No. 23-548

Jenny Schieber, et al. v. United States

Lower Court: District of Columbia
Docketed: 2023-11-21
Status: Denied
Type: Paid
Response Waived
Tags: administrative-procedure-act agency-discretion dispute-resolution executive-agreement international-executive-agreements judicial-review statutory-interpretation substantive-statute
Key Terms:
AdministrativeLaw Immigration JusticiabilityDoctri
Latest Conference: 2024-01-12
Question Presented (from Petition)

1. Whether agency adjudication rendered pursuant to an international executive agreement is subject to judicial review under the APA where: (a) Congress has granted the agency general authority to act; (b) the authorizing statute lacks substantive criteria by which to measure agency action; (c) the executive agreement sets forth such criteria; and (d) the agency has adopted detailed procedures for adjudicating claims by individuals, incorporating such evaluative criteria.

2. Whether a government-to-government dispute resolution clause in an international executive agreement bars judicial challenges to agency action under the APA brought by individual claimants?

Question Presented (AI Summary)

Whether agency adjudication rendered pursuant to an international executive agreement is subject to judicial review under the APA

Docket Entries

2024-01-16
Petition DENIED. Justice Jackson took no part in the consideration or decision of this petition. See 28 U. S.C. §455 and Code of Conduct for Justices of the Supreme Court of the United States, Canon 3B(2)(e) (prior judicial service).
2023-12-27
DISTRIBUTED for Conference of 1/12/2024.
2023-12-21
Waiver of right of respondent United States to respond filed.
2023-11-15
Petition for a writ of certiorari filed. (Response due December 21, 2023)
2023-10-10
Application (23A306) granted by The Chief Justice extending the time to file until November 15, 2023.
2023-10-04
Application (23A306) to extend the time to file a petition for a writ of certiorari from October 16, 2023 to November 15, 2023, submitted to The Chief Justice.

Attorneys

Jenny Schieber, et al.
L. Marc ZellZell & Associates International Advocates, LLC, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent