No. 23-22

Save Jobs USA v. Department of Homeland Security, et al.

Lower Court: District of Columbia
Docketed: 2023-07-06
Status: Denied
Type: Paid
Experienced Counsel
Tags: administrative-law agency-authority department-of-homeland-security employment-authorization executive-power immigration-law major-questions-doctrine nonimmigrant-visas statutory-interpretation
Key Terms:
AdministrativeLaw Securities Immigration JusticiabilityDoctri
Latest Conference: 2023-10-27
Question Presented (AI Summary)

Are the statutory terms defining nonimmigrant visas in 8 U.S.C. § 1101(a)(15) mere threshold entry requirements that cease to apply once an alien is admitted or do they persist and dictate the terms of a nonimmigrant's stay in the United States?

Question Presented (OCR Extract)

QUESTION PRESENTED 1. Are the statutory terms defining nonimmigrant visas in 8 U.S.C. § 1101(a)(15) mere threshold entry requirements that cease to apply once an alien is admitted or do they persist and dictate the terms of a nonimmigrant’s stay in the United States? 2. When Congress has enacted a statutory scheme governing a class of aliens in the Immigration and Nationality Act, is the Department of Homeland Security’s power to extend employment authorization to that class of aliens through regulation limited to implementing the terms of that statutory scheme?

Docket Entries

2023-10-30
Petition DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition.
2023-10-04
DISTRIBUTED for Conference of 10/27/2023.
2023-09-20
Brief of Federal Respondents in opposition filed.
2023-09-20
Letter from counsel for respondents Immigration Voice, et al. submitted under Rule 12.6 filed.
2023-09-06
Motion to extend the time to file a response is granted and the time is further extended to and including September 20, 2023.
2023-09-05
Motion to extend the time to file a response from September 6, 2023 to September 20, 2023, submitted to The Clerk.
2023-08-01
Motion to extend the time to file a response from August 7, 2023 to September 6, 2023, submitted to The Clerk.
2023-08-01
Motion to extend the time to file a response is granted and the time is extended to and including September 6, 2023, for all respondents.
2023-07-03
Petition for a writ of certiorari before judgment filed. (Response due August 7, 2023)

Attorneys

Federal Respondents
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
Immigration Voice and Anujkumar Dhamija
Carl E. GoldfarbBoies Schiller & Flexner LLP, Respondent
Carl E. GoldfarbBoies Schiller & Flexner LLP, Respondent
Save Jobs USA
John Michael MianoImmigration Reform Law Institute, Petitioner
John Michael MianoImmigration Reform Law Institute, Petitioner