Trung Nguen v. Eric H. Holder Jr.
| TRUNG KHAC NGUEN |
| ERIC H. HOLDER, Jr., Attorney General |
| 08-72108 |
| May 19, 2008 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 33 MANDATE ISSUED. (WCC, FFF and MDS) [7738175] [08-72108, 09-71545] (RR) [Entered: 05/03/2011 12:20 PM] |
| Filing 32 FILED MEMORANDUM (WILLIAM C. CANBY, FERDINAND F. FERNANDEZ and MILAN D. SMITH, JR.) In No. 08-72108: PETITION FOR REVIEW GRANTED;REMANDED.In No. 09-71545: PETITION FOR REVIEW DISMISSED. FILED AND ENTERED JUDGMENT. [7672408] [08-72108, 09-71545] (LR) [Entered: 03/08/2011 10:56 AM] |
| Filing 31 Received 7 paper copies of Answering brief [ # 29 ] filed by Eric H. Holder, Jr. One copy to Case Files, the remainder to Records. [7384946] [08-72108, 09-71545] (SD) [Entered: 06/25/2010 11:19 AM] |
| Filing 30 Filed clerk order: The answering brief [ # 29 ] submitted by Eric H. Holder, Jr. in 08-72108 is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a red cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7379532] [08-72108, 09-71545] (WWP) [Entered: 06/21/2010 02:53 PM] |
| Filing 29 Submitted (ECF) Answering brief for review. Submitted by Respondent Eric H. Holder, Jr. in 08-72108, 09-71545. Date of service: 06/21/2010. [7379348] [08-72108, 09-71545] (Nickerson, Theo) [Entered: 06/21/2010 02:02 PM] |
| Filing 28 Filed clerk order (Deputy Clerk:CAG): The respondents motion for a second extension of time in which to file the consolidated answering brief is granted. The answering brief is due June 21, 2010. The consolidated optional reply brief is due within 14 days after service of the answering brief. [7322014] [08-72108, 09-71545] (SC) [Entered: 05/03/2010 10:09 AM] |
| Filing 27 Filed (ECF) Respondent Eric H. Holder, Jr. Motion to extend time to file Answering brief until 06/21/2010. Date of service: 04/29/2010. [7319531]--[COURT UPDATE: Spread docket text to consolidated case, 09-71545. 04/29/2010 by RY] (Nickerson, Theo) [Entered: 04/29/2010 02:43 PM] |
| Filing 26 Filed clerk order (Deputy Clerk:CAG): The respondents motion for an extension of time in which to file the answering brief is granted. The answering brief is due May 6, 2010. The optional reply brief is due 14 days after service of the answering brief. [7245513] [08-72108, 09-71545] (AF) [Entered: 02/26/2010 09:28 AM] |
| Filing 25 Filed (ECF) Respondent Eric H. Holder, Jr. in 09-71545, 08-72108 Motion to extend time to file Answering brief until 05/06/2010. Date of service: 02/24/2010. [7242892] [09-71545, 08-72108] (Nickerson, Theo) [Entered: 02/24/2010 12:51 PM] |
| Filing 24 Attorney Brianne Whelan Cohen substituted by Attorney Theo Nickerson [7242810] [09-71545, 08-72108] (JFF) [Entered: 02/24/2010 11:58 AM] |
| Filing 23 Filed (ECF) notice of appearance of Ms. Theo Nickerson, Esq. for Respondent Eric H. Holder, Jr. in 09-71545, 08-72108. Date of service: 02/24/2010. [7242791] [09-71545, 08-72108] (Nickerson, Theo) [Entered: 02/24/2010 11:50 AM] |
| Filing 22 Received 7 paper copies of Opening brief [ # 20 ] filed by Trung Khac Nguen in 08-72108, Trung Khac Nguyen in 09-71545. One copy to Case Files, the remainder to Records. [7216417] [08-72108, 09-71545] (YA) [Entered: 02/02/2010 10:44 AM] |
| Filing 21 ENTRY UPDATED. Filed clerk order: The opening brief [ # 20 ] submitted by Trung Khac Nguen is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a blue cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7205814] [08-72108, 09-71545]-- [7205814] [08-72108, 09-71545] (WWP) [Entered: 01/25/2010 08:57 AM] |
