No. 23-746

Dmitry Nikolenko v. Luiza Nikolenko

Lower Court: Texas
Docketed: 2024-01-10
Status: Denied
Type: Paid
Relisted (2) Experienced Counsel
Tags: civil-procedure due-process equal-protection fourteenth-amendment immigration international-comity personal-jurisdiction subject-matter-jurisdiction
Key Terms:
DueProcess Immigration JusticiabilityDoctri
Latest Conference: 2024-05-09 (distributed 2 times)
Question Presented (AI Summary)

Whether the Texas court violated the Fourteenth Amendment Due Process Clause and international comity

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1) Whether the Texas court violated the Fourteenth Amendment Due Process Clause and international comity when it exercised subject matter jurisdiction over a foreign marriage of two aliens, that a foreign court of competent jurisdiction had already dissolved. 2) Whether the Texas court violated the Fourteenth Amendment Due Process Clause when it exercised personal jurisdiction over defendant Dmitry Nikolenko, a foreign national who had insufficient contacts with Texas, had not been properly served, was not subject to the State’s jurisdiction, and tried unsuccessfully to lawfully enter the United States to attend court proceedings. 3) Whether the Texas court violated the Fourteenth Amendment Due Process Clause when it refused to continue trial to allow defendant Dmitry Nikolenko time to obtain a United States visa and travel to attend court in person and denied Dmitry Nikolenko the promised alternative of attending trial remotely via video teleconferencing. 4) Whether the Texas court violated the Equal Protection Clause of the Fourteenth Amendment by rewarding Luiza Nikolenko, an alien not lawfully present in the United States, with access to court process and a favorable judgment while denying Dmitry Nikolenko, an alien who complied with United States immigration law and procedures, meaningful opportunity to appear and defend the court proceeding. li PARTIES AND

Docket Entries

2024-05-13
Rehearing DENIED.
2024-04-17
DISTRIBUTED for Conference of 5/9/2024.
2024-04-12
2024-03-18
Petition DENIED.
2024-02-28
DISTRIBUTED for Conference of 3/15/2024.
2024-02-08
Letter from counsel for petitioner filed.
2024-01-08
2023-11-17
Application (23A448) granted by Justice Alito extending the time to file until January 7, 2024.
2023-11-14
Application (23A448) to extend the time to file a petition for a writ of certiorari from December 7, 2023 to January 22, 2024, submitted to Justice Alito.

Attorneys

Dmitry Nikolenko
Theodore Mark CoopersteinClouthier Cooperstein PLLC, Petitioner
Theodore Mark CoopersteinClouthier Cooperstein PLLC, Petitioner