Walter Melara Martinez v. William P. Barr
| WALTER HERNAN MELARA MARTINEZ |
| JEFFERSON B. SESSIONS, III, U.S. Attorney General, MATTHEW G. WHITAKER, Acting U.S. Attorney General and WILLIAM P. BARR, U.S. Attorney General |
| 18-3823 |
| August 30, 2018 |
| U.S. Court of Appeals, Sixth Circuit |
| Other |
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| Filing 43 MANDATE ISSUED with no costs taxed. (MRE) [Entered: 04/07/2020 07:08 AM] |
Filing 42
ORDER filed: The motion to remand is GRANTED and these cases are DISMISSED. The parties shall bear their own attorneys fees, costs, and expenses. [ # 31 ] [ # 40 ]. Eric L. Clay, Circuit Judge; David W. McKeague, Circuit Judge and John K. Bush, Circuit Judge. [18-3823, 18-4182] (BSM) [Entered: 02/12/2020 02:47 PM]
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| Filing 41 RESPONSE in opposition filed regarding a motion to consolidate, [ # 40 ]; previously filed by Ms. Abigail Evelyn Leach for William P. Barr in 18-4182. Response from Attorney Mr. Gino J. Scarselli for Petitioner Walter Hernan Melara Martinez in 18-4182, 18-3823 Certificate of Service:01/23/2020. [18-4182, 18-3823] (GJS) [Entered: 01/23/2020 08:41 PM] |
| Filing 40 MOTION filed by Ms. Abigail Evelyn Leach for William P. Barr in 18-4182 to consolidate cases 18-3823/18-4182 & 20-3035. Certificate of Service: 01/16/2020. [18-4182, 18-3823] (AEL) [Entered: 01/16/2020 11:07 AM] |
| Filing 39 STATUS REPORT filed by Mr. Gino J. Scarselli for Walter Hernan Melara Martinez in 18-4182, 18-3823. On July 30, 2019, Petitioner submitted his main brief to the BIA on the denial of his motion to reopen. On December 13, 2019, the BIA dismissed the appeal. Today, January 8, 2020, Petitioner filed a Petition for Review of the BIAs dismissal. Certificate of Service: 01/08/2020. Next status report due 02/07/2020 [18-4182, 18-3823]--[Edited 01/08/2020 by BSM] (GJS) [Entered: 01/08/2020 01:33 PM] |
| Filing 38 STATUS REPORT filed by Mr. Gino J. Scarselli for Walter Hernan Melara Martinez in 18-4182, 18-3823. On July 30, 2019, Petitioner submitted his main brief to the BIA on the denial of his motion to reopen. As of the time of this writing, the BIA has yet to rule on the appeal. Certificate of Service: 11/07/2019. Next status report due 1/08/2020 [18-4182, 18-3823]--[Edited 11/08/2019 by BSM] (GJS) [Entered: 11/07/2019 04:15 PM] |
| Filing 37 STATUS REPORT filed by Mr. Gino J. Scarselli for Walter Hernan Melara Martinez in 18-4182, 18-3823. On July 30, 2019, Petitioner submitted his main brief to the BIA on the denial of his motion to reopen. The government did not file a reply brief. As of this date, the BIA has yet to rule on the appeal. In accordance with this Courts May 10, 2019, order, Petitioner will submit an updated status report within 60 days. Certificate of Service: 12/09/2019. Next status report due 11/07/2019 [18-4182, 18-3823]--[Edited 10/08/2019 by BSM] (GJS) [Entered: 10/08/2019 10:57 AM] |
| Filing 36 REPLY filed by Ms. Abigail Evelyn Leach for William P. Barr in 18-4182 regarding Petitioner's Response Opposing Remand Certificate of Service: 09/03/2019. [18-4182, 18-3823] (AEL) [Entered: 09/03/2019 06:06 PM] |
| Filing 35 RULING LETTER SENT granting motion extend time to file reply to response in opposition to motion to remand [ # 34 ] filed by Mr. Anthony Cardozo Payne. in 18-3823. [18-3823, 18-4182] (BSM) [Entered: 08/08/2019 03:20 PM] |
| Filing 34 MOTION filed by Mr. Anthony Cardozo Payne for William P. Barr in 18-3823, 18-4182 to extend timeCertificate of Service: 08/08/2019. [18-3823, 18-4182] (ACP) [Entered: 08/08/2019 01:38 PM] |
| Filing 33 STATUS REPORT filed by Mr. Brian Joseph Hoffman for Walter Hernan Melara Martinez in 18-3823, 18-4182. On April 29, 2019, the IJ denied the motion to reopen. On May 29, 2019, Petitioner timely filed a notice of appeal with the Board of Immigration Appeals. On May 30, 2019, the BIA rejected the appeal. On June 10, 2019, Petitioner resubmitted his notice of appeal paying the $110 filing fee. On July 30, 2019, Petitioner submitted his main brief to the BIA on the denial of his motion to reopen, and the appeal is currently pending. Certificate of Service: 08/05/2019. Next status report due 10/04/2019 [18-3823, 18-4182]--[Edited 08/06/2019 by BSM]--[Edited 09/05/2019 by BSM] (BJH) [Entered: 08/05/2019 09:49 PM] |
