No. 22-1158

Lassana Magassa v. Alejandro N. Mayorkas, Secretary of Homeland Security, et al.

Lower Court: Ninth Circuit
Docketed: 2023-05-30
Status: Denied
Type: Paid
Tags: administrative-procedure-act agency-rulemaking constitutional-challenge final-order jurisdiction jurisdiction-stripping mcnary-v-haitian-refugee-ctr statutory-interpretation sts-redress-process
Key Terms:
AdministrativeLaw Arbitration SocialSecurity ERISA DueProcess FifthAmendment Securities Immigration EmploymentDiscrimina JusticiabilityDoctri
Latest Conference: 2023-10-06
Question Presented (AI Summary)

Does agency rulemaking constitute a final order under 49 U.S.C. § 46110?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Question No. 1 presented: Does agency rulemaking itself, like the STA Redress Process, constitute a final order under 49 U.S.C. § 46110, therefore stripping the district court of jurisdiction over constitutional and Administrative Procedure Act challenges, in contrast to this Court’s binding precedent in McNary v. Haitian Refugee Ctr., Inc., 498 U.S. 479 (1991)? Question No. 2 presented: Does a plaintiff adequately plead harm to a liberty interest in reputation, sufficient to establish injury-infact and therefore standing, when the plaintiff articulates government action that causes ongoing personal harm and stigma, even when part of the reputational harm derives from revocation of an employee access badge? Question No. 3 presented: Does 42 U.S.C. § 1981 apply to actions against federal agents sued in their individual capacities, even after Congress amended the statute in 1991 to broaden its applicability?

Docket Entries

2023-10-10
Petition DENIED.
2023-09-13
DISTRIBUTED for Conference of 10/6/2023.
2023-09-11
2023-08-30
Brief of respondents Alejandro N. Mayorkas, Secretary of Homeland Security, et al. in opposition filed.
2023-07-12
Motion to extend the time to file a response is granted and the time is further extended to and including August 30, 2023.
2023-07-11
Motion to extend the time to file a response from July 31, 2023 to August 30, 2023, submitted to The Clerk.
2023-06-12
Motion to extend the time to file a response is granted and the time is extended to and including July 31, 2023.
2023-06-09
Motion to extend the time to file a response from June 29, 2023 to July 31, 2023, submitted to The Clerk.
2023-05-25
Petition for a writ of certiorari filed. (Response due June 29, 2023)

Attorneys

Alejandro N. Mayorkas, Secretary of Homeland Security, et al.
Elizabeth B. PrelogarSolicitor General, Respondent
Lassana Magassa
Christina A. JumpConstitutional Law Center for Muslims in America, Petitioner