Sonia Cerrato-Espinoza, et al v. Attorney General United States of America
| SONIA YAMILETH CERRATO-ESPINOZA, C. A. A.-C. and M. D. R.-C. |
| ATTORNEY GENERAL UNITED STATES OF AMERICA |
| 25-3050 |
| October 21, 2025 |
| U.S. Court of Appeals, Third Circuit |
| Other |
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Filing 23
ORDER (KRAUSE, MATEY and BOVE, Circuit Judges) The governments request to vacate the temporary administrative stay of removal entered by the Clerk of Court is GRANTED. For similar reasons, Petitioners motion for a stay of removal is DENIED. See Nken v. Holder, 556 U.S. 418, 434 (2009). Specifically, Petitioners merits showing is insufficient because, subject to exceptions not implicated here, we lack jurisdiction to review the BIAs decision declining to sua sponte review the final order of removal, which was not timely challenged in this Court. See Darby v. AG, 1 F.4th 151, 164 (3d Cir. 2021). Under these circumstances, the interest balancing required by Nken favors the public and the Executive Branch, which both have strong interests in timely execution of lawful removal orders, and Petitioners have not demonstrated enough of a risk of irreparable harm. Finally, the Petition For Review is DISMISSED. As stated, we lack jurisdiction under Darby. *Judge Krause dissents from the majority's dismissal for lack of jurisdiction. Panel No.: BLD-061. Matey, Authoring Judge. (SB) [Entered: 01/29/2026 09:41 AM]
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| Filing 22 TEXT ORDER (Clerk) granting motion to stay briefing schedule pending disposition of the motion to dismiss for lack of jurisdiction filed by Respondent Attorney General United States of America. If the motion to dismiss is denied or referred to the merits panel, Respondent's brief must be filed and served within thirty (30) days of the date of the order denying or referring the motion. (NMB) [Entered: 01/26/2026 12:00 PM] |
| Filing 21 ECF FILER: Motion filed by Respondent Attorney General United States of America to stay briefing schedule. Certificate of Service dated 01/23/2026. Service made by ECF. [25-3050] (RB) [Entered: 01/23/2026 01:49 PM] |
| Filing 20 HARD COPY RECEIVED from Petitioners C. A. A.-C., Sonia Yamileth Cerrato-Espinoza and M. D. R.-C. - Appendix. Copies: 4. Volumes: 1 (MS) [Entered: 01/20/2026 03:33 PM] |
| Filing 19 HARD COPY RECEIVED from Petitioners C. A. A.-C., Sonia Yamileth Cerrato-Espinoza and M. D. R.-C. - Brief. Copies: 7. (KEL) [Entered: 01/20/2026 02:11 PM] |
| Filing 18 COMPLIANCE RECEIVED. Electronic Appendix Volume I received from Petitioners C. A. A.-C., Sonia Yamileth Cerrato-Espinoza and M. D. R.-C. Hard copies due on or before 01/20/2026. (MCW) [Entered: 01/14/2026 05:17 PM] |
| Filing 17 ECF FILER: ELECTRONIC APPENDIX Volume I on behalf of Petitioners Sonia Yamileth Cerrato-Espinoza, C. A. A.-C. and M. D. R.-C.. Certificate of service dated 01/14/2026 by ECF. [25-3050]--[Edited 01/14/2026 by MCW] (JPL) [Entered: 01/14/2026 04:46 PM] |
| Filing 16 TEXT ORDER (Clerk) directing Attorney John P. Leschak, Esq., counsel for Petitioners. to file an Appendix containing the Petition for Review and BIA Decision and Order in electronic and paper format 4 hard copies with white covers. Due on or before 01/20/2026. (MCW) [Entered: 01/14/2026 04:37 PM] |
| Filing 15 ECF FILER: ELECTRONIC BRIEF on behalf of Petitioners Sonia Yamileth Cerrato-Espinoza, C. A. A.-C. and M. D. R.-C.. Certificate of Service dated 01/14/2026 by ECF. [25-3050] (JPL) [Entered: 01/14/2026 03:58 PM] |
| Filing 14 ECF FILER: Motion filed by Respondent Attorney General United States of America to to dismiss case for lack of jurisdiction, response to motion and request to vacate the temporary administrative stay of removal . Certificate of Service dated 12/23/2025. Service made by ECF. [25-3050] (RB) [Entered: 12/23/2025 01:14 PM] |
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Filing 13
ORDER (Clerk) temporarily granting motion for stay of removal in accordance with the Standing Order of the Court dated August 5, 2015. Removal is stayed until such time as the Court can consider the motion for stay of removal. (JK) [Entered: 12/22/2025 11:20 AM]
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| Filing 12 ECF FILER: Motion filed by Petitioners Sonia Yamileth Cerrato-Espinoza, C. A. A.-C. and M. D. R.-C. to stay removal. Certificate of Service dated 12/22/2025. Service made by ECF. [25-3050] (JPL) [Entered: 12/22/2025 03:34 AM] |
| Filing 11 TEXT ORDER (Clerk) granting unopposed motion for extension of time filed by Petitioners Sonia Yamileth Cerrato-Espinoza, C. A. A.-C. and M. D. R.-C. to file brief and appendix until 01/14/2026. (GCH) [Entered: 12/04/2025 11:16 AM] |
| Filing 10 ECF FILER: UNOPPOSED Motion filed by Petitioners Sonia Yamileth Cerrato-Espinoza, C. A. A.-C. and M. D. R.-C. for Extension of Time to file Brief and Appendix until/for 30 days or to 01/14/2026. Certificate of Service dated 12/04/2025. Service made by ECF. [25-3050] (JPL) [Entered: 12/04/2025 01:16 AM] |
| Filing 9 BRIEFING NOTICE ISSUED. Brief on behalf of Petitioners C. A. A.-C., Sonia Yamileth Cerrato-Espinoza and M. D. R.-C. due on or before 12/15/2025. Appendix due on or before 12/15/2025. (SB) [Entered: 11/04/2025 01:14 PM] |
| Filing 8 ECF FILER: DISCLOSURE STATEMENT on behalf of Petitioners Sonia Yamileth Cerrato-Espinoza, M. D. R.-C. and C. A. A.-C.. [25-3050] (JPL) [Entered: 11/03/2025 11:34 PM] |
| Filing 7 ECF FILER: AGENCY INFORMATION STATEMENT on behalf of Petitioners Sonia Yamileth Cerrato-Espinoza, M. D. R.-C. and C. A. A.-C.. [25-3050] (JPL) [Entered: 11/03/2025 11:30 PM] |
| Filing 6 ECF FILER: ENTRY OF APPEARANCE from John Peter Leschak on behalf of Petitioner(s) Sonia Yamileth Cerrato-Espinoza; C.A.A.-C.; M.D.R.-C.. [25-3050] (JPL) [Entered: 11/03/2025 11:26 PM] |
| Filing 5 ECF FILER: ADMINISTRATIVE RECORD. [25-3050] (TS) [Entered: 10/29/2025 09:48 AM] |
| Filing 4 ECF FILER: ENTRY OF APPEARANCE from Rachel P. Berman-Vaporis on behalf of Respondent(s) Pamela J. Bondi, U.S. Attorney General. [25-3050] (RB) [Entered: 10/23/2025 01:21 PM] |
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Filing 3
ORDER (Clerk) Pursuant to Federal Rule of Civil Procedure 5.2 (made applicable by Federal Rule of Appellate Procedure 25(a)(5)) and Third Circuit Local Appellate Rule 113.12, personal identifier information must be redacted from most filings. These identifiers include Social Security numbers, names of minor children, financial account numbers, dates of birth, and home addresses in criminal cases. Litigants are responsible for redacting documents. This Courts Local Appellate Rules are available at www.ca3.uscourts.gov. Accordingly, this action has been docketed under the initials of the minor Petitioner, rather than Petitioners full name. It is noted that the parent or guardian of the minor children is identified in the case and caption by their full name. If the parent or guardian wishes to be identified by their initials as the minor children are or to proceed under a pseudonym, a motion requesting such relief must be filed with the Court within seven (7) days of the date of this Order. Otherwise, the case will continue under the full name of the parent or guardian. The parties should comply with these privacy rules in any future filings, with the exception of the administrative record. The Clerk will not review each filing for compliance. This order has no impact on any filings in the agency, and the parties should address any issues regarding those filings with the appropriate agency. (SB) [Entered: 10/21/2025 05:10 PM]
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Filing 2
ORDER (Clerk) directing the Executive Office of Immigration Review to file the administrative record. (SB) [Entered: 10/21/2025 05:04 PM]
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| Filing 1 AGENCY CASE DOCKETED. Petition filed by C. A. A.-C., Sonia Yamileth Cerrato-Espinoza and M. D. R.-C.. Certificate of Service dated 10/21/2025. Service made by Email. Petition filed electronically on 10/21/25 at 12:18 p.m.. Payment made through pay.gov.. Receipt No. A03-67813-913. (SB) [Entered: 10/21/2025 05:01 PM] |
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