| Filing 32 RESPONSE in opposition filed regarding a motion to remand case, [ # 31 ]; previously filed by Ms. Abigail Evelyn Leach for William P. Barr in 18-4182. Response from Attorney Mr. Gino J. Scarselli for Petitioner Walter Hernan Melara Martinez in 18-4182, 18-3823 Certificate of Service:08/02/2019. [18-4182, 18-3823] (GJS) [Entered: 08/02/2019 05:59 PM] |
| Filing 31 MOTION filed by Ms. Abigail Evelyn Leach for William P. Barr in 18-4182 to remand. Certificate of Service: 07/25/2019. [18-4182, 18-3823] (AEL) [Entered: 07/25/2019 04:24 PM] |
| Filing 30 STATUS REPORT filed by Mr. Gino J. Scarselli for Walter Hernan Melara Martinez in 18-4182, 18-3823. As of this date, Petitioner has not yet received a briefing schedule from the BIA. Certificate of Service: 07/05/2019. Next status report due 09/03/2019 [18-4182, 18-3823]--[Edited 07/05/2019 by CAM] (GJS) [Entered: 07/05/2019 10:55 AM] |
| Filing 29 APPEARANCE filed for Petitioner Walter Melara Martinez in 18-4182, Petitioner Walter Hernan Melara Martinez in 18-3823 by Gino J. Scarselli. Certificate of Service: 06/15/2019. [18-4182, 18-3823] (GJS) [Entered: 06/15/2019 11:13 AM] |
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Filing 28
ORDER filed: The motion is GRANTED, and briefing will be held in abeyance pending a ruling on the motion to reopen or other order by this court. The petitioner is directed to file a status report every 60 days, with the first report due 60 days from entry of this order. [ # 27 ]. Status report due 07/10/2019. [18-3823, 18-4182] (BSM) [Entered: 05/10/2019 12:46 PM]
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| Filing 27 MOTION filed by Mr. Brian Joseph Hoffman for Walter Hernan Melara Martinez in 18-3823, Mr. Brian Joseph Hoffman for Walter Melara Martinez in 18-4182 to hold briefing in abeyance. Certificate of Service: 05/08/2019. [18-3823, 18-4182]--[Edited 05/10/2019 by BSM] *to clarify relief requested* (BJH) [Entered: 05/08/2019 03:39 PM] |
| Filing 26 RULING LETTER SENT granting motion to extend time to file brief [ # 25 ] filed by Mr. Brian Joseph Hoffman., resetting briefing schedule: petitioner brief now due 05/08/2019. (BSM) [Entered: 04/10/2019 02:30 PM] |
| Filing 25 ***LOCKED***MOTION filed by Mr. Brian Joseph Hoffman for Walter Melara Martinez in 18-4182, Mr. Brian Joseph Hoffman for Walter Hernan Melara Martinez in 18-3823 to extend time to file brief. Certificate of Service: 04/10/2019. [18-4182, 18-3823]***Filed on wrong case#***--[Edited 04/10/2019 by BSM] (BJH) [Entered: 04/10/2019 01:19 PM] |
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Filing 24
ORDER filed: The motion to consolidate is GRANTED. The briefing schedule in No. 18-3823 will be held in abeyance pending filing of the supplemental administrative record in No. 18-4182. Upon filing of the record in No. 18-4182, a schedule for briefing will be entered allowing the petitioner to file a brief in No. 18-4182 and the respondent to file a consolidated brief addressing both petitions. The petitioner may file an optional consolidated reply brief. [ # 23 ] (BLC) [Entered: 01/31/2019 02:24 PM]
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| Filing 23 MOTION filed by Ms. Abigail Evelyn Leach for Matthew G. Whitaker to consolidate cases 18-4182 Walter Melara Martinez v. Matthew G. Whitaker & 18-3823 Walter Melara Martinez v Matthew G. Whitaker. Certificate of Service: 01/24/2019. [18-3823] (AEL) [Entered: 01/24/2019 03:40 PM] |
| Filing 22 CORRECTED Petitioner's Opening Brief BRIEF filed by Mr. Brian Joseph Hoffman for Walter Hernan Melara Martinez. Certificate of Service:01/07/2019. Argument Request: requested. [18-3823] (BJH) [Entered: 01/07/2019 11:23 PM] |
| Filing 21 BRIEFING LETTER SENT resetting briefing schedule for the filing of Respondent's Brief: respondent brief now due 02/06/2019. (RLB) [Entered: 12/31/2018 08:06 AM] |
| Filing 20 BRIEFING LETTER SENT requesting brief corrections from Mr. Brian Joseph Hoffman for Walter Hernan Melara Martinez because Designation of Relevant Administrative Records Items is missing. Corrections due: 01/07/2019. (RLB) [Entered: 12/31/2018 08:03 AM] |
