De Souza v. Barr, et al
| JEFFERSON B. SESSIONS, III, Attorney General, KIRSTJEN MICHELE NIELSEN, Secretary of Homeland Security, MATTHEW G. WHITAKER, Acting Attorney General, THOMAS M. HODGSON, Sheriff of Bristol County, WILLIAM P. BARR, Acting Attorney General, TODD LYONS, Acting Field Office Director, Massachusetts District, Immigration and Customs Enforcement, STEVE SOUZA, Superintendent of Bristol County House of Corrections and TODD M. LYONS, Acting Field Office Director, Massachusetts District, Immigration and Customs Enforcement |
| FERNANDO BENTO DE SOUZA |
| 19-1028 |
| January 9, 2019 |
| U.S. Court of Appeals, First Circuit |
| Other |
Docket Report
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| Document Text |
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ORDER entered by Sandra L. Lynch, Appellate Judge; William J. Kayatta, Jr., Appellate Judge and David J. Barron, Appellate Judge: After careful review, the petitioner's motion for stay of removal is denied for failure to make the showing required by Nken v. Holder , 556 U.S. 418, 426 (2009). The temporary stay entered on January 22, 2019 is vacated. [19-1028] (GRC) [Entered: 03/07/2019 03:56 PM]
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| BRIEFING schedule set. Brief and appendix due 04/16/2019 for appellant Fernando Bento De Souza. Pursuant to F.R.A.P. 31(a), appellee's brief will be due 30 days following service of appellant's brief and appellant's reply brief will be due 21 days following service of appellee's brief. [19-1028] (GRC) [Entered: 03/07/2019 03:58 PM] |
| NOTICE of appearance on behalf of Appellees William P. Barr, Thomas M. Hodgson, Todd Lyons, Kirstjen Michele Nielsen and Steve Souza filed by Attorney Huy M. Le. Certificate of service dated 02/27/2019. [19-1028] (HL) [Entered: 02/27/2019 08:41 AM] |
| Public docket note: William P. Barr was named Attorney General of the United States on February 14, 2019. We have substituted him for Mattehew G. Whitaker, as the appellee. See Fed. R. App. P. 43(c)(2). [19-1028] (GRC) [Entered: 02/20/2019 04:03 PM] |
| DOCKETING statement filed by Appellant Fernando Bento De Souza. Certificate of service dated 02/02/2018. [19-1028] (KED) [Entered: 02/02/2019 01:07 PM] |
| NOTICE of default and intent to dismiss issued. The appellant is directed to file a docketing statement or this case will be dismissed for lack of prosecution in accordance with 1st Cir. R. 3.0(b). Docketing Statement due 02/15/2019. [19-1028] (GRC) [Entered: 02/01/2019 04:31 PM] |
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ORDER entered by Sandra L. Lynch, Appellate Judge; William J. Kayatta, Jr., Appellate Judge and David J. Barron, Appellate Judge: Petitioner has filed a motion for stay of removal. To give the court an opportunity to review that motion fully, we grant a temporary stay of removal. Removal is temporarily stayed pending further order of this court. [19-1028] (GRC) [Entered: 01/22/2019 04:39 PM]
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| NOTICE of intent to remove petitioner filed by Appellee Steve Souza. Petitioner is scheduled for removal on or after 01/24/2019. Certificate of service dated 01/15/2019. [19-1028] (TEK) [Entered: 01/15/2019 03:44 PM] |
| RESPONSE filed by Appellee Steve Souza to order to stay removal [ # 6224442-3 ]. Certificate of service dated 01/15/2019. [19-1028] CLERK'S NOTE: Docket entry was edited to modify the docket text. (TEK) [Entered: 01/15/2019 03:42 PM] |
| MOTION to withdraw notice of intent to remove [ # 6224758-2 ] filed by Appellees Thomas M. Hodgson, Todd Lyons, Kirstjen Michele Nielsen, Steve Souza and Matthew G. Whitaker. Certificate of service dated 01/10/2019. [19-1028] (TEK) [Entered: 01/10/2019 04:44 PM] |
| NOTICE of intent to remove petitioner filed by Appellees Thomas M. Hodgson, Todd Lyons, Kirstjen Michele Nielsen, Steve Souza and Matthew G. Whitaker. Petitioner is scheduled for removal on or after 01/20/2019. Certificate of service dated 01/10/2019. [19-1028] (TEK) [Entered: 01/10/2019 03:52 PM] |
