No. 23-364

Nima Nazerzadeh v. United States

Lower Court: Fifth Circuit
Docketed: 2023-10-05
Status: Denied
Type: Paid
Response Waived
Tags: due-process fifth-circuit plain-reading rule-of-last-antecedent sex-offender-registration statutory-construction statutory-interpretation surplusage-canon tier-classification
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2023-11-09
Question Presented (AI Summary)

Whether the United States Court of Appeals for the Fifth Circuit's reversal of the district court's order terminating petitioner's sex offender registration and instead finding petitioner to be a tier II sex offender was erroneous

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW 1. Whether the United States Court of Appeals for the Fifth Circuit’s reversal of the district court’s order terminating petitioner’s sex offender registration and instead finding petitioner to be a tier II sex offender was erroneous as a result of its reading 34 U.S.C. § 20911 in the disjunctive, which conflicts with the rules and canons of statutory construction relied upon in several decisions of this Court, including that a plain reading of § 20911(3)(A)(Gv) does not include an “or” at the end of that subsection. ii STATEMENT OF RELATED CASES The proceedings identified below are directly related to the above-captioned case in this Court. e United States v. Nima Nazerzadeh, No. 4:06CR-30-1, U.S. District Court for the Southern District of Texas, Houston Division. Order entered April 15, 2022. e United States v. Nima Nazerzadeh, No. 2220238, U.S. Court of Appeals for the Fifth Circuit, Judgment entered July 11, 2023.

Docket Entries

2023-11-13
Petition DENIED.
2023-10-24
DISTRIBUTED for Conference of 11/9/2023.
2023-10-18
Waiver of right of respondent United States to respond filed.
2023-10-03

Attorneys

Nima Nazerzadeh
Shaun KhojayanLaw Offices of Shaun Khojayan & Associates, PLC, Petitioner
Shaun KhojayanLaw Offices of Shaun Khojayan & Associates, PLC, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent