No. 22-7550

Daniel Novilla v. Department of Agriculture

Lower Court: Federal Circuit
Docketed: 2023-05-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: administrative-law administrative-procedure civil-procedure constitutional-law constitutional-review court-jurisdiction due-process judicial-discretion jurisdiction petition-timeliness procedural-due-process standing
Key Terms:
Immigration
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Why did the court accept my petition knowing it was late, they sent me a packet stating it was compliant with the rules of the court, it was processed, but they dismiss it?

Question Presented (OCR Extract)

Questions presented| sent my petition to US Court of appeals on 10/22/2022. They accepted my petition on 11/12/2022. The court sent me a packet and stated my petition was compliant with the rules of the court, even though it was late due to fact my lawyer said he filed but he never did. The court sent an order to show cause on 12/19/2022 why petition should not be dismissed, and if not dismissed it can be transferred to the appropriate district court. | sent my answer to show order on 12/27/2022 and so did the respondent. 4 months later the court dismisses it for it being untimely. Why? It is contradictory the court accepts my petition on 11/2022, says it is compliant and | paid the docket fee, but dismiss my petition. Why did the court accept my petition knowing it was late, they sent me a packet stating it was compliant with the rules of the court, it was processed, but they dismiss it? | sent my answer to the order to show cause because | thought the court accepted my petition why it was late. . This is why | abandoned my discrimination claim, because | believed the Court would rule on my answer to the show order for cause. | don't think the court even reviewed my answer where it shows the MPSB judge was biased and upheld my removal using only 2 witness statements and not provide me with the Report of Investigation, a due process violation, in violation of the 5" amendment to the Constitution. What was the purpose of the order to show cause if the court was going to dismiss it anyway? Why didn't the court just reject my petition when they received it on 10/28/2022?

Docket Entries

2023-10-02
Petition DENIED.
2023-06-15
DISTRIBUTED for Conference of 9/26/2023.
2023-06-07
Waiver of right of respondent Dept. of Agriculture to respond filed.
2023-05-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 14, 2023)

Attorneys

Daniel Novilla
Daniel Novilla — Petitioner
Daniel Novilla — Petitioner
Dept. of Agriculture
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent