Flores Diaz v. Blanche
| MARCO TULIO FLORES DIAZ |
| PAMELA J. BONDI, Attorney General and TODD BLANCHE, Acting Attorney General |
| AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE, RONALD L. ABRAMSON, AMERICAN CIVIL LIBERTIES UNION OF MAINE, JENNY BEVERLY, BOSTON COLLEGE LEGAL SERVICES LAB IMMIGRATION CLINIC, BOSTON UNIVERSITY SCHOOL OF LAW IMMIGRANTS RIGHTS AND HUMAN TRAFFICKING PROGRAM, CENTRAL WEST JUSTICE CENTER, SARA P. CRESSEY, PAULA ESTEVES, CARLOS E. ESTRADA, HAVEN IMMIGRATION LAW, LLC, IMMIGRANT LEGAL ADVOCACY PROJECT, NANCY KELLY, MASSACHUSETTS LAW REFORM INSTITUTE, NEW HAMPSHIRE LEGAL ASSISTANCE, POLITICAL ASYLUM/IMMIGRATION REPRESENTATION PROJECT, AMELIA LYNN RITENOUR, ERICA SCHAIR-CARDONA, SHAHEEN & GORDON, PA, ANNA WELCH, JOHN EDWARD WILLSHIRE-CARRERA and BRIANA ZHUANG |
| 25-2032 |
| October 24, 2025 |
| U.S. Court of Appeals, First Circuit |
| Other |
Docket Report
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| RESPONDENT'S BRIEF filed by Respondent Todd Blanche. Served on 04/16/2026. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 04/24/2026 . Reply brief due 05/07/2026 for PETITIONER Marco Tulio Flores Diaz. [25-2032] (NP) [Entered: 04/17/2026 11:25 AM] |
| BRIEF tendered by Respondent Todd Blanche. [25-2032] (LC) [Entered: 04/16/2026 12:28 PM] |
ORDER granting motion to extend time to file brief filed by Respondent Pamela J. Bondi. Brief due 04/20/2026 for respondent Pamela J. Bondi. [25-2032] (GB) [Entered: 04/01/2026 11:04 AM]
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| MOTION to extend time to file BRIEF filed by Respondent Pamela J. Bondi. Served on 03/31/2026. [25-2032] CLERK'S NOTE: Relief selection was incorrect. Correction made by clerk's office. No further action required. (LC) [Entered: 03/31/2026 07:58 PM] |
| NINE (9) paper copies of amici curiae brief [ # 6794718-2 ] submitted by Amici Curiae Ronald L. Abramson, American Civil Liberties Union of Maine, American Civil Liberties Union of New Hampshire, Jenny Beverly, Boston College Legal Services LAB Immigration Clinic, Boston University School Of Law Immigrants Rights And Human Trafficking Program, Central West Justice Center, Sara P. Cressey, Paula Esteves, Carlos E. Estrada, Haven Immigration Law, LLC, Immigrant Legal Advocacy Project, Nancy Kelly, Massachusetts Law Reform Institute, New Hampshire Legal Assistance, Political Asylum/Immigration Representation Project, Amelia Lynn Ritenour, Erica Schair-Cardona, Shaheen & Gordon, PA, Anna Welch, John Edward Willshire-Carrera and Briana Zhuang. [25-2032] (SRS) [Entered: 03/31/2026 09:58 AM] |
| DISCLOSURE statement filed by Amici Curiae Ronald L. Abramson, American Civil Liberties Union of Maine, American Civil Liberties Union of New Hampshire, Jenny Beverly, Boston College Legal Services LAB Immigration Clinic, Boston University School Of Law Immigrants Rights And Human Trafficking Program, Central West Justice Center, Sara P. Cressey, Paula Esteves, Carlos E. Estrada, Haven Immigration Law, LLC, Immigrant Legal Advocacy Project, Nancy Kelly, Massachusetts Law Reform Institute, New Hampshire Legal Assistance, Political Asylum/Immigration Representation Project, Amelia Lynn Ritenour, Erica Schair-Cardona, Shaheen & Gordon, PA, Anna Welch, John Edward Willshire-Carrera and Briana Zhuang. Served on 03/13/2026. [25-2032] (GB) [Entered: 03/19/2026 06:04 PM] |
| AMICUS CURIAE BRIEF filed by Amici Curiae Ronald L. Abramson, American Civil Liberties Union of Maine, American Civil Liberties Union of New Hampshire, Jenny Beverly, Boston College Legal Services LAB Immigration Clinic, Boston University School Of Law Immigrants Rights And Human Trafficking Program, Central West Justice Center, Sara P. Cressey, Paula Esteves, Carlos E. Estrada, Haven Immigration Law, LLC, Immigrant Legal Advocacy Project, Nancy Kelly, Massachusetts Law Reform Institute, New Hampshire Legal Assistance, Political Asylum/Immigration Representation Project, Amelia Lynn Ritenour, Erica Schair-Cardona, Shaheen & Gordon, PA, Anna Welch, John Edward Willshire-Carrera and Briana Zhuang in support of Petitioner. Served on 03/13/2026. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 03/26/2026 . [25-2032] (GB) [Entered: 03/19/2026 06:03 PM] |
| FIVE (5) paper copies of appendix [ # 6792256-2 ] submitted by Petitioner Marco Tulio Flores Diaz. [25-2032] (SRS) [Entered: 03/18/2026 10:49 AM] |
| NINE (9) paper copies of petitioner's brief [ # 6792254-2 ] submitted by Petitioner Marco Tulio Flores Diaz. [25-2032] (SRS) [Entered: 03/18/2026 10:18 AM] |
| DISCLOSURE statement filed by Movants Ronald L. Abramson, American Civil Liberties Union of Maine, Jenny Beverly, Boston College Legal Services LAB Immigration Clinic, Boston University School Of Law Immigrants Rights And Human Trafficking Program, Central West Justice Center, Sara P. Cressey, Paula Esteves, Carlos E. Estrada, Haven Immigration Law, LLC, Immigrant Legal Advocacy Project, Nancy Kelly, Massachusetts Law Reform Institute, New Hampshire Legal Assistance, Political Asylum/Immigration Representation Project, Amelia Lynn Ritenour, Erica Schair-Cardona, Shaheen & Gordon, PA, Anna Welch, John Edward Willshire-Carrera and Briana Zhuang. Served on 03/13/2026. [25-2032] (GB) [Entered: 03/13/2026 12:00 PM] |
| AMICUS CURIAE BRIEF tendered by First Circuit-based immigration law practitioners, nonprofit organizations, immigration law professors, law school clinics, and law firms. [25-2032] (CE) [Entered: 03/13/2026 11:23 AM] |
| NOTICE of appearance on behalf of Movants Ronald L. Abramson, American Civil Liberties Union of Maine, Jenny Beverly, Boston College Legal Services LAB Immigration Clinic, Boston University School Of Law Immigrants Rights And Human Trafficking Program, Central West Justice Center, Sara P. Cressey, Paula Esteves, Carlos E. Estrada, Haven Immigration Law, LLC, Immigrant Legal Advocacy Project, Nancy Kelly, Massachusetts Law Reform Institute, New Hampshire Legal Assistance, Political Asylum/Immigration Representation Project, Amelia Lynn Ritenour, Erica Schair-Cardona, Shaheen & Gordon, PA, Anna Welch, John Edward Willshire-Carrera and Briana Zhuang filed by Attorney Chelsea Eddy. Served on 03/13/2026. [25-2032] CLERK'S NOTE: Party selection was incorrect. Correction made by clerk's office. No further action required. (CE) [Entered: 03/13/2026 11:36 AM] |
| NOTICE of appearance on behalf of Movant(s) The First Circuit-Based Immigration Practitioners, Nonprofit Organizations, Immigration Law Professors, Law School Clinics, and Law Firms filed by Attorney Caroline Meade. Served on 03/13/2026. [25-2032] (CM) [Entered: 03/13/2026 01:32 PM] |
| NOTICE of appearance on behalf of Movant(s) The First Circuit-Based Immigration Practitioners, Nonprofit Organizations, Immigration Law Professors, Law School Clinics, and Law Firms filed by Attorney SangYeob Kim. Served on 03/13/2026. [25-2032] (SK) [Entered: 03/13/2026 12:05 PM] |
| NOTICE of appearance on behalf of Movant(s) The First Circuit-Based Immigration Practitioners, Nonprofit Organizations, Immigration Law Professors, Law School Clinics, and Law Firms filed by Attorney Gilles Bissonnette. Served on 03/13/2026. [25-2032] (GRB) [Entered: 03/13/2026 12:13 PM] |
| APPENDIX filed by Petitioner Marco Tulio Flores Diaz. Served on 03/06/2026. Five paper copies of the electronically filed appendix must be submitted so that they are received by the court on or before 03/17/2026 [25-2032] (NP) [Entered: 03/10/2026 04:15 PM] |
| PETITIONER'S BRIEF filed by Petitioner Marco Tulio Flores Diaz. Served on 03/06/2026. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 03/17/2026 . Brief due 04/06/2026 for RESPONDENT Pamela J. Bondi. [25-2032] (NP) [Entered: 03/10/2026 04:09 PM] |
| APPENDIX tendered by Petitioner Marco Tulio Flores Diaz. Served on 03/03/2026. [25-2032] (SMP) [Entered: 03/06/2026 05:56 PM] |
| BRIEF tendered by Petitioner Marco Tulio Flores Diaz. [25-2032] (SMP) [Entered: 03/06/2026 04:38 PM] |
| NOTICE of appearance on behalf of Petitioner Marco Tulio Flores Diaz filed by Attorney Ilana B. Gelfman. Served on 03/04/2026. [25-2032] (IBG) [Entered: 03/04/2026 04:24 PM] |
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ORDER granting motion to extend time to file brief and appendix filed by Petitioner Marco Tulio Flores Diaz. Brief and Appendix due 03/06/2026 for petitioner Marco Tulio Flores Diaz. We are disinclined to grant a request for further enlargement of this deadline. [25-2032] (GB) [Entered: 01/23/2026 11:28 AM]
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| MOTION to extend time to file brief and appendix filed by Petitioner Marco Tulio Flores Diaz. Served on 01/20/2026. [25-2032] (SMP) [Entered: 01/20/2026 02:05 PM] |
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ORDER granting motion to extend time to file brief and appendix filed by Petitioner Marco Tulio Flores Diaz. Brief and Appendix due 02/04/2026 for petitioner Marco Tulio Flores Diaz. [25-2032] (GB) [Entered: 12/10/2025 03:12 PM]
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| MOTION to extend time to file brief and appendix filed by Petitioner Marco Tulio Flores Diaz. Served on 12/10/2025. [25-2032] (SMP) [Entered: 12/10/2025 02:55 PM] |
| BRIEFING schedule set. Brief and Appendix due 01/05/2026 for petitioner Marco Tulio Flores Diaz. Pursuant to F.R.A.P. 31(a), respondent's brief will be due 30 days following service of petitioner's brief and petitioner's reply brief will be due 21 days following service of respondent's brief. [25-2032] (AL) [Entered: 12/08/2025 05:16 PM] |
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ORDER entered by Lara E. Montecalvo, Appellate Judge. On November 3, 2025, the court entered an order that, among other things, granted the government's motion seeking a stay of proceedings in light of a lapse in appropriations (the court also stayed petitioner's removal from the country with that order). The government now has filed a status report informing the court that relevant functions have been resumed and requesting that the previously imposed stay of proceedings be lifted. In light of this filing, the stay of proceedings is lifted. The administrative record having been filed, petitioner's opening brief and appendix shall be due within 45 days of entry of this order. The response brief shall be due within 30 days of service of the opening brief. Any reply brief shall be due within 21 days of service of the response brief. [25-2032] (GB) [Entered: 11/19/2025 10:27 AM]
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| STATUS report regarding restoration of appropriations filed by Respondent Pamela J. Bondi. Served on 11/13/2025. [25-2032] CLERK'S NOTE: Docket entry was edited to modify the docket text. (LC) [Entered: 11/13/2025 08:14 AM] |
| ADMINISTRATIVE record. [25-2032] (TS) [Entered: 11/04/2025 11:28 AM] |
