Supreme Court Report

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Abhijit Prasad v. United States

IFP petition · United States Court of Appeals for the Ninth Circuit, No. 23-1968 · judgment September 19, 2025


Certiorari denied · October 13, 2026

Questions presented

  1. Whether an individual may be criminally prosecuted and convicted for conduct that Congress intentionally authorized and that its duly enacted statutes and implementing regulations specifically permit.

  2. Whether 18 U.S.C. § 1546(a) requires proof of a false statement “with respect to a material fact,” and whether some courts may treat that statutory phrase as surplusage notwithstanding decisions of multiple circuits recognizing “material fact” as an essential element of the crime under § 1546(a).

  3. Whether the Fifth and Sixth Amendments are violated where a jury is specifically instructed to disregard the materiality element and permitted to convict under a legally impermissible theory of fraud, thereby altering the framework within which the trial proceeds.

  4. Whether a court may deny a defendant his Sixth Amendment right to present a complete defense where the trial record establishes eligibility for the immigration benefit underlying the prosecution.

Counsel of record

For petitioner
Abhijit Prasad

For respondent
D. John Sauer
Solicitor General

Case

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

Conference history
Distributed for 1 conference

Order
Order list, October 13, 2026 · Certiorari denied

Proceedings

  1. Oct 13 2026
    Petition DENIED.
  2. Sep 17 2026
    DISTRIBUTED for Conference of 10/9/2026.
  3. Sep 14 2026
    Waiver of right of respondent United States to respond filed.
  4. May 05 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 30, 2026)