Michael Medina Portillo v. Chad Wolf, et al
| TONY H. PHAM, Acting Director U.S. Immigration and Customs Enforcement, DAVID HARDING WETMORE, Chief Appellate Immigration Judge of the Board of Immigration Appeals, KENNETH T. CUCCINELLI, Acting Director of U.S. Citizenship and Immigration Services, REBECCA ADDUCCI, Field Office Director ICE ERO Detroit, DANIEL RENAUD, Associate Director of Field Operations Directorate of the U.S. Citizenship and Immigration Services, in his official capacity, JAMES MCHENRY, Director of Executive Office of Immigration Review (EOIR oversees the Board of Immigration Appeals (BIA), CHAD F. WOLF, Acting Secretary, U.S. Departmentof Homeland Security, in his official capacity, MICHAEL J. KLINGER, Detroit Field Office Director, United Citizenship and Immigration Service and WILLIAM P. BARR, U.S. Attorney General, in his official capacity |
| MICHAEL MEDINA PORTILLO and MICHAEL STEVEN MEDINA PORTILLO |
| 20-2031 |
| October 19, 2020 |
| U.S. Court of Appeals, Sixth Circuit |
| Other |
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Filing 31
ORDER filed : Pursuant to Rule 33 of the local Rules of the Sixth Circuit, the parties participated in mediation with the Office of the Circuit Mediators and as a result of such efforts have agreed to the following terms, which are hereby adopted as the Order of the Court. [please review entire order for important deadlines] Danny J. Boggs, John K. Bush, and John B. Nalbandian, Circuit Judges. [20-2031, 20-4115] (RGF) [Entered: 12/01/2020 01:02 PM]
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Filing 29
ORDER filed : Because Portillo did not seek pauper status in the district court first, his motion to proceed in forma pauperis in appeal No. 20-2031 is DENIED. Portillo should seek the district courts permission to proceed in forma pauperis. If the district court grants permission, he may so proceed. Fed. R. App. Proc. 24(a)(2). If the district court denies permission, he may then renew his request in this court. Fed. R. App. Proc. 24(a)(5).Amul R. Thapar, Circuit Judge.--[Edited 11/30/2020 by RGF] (RGF) [Entered: 11/25/2020 12:02 PM]
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| Filing 28 STATUS REPORT filed. Next status report due date to be determined by the Mediation Office. (LMR) [Entered: 11/19/2020 12:04 PM] |
| Filing 27 MEDIATOR-INITIATED CALL: The next Status Report is now due to the Mediation Office at the time of the Follow-up Telephone Mediation conference recheduled for 11/19/2020 at 10:30 AM (ET) with Paul Calico. [Please open notice for important details and deadlines.] [20-2031, 20-4115] (LMR) [Entered: 11/12/2020 01:39 PM] |
| Filing 26 STATUS REPORT filed. MEDIATOR-INITIATED CALL: The next Status Report is due to the Mediation Office at the time of the Follow-up Telephone Mediation conference scheduled for 11/13/2020 at 2:00 PM (ET) with Paul Calico. [Please open notice for important details and deadlines.] [20-2031, 20-4115] (LMR) [Entered: 11/06/2020 02:28 PM] |
| Filing 25 Financial Affidavit filed by Attorney Ms. Maris J. Liss for Appellant Michael Steven Medina Portillo Certificate of Service: 11/03/2020. [20-2031] (MJL) [Entered: 11/03/2020 01:06 PM] |
| Filing 24 APPEARANCE filed for Petitioner Michael Steven Medina Portillo in 20-4115 by George P. Mann. Certificate of Service: 11/02/2020. [20-4115, 20-2031] (GPM) [Entered: 11/02/2020 10:56 AM] |
| Filing 23 APPEARANCE filed for Petitioner Michael Steven Medina Portillo in 20-4115 by George P. Mann. Certificate of Service: 11/02/2020. [20-2031, 20-4115] (GPM) [Entered: 11/02/2020 10:54 AM] |
| Filing 22 CORPORATE DISCLOSURE STATEMENT filed by Attorney Ms. Maris J. Liss for Petitioner Michael Steven Medina Portillo in 20-4115, Attorney Ms. Maris J. Liss for Appellant Michael Steven Medina Portillo in 20-2031 Certificate of Service: 11/02/2020. [20-4115, 20-2031] (MJL) [Entered: 11/02/2020 10:16 AM] |
| Filing 21 CORPORATE DISCLOSURE STATEMENT filed by Attorney Ms. Maris J. Liss for Appellant Michael Steven Medina Portillo in 20-2031, Attorney Ms. Maris J. Liss for Petitioner Michael Steven Medina Portillo in 20-4115 Certificate of Service: 11/02/2020. [20-2031, 20-4115] (MJL) [Entered: 11/02/2020 10:12 AM] |
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Filing 20
