No. 19-1355

Betzaida P. Jernigan v. Robert Wilkie, Secretary of Veterans Affairs

Lower Court: Federal Circuit
Docketed: 2020-06-10
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: accredited-service-officer administrative-law advice-by-counsel agency-discretion civil-rights due-process false-evidence false-information government-misconduct judicial-authority judicial-review material-evidence omission-of-relevant-material-evidence presumption-of-withdrawal standing standing-contrary-to-petitioner's-claims willful-submission-of-false-information
Key Terms:
AdministrativeLaw
Latest Conference: 2020-11-20 (distributed 2 times)
Question Presented (from Petition)

Willful submission of false information and omission of relevant material evidence by accredited service officer(s) and advice by counsel to claimant to accept a government presumption or face counsel's withdrawal (standing contrary to Petitioner's claims) prejudiced adversely unbeknownst to Petitioner (her) claim(s) and appeal(s).

1. Is this a serious enough violation that merits judicial attention to remand in the "interest of justice"?

2. Can justice defer judicial authority to an agency (that knowingly) relies on false and adverse material evidence contrary to Petitioner's claim(s) to determine an outcome of a claim(s) and or appeal(s)?

Question Presented (AI Summary)

Is this a serious enough violation that merits judicial attention to remand in the interest of justice?

Docket Entries

2020-11-23
Rehearing DENIED.
2020-11-04
DISTRIBUTED for Conference of 11/20/2020.
2020-10-20
2020-10-05
Petition DENIED.
2020-07-08
DISTRIBUTED for Conference of 9/29/2020.
2020-06-29
Waiver of right of respondent Wilkie, Robert to respond filed.
2020-05-11
Petition for a writ of certiorari filed. (Response due July 10, 2020)

Attorneys

Betzaida Jernigan
Betzaida P. Jernigan — Petitioner
Wilkie, Robert
Jeffrey B. WallActing Solicitor General, Respondent