| Filing 20 Submitted (ECF) Opening brief for review. Submitted by Petitioner Trung Khac Nguen in 08-72108, Petitioner Trung Khac Nguyen in 09-71545. Date of service: 01/19/2010. [7199636] [08-72108, 09-71545]--[COURT UPDATE: Replaced document with corrected version. 01/22/2010 by MA] (Vo, Mercedes) [Entered: 01/19/2010 09:53 PM] |
| Filing 19 Filed (ECF) Petitioner Trung Khac Nguen in 08-72108, Petitioner Trung Khac Nguyen in 09-71545 status report (as required by Court order dated 09/30/2009). Date of service: 11/25/2009 [7143500] [08-72108, 09-71545] (Vo, Mercedes) [Entered: 11/25/2009 12:41 PM] |
| Filing 18 Filed (ECF) Petitioner Trung Khac Nguen in 08-72108, Petitioner Trung Khac Nguyen in 09-71545 status report (as required by Court order dated 09/30/2009). Date of service: 11/25/2009 [7143429] [08-72108, 09-71545] (Vo, Mercedes) [Entered: 11/25/2009 12:00 PM] |
| Filing 17 Filed amended clerk order (Deputy Clerk:AMT): This order amends the September 30, 2009 order of the court. Petitioners motion for a 90-day extension of time to file the opening brief is granted. The consolidated opening brief is due January 19, 2010. The consolidated answering brief is due March 22, 2010; and the consolidated optional reply brief is due within 14 days after service of the answering brief. [7093173] [08-72108, 09-71545] (AF) [Entered: 10/13/2009 03:04 PM] |
| Filing 16 Filed clerk order (Deputy Clerk:AMT): Petitioners motion for a 90-day extension of time to file the opening brief is granted. The opening brief is due December 18, 2009. Petitioner is reminded that all motions filed in petitions for review of a Board of Immigration Appeals order should provide the petitioners detention status. See 9th Cir. R. 27-8.2. The answering brief is due February 16, 2010; and the optional reply brief is due within 14 days after service of the answering brief. [7079079] [08-72108, 09-71545] (AF) [Entered: 09/30/2009 09:01 AM] |
| Filing 15 Filed (ECF) Petitioner Trung Khac Nguen in 08-72108, Petitioner Trung Khac Nguyen in 09-71545 Motion to extend time to file Opening brief until 10/06/2009 at 05:00 pm. Date of service: 09/29/2009. [7078195] [08-72108, 09-71545] (Vo, Mercedes) [Entered: 09/29/2009 01:02 PM] |
| Filing 14 Filed order MOATT: (NAMG) Petitioners motion to consolidate petition for review No. 08-72108 and petition for review No. 09-71545 is granted. On August 11, 2008, respondent filed a statement of non-opposition to petitioners motion for stay of removal pending review in petition No. 08-72108. On August 15, 2008, this court issued an order in petition No. 08-72108 confirming that, pursuant to Ninth Circuit General Order 6.4(c), petitioners removal is stayed until issuance of the mandate or further order of the court. Accordingly, the motion for stay of removal filed in petition No. 09-71545 is denied as unnecessary. The certified administrative record has been filed in petition No. 08-72108. The certified administrative record for petition No. 09-71545 remains due on July 16, 2009. The consolidated opening brief is due October 19, 2009; the consolidated answering brief is due December 18, 2009; and the optional reply brief is due within 14 days after service of the answering brief. [08-72108, 09-71545] (WL) [Entered: 06/04/2009 11:37 AM] |
