminally enforced, public-facing registration regime and Gundy v. United States produced no majority rationale.

Counsel of record

For petitioner
Andrew Valles

For respondent
D. John Sauer
Solicitor General

Case

Conference history

Proceedings

  1. Sep 01 2026
    Waiver of right of respondent Attorney General of the State of New York to respond filed.
  2. Aug 20 2026
    Waiver of right of respondent Todd Blanche, Acting Attorney General to respond filed.
  3. Aug 19 2026
    Waiver of right of respondent Attorney General of California to respond filed.
  4. Aug 05 2026
    Supplemental brief of petitioner Andrew Valles filed.
  5. Apr 01 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 4, 2026)