No. 23-7208

Abiy Yifru v. United States

Lower Court: Federal Circuit
Docketed: 2024-04-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights constitutional-rights consular-discretion counsel due-process employment-contract immigration immigration-law property-interest takings takings-clause
Key Terms:
SocialSecurity DueProcess Takings FifthAmendment Immigration JusticiabilityDoctri
Latest Conference: 2024-06-06
Question Presented (from Petition)

A consular officer issued a visa to an alien, without executing the application under oath as required by statute. Nevertheless, the officer exacted him a discretionary fee — to get a "new seed" immigrant and Americanize him. The alien who had a valid employment contract with a foreign government resigned and immigrated. The alien was provided with neither public assistance nor unemployment compensation and became homeless indefinitely. The question presented is:

1. Whether the government intentional interference with an alien's valid employment contract that results in the alien's indefinite homelessness is a taking. In other words, whether an alien's valid employment contract with a foreign government is a protected property interest.

Homeless individuals have the right to be represented by their own choice of counsel at the government expense for a denial of public benefit. The question presented is:

2. Whether a homeless individual is entitled to an assignment of counsel and injunctive reliefs to institute a taking claim for his appropriated employment contract.

Question Presented (AI Summary)

Whether the government's intentional interference with an alien's valid employment contract that results in the alien's indefinite homelessness is a taking

Docket Entries

2024-06-10
Petition DENIED.
2024-05-22
DISTRIBUTED for Conference of 6/6/2024.
2024-05-07
Waiver of right of respondent United States to respond filed.
2024-04-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 13, 2024)

Attorneys

Abiy Yifru
Abiy Yifru — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent