No. 25-6723

Victor Dema v. Jennifer Toth, Director, Arizona Department of Transportation

Lower Court: Ninth Circuit
Docketed: 2026-02-04
Status: Pending
Type: IFP
IFP
Tags: federal-courts forum-defendant-rule immigration-jurisdiction ninth-circuit removal-procedure statutory-interpretation
Key Terms:
Jurisdiction
Latest Conference: N/A
Question Presented (from Petition)

A. Whether All The Ninth Court Of Appeals ' Decisions Rendered Against
This Particular Petitioner In This Very Case, Conflict With All The Other
Federal Circuit Courts ' Decisions Rendered On Similarly Related Issues
Of A Citizen Of A Foreign Country Lawfully Admitted To The United
States And Domiciled In The Same State As The Respondent?

B. Given The U.S. Long-Standing, Present Day And Current Government 's Nationwide
Immigration Sentiments, Whether The 'Forum Defendant Rule ' Under 28 U.S.C.A. §
1441(b)(2), Stopped State Court Cases From Being Removed To Federal Court If A
Defendant Is A Citizen Of A State (such as this Arizona) Where The Suit Was filed?

C. Whether Ninth Circuit Court Of Appeals Abused Its Discretion By Circumvention
Of Interpretation Of The Legislative Act Of Federal Courts Jurisdiction And Venue
Clarification Act Of 2011, §101 - Regarding Treatment Of Immigrant Aliens?

D. Whether The Respondent Arizona Government 's Removal Of Its Own Citizen 's State
Court Case From Its Own Court Was Not Only A Suspicious Move Against Its Own
Government, But Whether It Has Assurance Of Success In Federal Court

E. Whether Respondent John S. Halikowski 's Removal Of The Originated Case From
State Court To Federal Court Was Timely Under Title 28 U.S.C.A. § 1446(b)?

Question Presented (AI Summary)

Whether the Ninth Circuit Court of Appeals' decisions conflict with other Federal Circuit Courts' interpretations regarding immigration jurisdiction and removal of state court cases to federal court

Docket Entries

2026-01-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 6, 2026)

Attorneys

John S. Halikowski
Daniel Patrick SchaackArizona Atty. General, Respondent
Victor Dema
Victor O. Dema — Petitioner