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ORDER entered by David J. Barron, Chief Appellate Judge; Gustavo A. Gelp , Jr., Appellate Judge and Julie Rikelman, Appellate Judge. Petitioner Marco Tulio Flores Diaz seeks a stay of removal pending the resolution of his petition for review. Petitioner's motion is allowed , and petitioner's removal is stayed. If the petition for review is denied -- and absent further order of court prescribing a different result -- the stay of removal will expire when mandate issues. Respondent's motion for a stay of proceedings, in light of the lapse in appropriations, "until Department of Justice attorneys . . . resume their usual civil litigation functions" is granted . The government shall notify this court forthwith when those functions are resumed. [25-2032] (GB) [Entered: 11/03/2025 08:37 AM]
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| RESPONSE filed by Petitioner Marco Tulio Flores Diaz to motion to hold case in abeyance [ # 6761006-2 ]. Served on 10/29/2025. [25-2032] (SMP) [Entered: 10/29/2025 11:09 AM] |
| RESPONSE filed by Respondent Pamela J. Bondi to motion to stay removal [ # 6760568-2 ]. Served on 10/28/2025. [25-2032] (LC) [Entered: 10/28/2025 09:27 AM] |
| MOTION to hold case in abeyance filed by Respondent Pamela J. Bondi. Served on 10/28/2025. [25-2032] (LC) [Entered: 10/28/2025 09:21 AM] |
| MOTION for substitution of counsel filed by Respondent Pamela J. Bondi. Served on 10/28/2025. [25-2032] (LC) [Entered: 10/28/2025 09:24 AM] |
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ORDER entered. Upon consideration, the motion to withdraw Attorney Bernard Joseph and Attorney Anthony P. Nicastro as counsel for Respondent is granted. Attorney Bernard Joseph and Attorney Anthony P. Nicastro are hereby withdrawn as counsel in this petition for review, and Respondent will continue to be represented by the remaining counsel of record. [25-2032] (GB) [Entered: 10/28/2025 10:09 AM]
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| NOTICE of appearance on behalf of Respondent Pamela J. Bondi filed by Attorney Lindsay M. Corliss. Served on 10/28/2025. [25-2032] (LC) [Entered: 10/28/2025 09:42 AM] |
| RESPONSE with exhibits filed by Respondent Pamela J. Bondi to order [ # 6760574-2 ]. Served on 10/28/2025. [25-2032] CLERK'S NOTE: Docket entry was edited to modify the docket text. (LC) [Entered: 10/28/2025 11:04 AM] |
| NOTICE of appearance on behalf of Respondent Pamela J. Bondi filed by Attorney Lindsay Corliss. Served on 10/27/2025. [25-2032] (LC) [Entered: 10/27/2025 11:43 AM] |
| MOTION to stay removal filed by Petitioner Marco Tulio Flores Diaz. Served on 10/24/2025. [25-2032] (AL) [Entered: 10/24/2025 05:38 PM] |
| NOTICE regarding application of Local Rule 18.0. [25-2032] (AL) [Entered: 10/24/2025 05:33 PM] |
| Filing fee was paid by Petitioner Marco Tulio Flores Diaz. Receipt number: A01-41699-350. [25-2032] (AL) [Entered: 10/24/2025 05:32 PM] |
| NOTICE of appearance filed by Attorney Schuyler Merker Pisha for Petitioner Marco Tulio Flores Diaz. Served on 10/24/2025. [25-2032] (AL) [Entered: 10/24/2025 05:39 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. [25-2032] (AL) [Entered: 10/24/2025 05:50 PM]
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| AGENCY CASE docketed. Petition for review filed by Petitioner Marco Tulio Flores Diaz. Administrative record due 12/03/2025. Copy of petition served on respondent(s) pursuant to FRAP 15(c). [25-2032] (AL) [Entered: 10/24/2025 05:23 PM] |
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