Silva v. Mayorkas, et al
| CARLOS MONTEIRO SILVA |
| ALEJANDRO MAYORKAS, Secretary of Homeland Security, PATRICK LECHLEITNER, Deputy Director and Senior Official Performing the Duties of the Director for U.S. Immigration and Customs Enforcement, TODD M. LYONS, Boston Field Officer Director Immigration and Customs Enforcement, ANTONE MONIZ, Superintendent, Plymouth County House of Corrections and JOSEPH D. MCDONALD, JR., Sheriff of Plymouth County |
| 23-1901 |
| October 30, 2023 |
| U.S. Court of Appeals, First Circuit |
| Habeas Corpus - Alien Detainee |
Docket Report
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ORDER entered by David J. Barron, Chief Appellate Judge; Gustavo A. Gelpi, Jr., Appellate Judge and Lara E. Montecalvo, Appellate Judge: Petitioner-Appellant Carlos Silva's "Motion to Extend Stay of Removal" is DENIED . The government asserts in its response that petitioner-appellant's request should be construed not as a stay request, but as a request for injunctive relief subject to the heightened standard set out at 8 U.S.C. 1252(f)(2). [23-1901] (AL) [Entered: 11/27/2023 03:27 PM]
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| REPLY filed by Appellant Carlos Monteiro Silva to [ # 6604179-2 ]. Served on 11/24/2023. [23-1901] (DBD) [Entered: 11/24/2023 03:30 PM] |
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ORDER granting motion to extend time to file reply filed by Appellant Carlos Monteiro Silva. Reply to appellees Patrick Lechleitner, Todd M. Lyons, Alejandro Mayorkas, Joseph D. McDonald, Jr. and Antone Moniz's opposition to the motion to extend stay of removal due 11/24/2023 for Carlos Monteiro Silva. [23-1901] (ALW) [Entered: 11/22/2023 03:29 PM]
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| MOTION to extend time to file a reply filed by Appellant Carlos Monteiro Silva. Served on 11/22/2023. [23-1901]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (DBD) [Entered: 11/22/2023 10:54 AM] |
| CORRECTED ORDER* entered by David J. Barron, Chief Appellate Judge; Gustavo A. Gelp , Jr., Appellate Judge and Lara E. Montecalvo, Appellate Judge: Petitioner-Appellant Carlos Silva has filed a "Motion to Extend Stay of Removal." The government has filed a response. On or before November 21, 2023, petitioner-appellant shall file a reply memorandum that addresses each of the factors set out in Nken v. Holder , 556 U.S. 418, 434 (2009), and that addresses each of the arguments set out by the government in its response. The renewed request then will be resolved as soon as practicable. *Corrected Order entered to amened the text of the order. [23-1901] (GRC) [Entered: 11/17/2023 12:57 PM] |
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ORDER entered by David J. Barron, Chief Appellate Judge; Gustavo A. Gelp , Jr., Appellate Judge and Lara E. Montecalvo, Appellate Judge: Petitioner-Appellant Carlos Silva has filed a "Motion to Extend Stay of Removal," which we construe as a renewed motion for stay of removal. The government has filed a response. On or before November 21, 2023, petitioner-appellant shall file a reply memorandum that addresses each of the factors set out in Nken v. Holder , 556 U.S. 418, 434 (2009), and that addresses each of the arguments set out by the government in its response. The renewed request then will be resolved as soon as practicable. [23-1901] (GRC) [Entered: 11/17/2023 10:34 AM]
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| OPPOSITION to Petitioners motion to enjoin removal [ # 6603450-2 ] filed by Appellees Patrick Lechleitner, Todd M. Lyons, Alejandro Mayorkas, Joseph D. McDonald, Jr. and Antone Moniz. Served on 11/15/2023. [23-1901]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (ML) [Entered: 11/15/2023 06:02 PM] |
| NOTICE of intent to remove petitioner filed by Appellees Patrick Lechleitner, Todd M. Lyons, Alejandro Mayorkas, Joseph D. McDonald, Jr. and Antone Moniz. Petitioner is scheduled for removal on or after 11/29/2023. Served on 11/14/2023. [23-1901] (SSW) [Entered: 11/14/2023 09:33 AM] |
