No. 21-5743

Rafael Fernandez Garcia v. United States

Lower Court: Eleventh Circuit
Docketed: 2021-09-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights constitutional-law due-process judicial-review standing statutory-interpretation
Key Terms:
HabeasCorpus
Latest Conference: 2021-11-05
Question Presented (from Petition)

1. Is it appropriate for a court to apply old policy statements, specifically reserved for agencies to follow, to new statutory constructions that eliminate agency primacy?

2. Is the decision reached in United States v. Bryant, 996 F.3d 1243 (11th Cir. 2021) accurately decided, where, if allowed to stand, it would be the outlier of the majority of circuits?

Question Presented (AI Summary)

Whether the lower court erred in its interpretation of the relevant civil-rights statutes and constitutional provisions

Docket Entries

2021-11-08
Petition DENIED.
2021-10-21
DISTRIBUTED for Conference of 11/5/2021.
2021-10-13
Waiver of right of respondent United States to respond filed.
Main Document
2021-08-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 22, 2021)
Motion for Leave to Proceed in Forma PauperisPetitionAppendixProof of Service

Attorneys

Rafael Garcia
Rafael Fernandez Garcia — Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent