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Washington Alliance of Technology Workers v. Department of Homeland Security

Certiorari Denied

Petition for certiorari denied on October 2, 2023.

Docket No.22-1071
Op. BelowD.C. Cir.

Issue

(1) Whether the statutory terms defining nonimmigrant visas in 8 U.S.C. § 1101(a)(15) are mere threshold entry requirements that cease to apply once a noncitizen is admitted, or whether they persist and dictate the terms of a noncitizen"s stay in the United States; and (2) whether, when Congress has enacted a statutory scheme governing a class of noncitizens in the Immigration and Nationality Act, the Department of Homeland Security"s power to extend employment authorization to that class of noncitizens through regulation is limited to implementing the terms of that statutory scheme.

Proceedings & orders timeline

May 1, 2023
Petition for a writ of certiorari filed. (Response due June 5, 2023)
May 11, 2023
Brief amicus curiae of Atlantic Legal Foundation filed.
May 26, 2023
Motion to extend the time to file a response from June 5, 2023 to July 5, 2023, submitted to The Clerk.
May 30, 2023
Motion to extend the time to file a response is granted and the time is extended to and including July 5, 2023.
May 30, 2023
Motion of respondents National Association of Manufacturers, et al. to extend the time to file a response from June 5, 2023 to July 5, 2023, submitted to The Clerk.
May 31, 2023
Motion to extend the time to file a response is granted and the time is extended to and including July 5, 2023, for all respondents.
Jun 1, 2023
Brief amicus curiae of Center for Immigration Studies filed.
Jun 2, 2023
Brief amici curiae of 31 Members of the United States House of Representatives filed.
Jun 2, 2023
Brief amici curiae of Kansas and 10 Other States filed.
Jun 5, 2023
Brief amici curiae of U.S. Senators Ted Cruz, et al. filed.
Jun 5, 2023
Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed.
Jun 5, 2023
Brief amicus curiae of Landmark Legal Foundation filed.
Jun 26, 2023
Motion of respondents National Association of Manufacturers, et al. to extend the time to file a response from July 5, 2023 to August 4, 2023, submitted to The Clerk.
Jun 28, 2023
Motion to extend the time to file a response is granted and the time is further extended to and including August 4, 2023, for all respondents.
Aug 4, 2023
Brief of respondents Department of Homeland Security, et al. in opposition filed.
Aug 4, 2023
Brief of respondents National Association of Manufacturers, et al. in opposition filed.
Aug 23, 2023
DISTRIBUTED for Conference of 9/26/2023.
Sep 5, 2023
Reply of petitioner Washington Alliance of Technology Workers filed. (Distributed)
Oct 2, 2023
Petition DENIED.

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