| NOTICE of appearance on behalf of Appellees Antone Moniz, Joseph D. McDonald, Jr., Todd M. Lyons, Alejandro Mayorkas and Patrick Lechleitner filed by Attorney Mary L. Larakers. Served on 11/14/2023. [23-1901] (ML) [Entered: 11/14/2023 04:30 PM] |
| NOTICE of appearance on behalf of Appellees Patrick Lechleitner, Todd M. Lyons, Alejandro Mayorkas, Joseph D. McDonald, Jr. and Antone Moniz filed by Attorney Sarah Wilson. Served on 11/13/2023. [23-1901] (SSW) [Entered: 11/13/2023 06:48 PM] |
| MOTION to extend stay removal filed by Appellant Carlos Monteiro Silva. Served on 11/13/2023. [23-1901]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (DBD) [Entered: 11/13/2023 03:55 PM] |
| BRIEFING schedule set. Brief and Appendix due 12/26/2023 for appellant Carlos Monteiro Silva. 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. [23-1901] (ALW) [Entered: 11/13/2023 10:49 AM] |
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ORDER entered by David J. Barron, Chief Appellate Judge; Gustavo A. Gelp , Jr., Appellate Judge and Lara E. Montecalvo, Appellate Judge:Petitioner Carlos Silva's motion for stay of removal is >b>DENIED, as he has failed to demonstrate a sufficient likelihood of success on the merits and, more generally, has failed to demonstrate that a stay is in order. See Nken v. Holder , 556 U.S. 418, 434 (2009) (stay standard and factors). The administrative stay entered pursuant to Local Rule 18.0 is vacated. [23-1901] (ALW) [Entered: 11/13/2023 03:13 PM]
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| SUPPLEMENTAL record filed. Docket entry: 15 (Electronic order entered on 10/31/2023 granting in forma pauperis status on appeal received on 11/1/2023). [23-1901]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (ALW) [Entered: 11/03/2023 10:47 AM] |
| Request to proceed in forma pauperis on appeal filed by Appellant Carlos Monteiro Silva was granted in the district court by order dated 10/31/2023. [23-1901] (ALW) [Entered: 11/03/2023 11:09 AM] |
| DOCKETING statement filed by Appellant Carlos Monteiro Silva. Served on 11/03/2023. [23-1901] (DBD) [Entered: 11/03/2023 04:35 PM] |
| NOTICE of appearance on behalf of Appellant Carlos Monteiro Silva filed by Attorney Derege Demissie. Served on 10/31/2023. [23-1901] (DBD) [Entered: 10/31/2023 12:14 PM] |
| NOTICE regarding application of Local Rule 18.0. [23-1901] (ALW) [Entered: 10/30/2023 11:17 AM] |
| MOTION to stay removal filed by Appellant Carlos Monteiro Silva. Served on 10/30/2023. [23-1901] (DBD) [Entered: 10/30/2023 04:16 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. [23-1901] (ALW) [Entered: 10/30/2023 04:43 PM]
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| CIVIL CASE docketed. Notice of appeal (doc. #8) filed by Appellant Carlos Monteiro Silva. Docketing Statement, Appearance form, and Fee due 11/13/2023 . [23-1901] (ALW) [Entered: 10/30/2023 11:06 AM] |
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| Plaintiff / appellant: CARLOS MONTEIRO SILVA | |
| Represented By: | Derege B. Demissie |
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| Defendant / appellee: ALEJANDRO MAYORKAS, Secretary of Homeland Security | |
| Represented By: | Donald Campbell Lockhart |
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| Defendant / appellee: PATRICK LECHLEITNER, Deputy Director and Senior Official Performing the Duties of the Director for U.S. Immigration and Customs Enforcement | |
| Represented By: | Donald Campbell Lockhart |
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| Defendant / appellee: TODD M. LYONS, Boston Field Officer Director Immigration and Customs Enforcement | |
| Represented By: | Donald Campbell Lockhart |
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| Defendant / appellee: ANTONE MONIZ, Superintendent, Plymouth County House of Corrections | |
| Represented By: | Donald Campbell Lockhart |
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| Defendant / appellee: JOSEPH D. MCDONALD, JR., Sheriff of Plymouth County | |
| Represented By: | Donald Campbell Lockhart |
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