No. 25-957

Baoming Chen v. Kristi Noem, Secretary of Homeland Security, et al.

Lower Court: Second Circuit
Docketed: 2026-02-11
Status: Pending
Type: Paid
Experienced Counsel
Tags: None
Key Terms:
AdministrativeLaw Environmental Immigration JusticiabilityDoctri
Latest Conference: N/A
Question Presented (from Petition)

1. Whether a claim alleging unreasonable agency delay under 5 U.S.C. § 706(1) becomes nonjusticiable when the Government takes the delayed action while the case is pending on appeal.

2. Whether courts should adjudicate unreasonable delay claims under 5 U.S.C. § 706(1) using the six-factor framework set forth in Telecommunications Research & Action Center v. FCC (TRAC), 750 F.2d 70 (D.C. Cir. 1984), or instead apply the APA's text as written.

Question Presented (AI Summary)

Question not identified.

Docket Entries

2026-02-09
Petition for a writ of certiorari filed. (Response due March 13, 2026)
2025-11-14
Application (25A564) granted by Justice Sotomayor extending the time to file until February 9, 2026.
2025-11-12
Application (25A564) to extend the time to file a petition for a writ of certiorari from December 9, 2025 to February 7, 2026, submitted to Justice Sotomayor.

Attorneys

Baoming Chen
Andrew Timothy TuttArnold & Porter Kaye Scholer, Petitioner
Noem, Sec. of Homeland, et al., et al.
D. John SauerSolicitor General, Respondent