Also known as: suppliants · petitioner
Written by attorneys — see sources below.
A party who files a petition seeking judicial relief or enforcement of rights.
Steven Silva petitions the court to modify an existing custody decree. He shows that his child has lived with him for two years with the other parent's consent. The court grants the modification because the integration element is satisfied.
Sasha Stone files a support petition in her home state tribunal. She requests that the pleading be forwarded to the responding tribunal in another state that has jurisdiction over the obligor. The initiating tribunal accepts the filing and transmits the documents.
Simone Sanders files a parentage adjudication petition. She serves notice on the woman who gave birth, the presumed father, and the individual whose parentage will be determined. The court proceeds only after all required parties receive notice.
Stella Shapiro obtains a registered custody order from another state. She petitions for immediate physical custody. The court grants her request after the respondent fails to establish any statutory defense to enforcement.
Samuel Soto receives a support petition forwarded from an initiating tribunal. The responding tribunal files the pleading and notifies him of the hearing date and location. The proceeding moves forward under the act's procedures.
Sarah Sullivan, an alien facing deportation, petitions for review after Congress overrides an executive suspension of her removal. The court examines whether the legislative veto mechanism violates separation of powers.
In 1966 Jagdish Rai Chadha, an East Indian born in Kenya who held a British passport, was lawfully admitted to the United States on a nonimmigrant student visa that expired on June 30, 1972. In October 1973, the District Director of the Immigration and Naturalization Service informed Chadha that he had remained longer than permitted and was therefore deportable. Chadha conceded deportability but applied for suspension under section 244(a)(1) of the Immigration and Nationality Act of 1952. On June 25, 1974, an Immigration Judge acting on behalf of the Attorney General suspended Chadha's deportation and adjusted his status to permanent resident after finding that he satisfied the statutory criteria of seven years' continuous presence, good moral character, and extreme hardship. A report of the suspension was transmitted to Congress as required by the Act. On December 16, 1975, the House of Representatives passed a resolution disapproving the suspension for Chadha and five other aliens on the ground that they did not meet the statutory requirements, particularly as to hardship. Pursuant to the House resolution, the Immigration Judge reopened the deportation proceedings. Chadha moved to terminate them on constitutional grounds, but the Immigration Judge ruled that he lacked authority to declare the resolution unconstitutional and ordered Chadha deported. Chadha appealed to the Board of Immigration Appeals, which likewise held that it had no authority to pass on the constitutionality of the resolution and dismissed the appeal. Chadha then filed a petition for review in the United States Court of Appeals for the Ninth Circuit. The Immigration and Naturalization Service appeared and urged the court to hold the House resolution unconstitutional. After inviting briefs from the Senate and House as amici curiae, the Court of Appeals held the resolution unconstitutional because it was a legislative act that failed to satisfy the requirements of Article I, sections 1 and 7, and set aside the deportation order. The Supreme Court granted certiorari in the consolidated cases to address the constitutional question.
View caseA suppliant is the party who initiates a petition for custody modification, support enforcement, or parentage adjudication. The uniform acts identify this party as the one who files the pleading and must satisfy notice or jurisdictional prerequisites.
…He brought this civil libel action against the four individual petitioners, who are Negroes and Alabama clergymen, and against petitioner the New York Times Company, a New York corporation which publishes the New York Times, a daily newspaper. A jury in the Circuit Court of Montgomery County awarded him damages of $500,000,…