ORDER filed : In No. 20-2031, Michael Medina Portillo appeals an order of the district court dismissing for lack of subject matter jurisdiction his petition for a writ of habeas corpus seeking to stay his removal while the Board of Immigration Appeals (BIA) considers whether to reopen his removal proceedings. In No. 20-4115, Portillo petitions for review of the order from the BIA denying his motion to reopen. We have temporarily stayed Portillos removal until November 6, 2020. The Office of the Circuit Mediators is now involved, and an extension of our stay will facilitate the efforts to mediate the case. The temporary stay is EXTENDED and shall remain in place until fourteen (14) days after the mediation process concludes. Danny J. Boggs, John K. Bush, and John B. Nalbandian, Circuit Judges. [20-2031, 20-4115] (RGF) [Entered: 10/30/2020 05:09 PM]
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| Filing 19 MOTION filed by Ms. Maris J. Liss for Michael Steven Medina Portillo to proceed in forma pauperis. Certificate of Service: 10/30/2020. [20-2031] (MJL) [Entered: 10/30/2020 03:32 PM] |
| Filing 18 This matter is hereby held in abeyance pending mediation. A Status Report is DUE TO THE MEDIATION OFFICE at the time of the mediation conference scheduled for 11/06/2020 at 11:00 AM (ET) with Paul Calico. (LMR) [Entered: 10/29/2020 05:49 PM] |
| Filing 17 MEDIATOR-INITIATED CALL: This matter is hereby held in abeyance with a Status Report due to the Mediation Office at the time of the Telephone Mediation conference scheduled for 11/06/2020 at 11:00 AM (ET) with Paul Calico. [Please open notice for important details and deadlines.] [20-2031, 20-4115] (LMR) [Entered: 10/29/2020 05:45 PM] |
| Filing 16 Mediation Office is involved in this appeal. (LMR) [Entered: 10/29/2020 05:40 PM] |
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Filing 15
ORDER filed : The motion for extension is GRANTED. Petitioners removal is STAYED up to and including November 6, 2020. Defendants supplemental response to the motion to stay and their response to the motion to consolidate are due on or before Friday, October 30, 2020. Danny J. Boggs, John K. Bush, and John B. Nalbandian, Circuit Judges. (RGF) [Entered: 10/26/2020 08:43 AM]
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| Filing 14 MOTION filed by Brittany D. Parling for Rebecca Adducci, William P. Barr, Kenneth T. Cuccinelli, Michael J. Klinger, James McHenry, Tony H. Pham, Daniel Renaud, David Harding Wetmore and Chad F. Wolf to extend time Joint Motion to Extend Filing Deadlines and Temporary Stay of Removal Certificate of Service: 10/23/2020. [20-2031] (BDP) [Entered: 10/23/2020 06:21 PM] |
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Filing 13
ORDER filed : To facilitate adequate review of the issues arising from the district courts decision, we ask the Government to address, in a supplemental response, two issues: (1) what is the relevance of the BIAs failure to act or exercise its discretion on Portillos motion to reopen in his immigration proceedings, filed on November 4, 2019, while knowing his removal was pending (R. 10, Op. & Order, PageID 355; Appellant Br. at 3); and (2) what is the accuracy and relevance of Portillos claim that, without any due process, he will lose Special Immigrant Juvenile Status and his associated right to remain in the United States, which USCIS granted on May 29, 2020, following the BIAs affirmance of a decision denying him withholding of removal on October 4, 2019. For the same reason, we also conclude that a temporary stay is warranted pending our consideration of the motion to stay. See Brady v. Natl Football League, 638 F.3d 1004, 1005 (8th Cir. 2011) (collecting cases). A temporary stay is GRANTED, and petitioners removal is STAYED until Friday, October 30, 2020 or until we adjudicate the motion to stay on the merits, whichever occurs earlier. The Government SHALL file its supplemental response on or before Monday, October 26, 2020 at 12:00 p.m. ET. Petitioner shall have forty-eight (48) hours following receipt of the Governments supplemental response in which to file a reply. Danny J. Boggs, John K. Bush, and John B. Nalbandian, Circuit Judges. (RGF) [Entered: 10/21/2020 05:26 PM]
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| Filing 12 NOTIFICATION filed by Ms. Maris J. Liss for Michael Steven Medina Portillo regarding Reply to government's notification today of copy of bia decision containing exhibits demonstrating motion to reopen to BIA was, in fact, filed timely filed.. Certificate of Service: 10/21/2020. [20-2031] (MJL) [Entered: 10/21/2020 05:07 PM] |
| Filing 11 MOTION filed by Ms. Maris J. Liss for Michael Medina Portillo to consolidate cases Michael Portillo v. William Barr 20-4115. Certificate of Service: 10/21/2020. [20-2031] (MJL) [Entered: 10/21/2020 02:47 PM] |