| Filing 19 RULING LETTER SENT granting petitioner's motion to extend time to file brief [ # 17 ] filed by Mr. Brian Joseph Hoffman.. (RLB) [Entered: 12/31/2018 07:57 AM] |
| Filing 18 PETITIONER BRIEF filed by Mr. Brian Joseph Hoffman for Walter Hernan Melara Martinez. Certificate of Service:12/28/2018. Argument Request: requested. [18-3823] (BJH) [Entered: 12/28/2018 09:07 PM] |
| Filing 17 MOTION filed by Mr. Brian Joseph Hoffman for Walter Hernan Melara Martinez to extend time to file brief. Certificate of Service: 12/28/2018. [18-3823] (BJH) [Entered: 12/28/2018 09:06 PM] |
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Filing 16
ORDER filed: The unopposed motion for a stay of removal is GRANTED. This order does not relieve Melara of the obligation to comply with any reporting requirements or other conditions of supervision imposed by the government. [ # 11 ] filed by Mr. Brian Joseph Hoffman.. Ralph B. Guy, Jr., Circuit Judge; Jane Branstetter Stranch, Circuit Judge and Joan L. Larsen, Circuit Judge. (BSM) [Entered: 12/12/2018 03:04 PM]
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| Filing 15 RULING LETTER SENT granting motion to extend time to file brief [ # 14 ] filed by Mr. Brian Joseph Hoffman., resetting briefing schedule: petitioner brief now due 12/26/2018. respondent brief now due 01/25/2019. (BSM) [Entered: 11/26/2018 10:04 AM] |
| Filing 14 MOTION filed by Mr. Brian Joseph Hoffman for Walter Hernan Melara Martinez to extend time to file brief. Certificate of Service: 11/21/2018. [18-3823] (BJH) [Entered: 11/21/2018 01:27 PM] |
| Filing 13 RESPONSE filed regarding a motion, [ # 11 ]; previously filed by Mr. Brian Joseph Hoffman for Walter Hernan Melara Martinez. Response from Attorney Ms. Abigail Evelyn Leach for Respondent Jefferson B. Sessions, III Certificate of Service:11/01/2018. [18-3823] (AEL) [Entered: 11/01/2018 01:06 PM] |
| Filing 12 APPENDIX filed by Mr. Brian Joseph Hoffman for Walter Hernan Melara Martinez. Volume: 1; Pages: A-1 - A-92. Certificate of Service: 10/26/2018. [18-3823] (BJH) [Entered: 10/26/2018 03:21 PM] |
| Filing 11 MOTION filed by Mr. Brian Joseph Hoffman for Walter Hernan Melara Martinez for a stay of removal. Certificate of Service: 10/26/2018. [18-3823] (BJH) [Entered: 10/26/2018 03:15 PM] |
| Filing 10 BRIEFING LETTER SENT setting briefing schedule: petitioner brief due 11/26/2018;. respondent brief due 12/26/2018; (BSM) [Entered: 10/17/2018 01:22 PM] |
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Filing 9
ORDER filed granting motion to proceed ifp [ # 8 ] filed by Mr. Brian Joseph Hoffman.. Entered by order of the court. (BSM) [Entered: 10/17/2018 01:19 PM]
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| Filing 8 MOTION filed by Mr. Brian Joseph Hoffman for Walter Hernan Melara Martinez to proceed in forma pauperis. Certificate of Service: 09/19/2018. [18-3823] (BJH) [Entered: 09/19/2018 08:29 PM] |
| Filing 7 Financial Affidavit filed by Attorney Mr. Brian Joseph Hoffman for Petitioner Walter Hernan Melara Martinez Certificate of Service: 09/19/2018. [18-3823] (BJH) [Entered: 09/19/2018 08:28 PM] |
| Filing 6 APPEARANCE filed for Petitioner Walter Hernan Melara Martinez by Brian J. Hoffman, Esq.. Certificate of Service: 09/19/2018. [18-3823] (BJH) [Entered: 09/19/2018 08:26 PM] |
| Filing 5 ADMINISTRATIVE RECORD filed. Number of Pages: 219. NOTE: To avoid later charges, parties are advised to download a copy of the administrative record at receipt of this notice. [18-3823] (TS) [Entered: 09/13/2018 12:04 PM] |
| Filing 4 APPEARANCE filed for Respondent Jefferson B. Sessions, III by Anthony C. Payne. Certificate of Service: 08/31/2018. [18-3823] (ACP) [Entered: 08/31/2018 08:27 AM] |
| Filing 3 APPEARANCE filed for Respondent Jefferson B. Sessions, III by Abigail E. Leach. Certificate of Service: 08/31/2018. [18-3823] (AEL) [Entered: 08/31/2018 08:26 AM] |
| Filing 2 The case manager for this case is: Briston Mitchell (BSM) [Entered: 08/30/2018 03:59 PM] |
| Filing 1 Agency Case Docketed. Notice filed by Petitioner Walter Hernan Melara Martinez. Originating Case No: A 088 039 956. (BSM) [Entered: 08/30/2018 03:56 PM] |
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