| NOTICE of appearance on behalf of Appellees Thomas M. Hodgson, Todd Lyons, Kirstjen Michele Nielsen, Steve Souza and Matthew G. Whitaker filed by Attorney Thomas Kanwit. Certificate of service dated 01/10/2019. [19-1028] (TEK) [Entered: 01/10/2019 11:34 AM] |
| PETITON for Review filed, treated as encompassing a motion to stay removal filed by Appellant Fernando Bento De Souza. [19-1028]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (GRC) [Entered: 01/09/2019 02:37 PM] |
| NOTICE regarding application of Local Rule 18.0. [19-1028] (GRC) [Entered: 01/09/2019 02:30 PM] |
| Public docket note: Matthew G. Whitaker was named Acting Attorney General of the United States on November 7, 2018. We have substituted him for Jefferson Sessions, as the appellee. See Fed. R. App. P. 43(c)(2). [19-1028] (GRC) [Entered: 01/09/2019 03:02 PM] |
| NOTICE of appearance filed by Attorney Kerry E. Doyle for Appellant Fernando Bento De Souza. [19-1028] (GRC) [Entered: 01/09/2019 04:50 PM] |
| CIVIL CASE docketed. Notice of appeal (doc. #25) filed by Appellant Fernando Bento De Souza. Appearance form and Docketing Statement due 01/23/2019. [19-1028] (GRC) [Entered: 01/09/2019 02:22 PM] |
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ORDER entered: Petitioner has filed a motion to stay removal. This order is issued in accordance with First Circuit Local Rule 18.0. Removal of the petitioner is hereby stayed for ten business days from the date of this order. The government shall file its response to the motion in accordance with the Local Rule. [19-1028] (GRC) [Entered: 01/09/2019 03:13 PM]
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| Respondent / appellee: JEFFERSON B. SESSIONS, III, Attorney General | |
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| Respondent / appellee: KIRSTJEN MICHELE NIELSEN, Secretary of Homeland Security | |
| Represented By: | Rayford A. Farquhar |
| Represented By: | Mary Beth Murrane |
| Represented By: | Cynthia A. Young |
| Represented By: | Thomas E. Kanwit |
| Represented By: | Huy Le |
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| Respondent / appellee: MATTHEW G. WHITAKER, Acting Attorney General | |
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| Respondent / appellee: THOMAS M. HODGSON, Sheriff of Bristol County | |
| Represented By: | Rayford A. Farquhar |
| Represented By: | Mary Beth Murrane |
| Represented By: | Cynthia A. Young |
| Represented By: | Thomas E. Kanwit |
| Represented By: | Huy Le |
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| Respondent / appellee: WILLIAM P. BARR, Acting Attorney General | |
| Represented By: | Rayford A. Farquhar |
| Represented By: | Mary Beth Murrane |
| Represented By: | Cynthia A. Young |
| Represented By: | Thomas E. Kanwit |
| Represented By: | Huy Le |
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| Respondent / appellee: TODD LYONS, Acting Field Office Director, Massachusetts District, Immigration and Customs Enforcement | |
| Represented By: | Rayford A. Farquhar |
| Represented By: | Mary Beth Murrane |
| Represented By: | Cynthia A. Young |
| Represented By: | Thomas E. Kanwit |
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| Respondent / appellee: STEVE SOUZA, Superintendent of Bristol County House of Corrections | |
| Represented By: | Rayford A. Farquhar |
| Represented By: | Mary Beth Murrane |
| Represented By: | Cynthia A. Young |
| Represented By: | Thomas E. Kanwit |
| Represented By: | Huy Le |
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| Respondent / appellee: TODD M. LYONS, Acting Field Office Director, Massachusetts District, Immigration and Customs Enforcement | |
| Represented By: | Rayford A. Farquhar |
| Represented By: | Mary Beth Murrane |
| Represented By: | Cynthia A. Young |
| Represented By: | Thomas E. Kanwit |
| Represented By: | Huy Le |
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| Petitioner / appellant: FERNANDO BENTO DE SOUZA | |
| Represented By: | Kerry E. Doyle |
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