No. 24-6203

Jesus Perez-Garcia and John Thomas Fencl v. United States

Lower Court: Ninth Circuit
Docketed: 2024-12-26
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: article-three-jurisdiction certiorari judicial-review mootness remand second-amendment
Key Terms:
SecondAmendment JusticiabilityDoctri
Latest Conference: 2025-05-15 (distributed 2 times)
Question Presented (AI Summary)

Whether courts have Article III jurisdiction to issue a reasoned judicial opinion after a case becomes moot

Question Presented (OCR Extract)

Petitioners raised as-applied Second Amendment challenges to firearms-related conditions of pretrial release. After their cases mooted, but before this Court issued a decision in United States v. Rahimi, 602 U.S. 680 (2024), the Ninth Circuit published an opinion rejecting that challenge. Since Rahimi, this Court has granted at least 19 certiorari petitions raising diverse Second Amendment issues, vacated the opinions below, and remanded. The questions presented are: (1) Whether this Court should grant this petition, vacate the Second Amendment opinion below, and remand with instructions to dismiss the case as moot. (2) Whether courts have Article III jurisdiction to issue a reasoned judicial opinion after a case becomes moot, so long as they announce the case’s disposition before the case moots. prefix PARTIES,

Docket Entries

2025-05-19
Petition DENIED.
2025-04-30
DISTRIBUTED for Conference of 5/15/2025.
2025-04-28
Reply of petitioner Jesus Perez-Garcia and John Thomas Fencl, filed. (Distributed)
2025-04-28
Reply of petitioner Jesus Perez Garcia, and John Thomas Fencl, filed. (Distributed)
2025-04-28
Reply of Jesus Perez Garcia, et al. submitted.
2025-04-16
Brief of respondent United States in opposition filed.
2025-03-10
Motion to extend the time to file a response is granted and the time is further extended to and including April 16, 2025.
2025-03-07
Motion to extend the time to file a response from March 17, 2025 to April 16, 2025, submitted to The Clerk.
2025-03-07
Motion of United States for an extension of time submitted.
2025-02-06
Motion to extend the time to file a response is granted and the time is extended to and including March 17, 2025.
2025-02-05
Motion to extend the time to file a response from February 13, 2025 to March 17, 2025, submitted to The Clerk.
2025-02-05
Motion of United States for an extension of time submitted.
2025-01-14
Response Requested. (Due February 13, 2025)
2025-01-09
DISTRIBUTED for Conference of 1/24/2025.
2025-01-07
Waiver of right of respondent United States to respond filed.
2025-01-07
Waiver of United States of right to respond submitted.
2024-12-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 27, 2025)
2024-11-27
Application (24A514) granted by Justice Kagan extending the time to file until January 2, 2025.
2024-11-21
Application (24A514) to extend the time to file a petition for a writ of certiorari from December 3, 2024 to January 2, 2025, submitted to Justice Kagan.

Attorneys

Jesus Perez Garcia, et al.
Katie HurrelbrinkFederal Defenders of San Diego, Petitioner
Katie HurrelbrinkFederal Defenders of San Diego, Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent