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Ferris Kleem and Tony Kleem v. Immigration and Naturalization Service. No. A-416, 479 U.S. 1308 (1986)

Ferris and Tony Kleem applied for a 60-day extension to file a petition for writ of certiorari to the Supreme Court regarding a Sixth Circuit Court decision involving important constitutional questions. Justice Scalia denied the request because the applicants' reason of needing more time to research the issues could apply to almost any case and did not demonstrate the required "good cause" needed for an extension under the Court's rules. Extensions are disfavored and the standard of good cause was not met.

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37 views1 page

Ferris Kleem and Tony Kleem v. Immigration and Naturalization Service. No. A-416, 479 U.S. 1308 (1986)

Ferris and Tony Kleem applied for a 60-day extension to file a petition for writ of certiorari to the Supreme Court regarding a Sixth Circuit Court decision involving important constitutional questions. Justice Scalia denied the request because the applicants' reason of needing more time to research the issues could apply to almost any case and did not demonstrate the required "good cause" needed for an extension under the Court's rules. Extensions are disfavored and the standard of good cause was not met.

Uploaded by

Scribd Government Docs
Copyright
© Public Domain
We take content rights seriously. If you suspect this is your content, claim it here.
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479 U.S.

1308
107 S.Ct. 484
93 L.Ed.2d 566

Ferris KLEEM and Tony Kleem


v.
IMMIGRATION AND NATURALIZATION SERVICE.
No. A-416.
Dec. 4, 1986.

Justice SCALIA, Circuit Justice.


Counsel for applicants has asked for a 60-day extension of time in which
to file a petition for a writ of certiorari to the Court of Appeals for the
Sixth Circuit. The stated reason for the request is that the case presents
"important questions under the Constitution of the United States which
were determined adversely to the petitioner by the court below," and
counsel desires "additional time to research and prepare the Writ of
Certiorari."
Writs of certiorari in civil cases "shall be . . . applied for within ninety
days" after entry of the subject judgment, 28 U.S.C. 2101(c), which
period may be extended by a Justice of this Court (up to an additional 60
days) "for good cause shown," ibid. Under this Court's Rule 20.6, requests
for extensions of time "are not favored." In this case, counsel has given no
reason for his request other than his desire for additional time to research
constitutional issues. The same reason could be adduced in virtually all
cases. It does not meet the standard of "good cause shown" for the
granting of a disfavored extension. Pursuant to the Rules of this Court, the
application for extension is

Denied.

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