| Filing 10 FILED: Notification by Brittany D. Parling for Rebecca Adducci, William P. Barr, Kenneth T. Cuccinelli, Michael J. Klinger, James McHenry, Tony H. Pham, Daniel Renaud, David Harding Wetmore and Chad F. Wolf. Certificate of Service: 10/21/2020. [20-2031] (BDP) [Entered: 10/21/2020 02:32 PM] |
| Filing 9 NOTIFICATION filed by Ms. Maris J. Liss for Michael Medina Portillo regarding. Certificate of Service: 10/21/2020. [20-2031] (MJL) [Entered: 10/21/2020 02:08 PM] |
| Filing 8 REPLY filed by Ms. Maris J. Liss for Michael Medina Portillo regarding Appellant's Opposition to Emergency Stay of Removal and Temporary Restraining Order Certificate of Service: 10/21/2020. [20-2031] (MJL) [Entered: 10/21/2020 01:53 AM] |
| Filing 7 RESPONSE in opposition filed regarding a motion to stay removal, [ # 4 ]; previously filed by Ms. Maris J. Liss for Michael Medina Portillo. Response from Attorney Brittany D. Parling for Appellees Rebecca Adducci, William P. Barr, Kenneth T. Cuccinelli, Michael J. Klinger, James McHenry, Tony H. Pham, Daniel Renaud, David Harding Wetmore and Chad F. Wolf. Certificate of Service: 10/20/2020. [20-2031] (BDP) [Entered: 10/20/2020 05:22 PM] |
| Filing 6 NOTIFICATION filed by Ms. Maris J. Liss for Michael Medina Portillo regarding Appellant's removal flight is scheduled for 10/22/20 at 6:30am; and ICE stay was denied.. Certificate of Service: 10/20/2020. [20-2031] (MJL) [Entered: 10/20/2020 03:53 PM] |
| Filing 5 APPEARANCE filed for Appellees Chad F. Wolf, William P. Barr, Michael J. Klinger, Tony H. Pham, Kenneth T. Cuccinelli, Rebecca Adducci, Daniel Renaud, James McHenry and David Harding Wetmore by Brittany D. Parling. Certificate of Service: 10/20/2020. [20-2031] (BDP) [Entered: 10/20/2020 03:42 PM] |
| Filing 4 EMERGENCY MOTION filed by Ms. Maris J. Liss for Michael Medina Portillo for a stay of removal (10-22-2020). Certificate of Service: 10/20/2020. [20-2031]--[Edited 10/20/2020 by PJE] (MJL) [Entered: 10/20/2020 12:27 AM] |
| Filing 3 APPEARANCE filed for Appellant Michael Medina Portillo by Maris J. Liss. Certificate of Service: 10/19/2020. [20-2031] (MJL) [Entered: 10/19/2020 06:58 PM] |
| Filing 2 The case manager for this case is: Mr. Roy G. Ford (513) 564-7016 (RGF) [Entered: 10/19/2020 04:56 PM] |
| Filing 1 Prisoner Case Docketed with CAP unnecessary. Notice filed by Appellant Michael Medina Portillo. Transcript needed: n. (RGF) [Entered: 10/19/2020 04:51 PM] |
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| Respondent / appellee: TONY H. PHAM, Acting Director U.S. Immigration and Customs Enforcement | |
| Represented By: | Brittany D. Parling |
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| Respondent / appellee: DAVID HARDING WETMORE, Chief Appellate Immigration Judge of the Board of Immigration Appeals | |
| Represented By: | Brittany D. Parling |
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| Respondent / appellee: KENNETH T. CUCCINELLI, Acting Director of U.S. Citizenship and Immigration Services | |
| Represented By: | Brittany D. Parling |
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| Respondent / appellee: REBECCA ADDUCCI, Field Office Director ICE ERO Detroit | |
| Represented By: | Brittany D. Parling |
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| Respondent / appellee: DANIEL RENAUD, Associate Director of Field Operations Directorate of the U.S. Citizenship and Immigration Services, in his official capacity | |
| Represented By: | Brittany D. Parling |
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| Respondent / appellee: JAMES MCHENRY, Director of Executive Office of Immigration Review (EOIR oversees the Board of Immigration Appeals (BIA) | |
| Represented By: | Brittany D. Parling |
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| Respondent / appellee: CHAD F. WOLF, Acting Secretary, U.S. Departmentof Homeland Security, in his official capacity | |
| Represented By: | Brittany D. Parling |
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| Respondent / appellee: MICHAEL J. KLINGER, Detroit Field Office Director, United Citizenship and Immigration Service | |
| Represented By: | Brittany D. Parling |
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| Respondent / appellee: WILLIAM P. BARR, U.S. Attorney General, in his official capacity | |
| Represented By: | Brittany D. Parling |
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| Petitioner / appellant: MICHAEL MEDINA PORTILLO | |
| Represented By: | Maris J. Liss |
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| Petitioner / appellant: MICHAEL STEVEN MEDINA PORTILLO | |
| Represented By: | Maris J. Liss |
| Represented By: | George P. Mann |
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