| Filing 13 Filed order (Appellate Commissioner) The petitioners motion to reinstate is granted. This petition for review is reinstated. The previously granted stay of removal is restored. The opening brief is due June 9, 2009. The answering brief is due August 10, 2009, and the optional reply brief is due 14 days after service of the answering brief. The petitioner's failure to timely file the opening brief will result in the dismissal of this case without further notice pursuant to Ninth Circuit Rule 42-1. (Pro Mo) (MS) [Entered: 03/24/2009 03:41 PM] |
| Filing 12 Filed (ECF) Petitioner Trung Khac Nguen Motion to supplement or amend Civil Appeals Docketing Statement. Date of service: 03/09/2009. [6838047] (Vo, Mercedes) [Entered: 03/09/2009 01:40 PM] |
| Filing 11 Filed (ECF) Petitioner Trung Khac Nguen Motion to reinstate case, Motion to extend time to file Opening brief until 06/09/2009 at 05:00 pm. Date of service: 03/09/2009. [6837986] (Vo, Mercedes) [Entered: 03/09/2009 01:20 PM] |
Filing 10
Order filed (Deputy Clerk: JJF) Dismissing case for failure to prosecute (Cir. Rule 42-1) Pursuant to Ninth Rule 42-1, this petition is dismissed for failure to file opening brief. This order served on the agency shall, 21 days after the date of the order, become the mandate of this court. (JJF) [Entered: 03/04/2009 10:45 AM]
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| Filing 9 Filed clerk order (Deputy Clerk:CAG ): The petitioner's motion to stay proceedings in this petition for review is granted. This case is stayed until February 11, 2009. On or before the expiration of the stay, the petitioner shall file the opening brief or file a status report and an appropriate motion. If the petitioner files the opening brief, the answering brief shall be due April 13, 2009, and the reply brief shall be due 14 days after service of the answering brief. The filing of the opening brief or failure to file a status report shall terminate the stay. (AF) [Entered: 11/03/2008 04:43 PM] |
| Filing 8 Filed Petitioner Trung Khac Nguen's motion to hold proceedings in abeyance motion to grant additional time to file petitioner's opening brief. Served on 10/29/2008. (EL) [Entered: 10/31/2008 03:52 PM] |
| Filing 7 Filed clerk order (Deputy Clerk:CAG ): The respondent's motion to stay proceedings in this petition for review is denied without prejudice to a renewed motion at a time closer to the due date for the opening brief. The current briefing schedule continues to govern this case. (AF) [Entered: 08/25/2008 10:46 AM] |
| Filing 6 Filed Respondent Michael B. Mukasey motion to hold proceedings in abeyance. Served on 08/20/2008. (EL) [Entered: 08/21/2008 01:30 PM] |
| Filing 5 Filed clerk order (Deputy Clerk:KD ): Continues temporary stay of removal pursuant to G.O. 6.4 (c). Petitioner opening brief due 11/13/2008 for Trung Khac Nguen. Respondent brief due 01/12/2009 for Michael B. Mukasey, Attorney General. Petitioner's optional reply brief is due 14 days from service of the answering brief. (KD) [Entered: 08/15/2008 09:32 AM] |
| Filing 4 Filed Respondent Michael B. Mukasey's email non-opposition to petitioner's motion for a stay of removal. Served on 08/11/2008. (EL) [Entered: 08/14/2008 08:42 AM] |
| Filing 3 Electronic Certified Administrative Record Filed. Number of Disks (CD-ROMs or DVDs): 1. (KS) [Entered: 07/16/2008 12:40 PM] |
| Filing 2 Received appearance notice of Attorney(s) Brianne Whelan Cohen & Carol Federighi for party Respondent Michael B. Mukasey, in case 08-72108. Served on 05/28/2008. (Turcios, Margoth) [Entered: 05/28/2008 04:33 PM] |
| Filing 1 FILED BIA PETITION FOR REVIEW AND MOTION FOR STAY. DOCKETED CAUSE AND ENTERED APPEARANCE OF COUNSEL. Pursuant to G.O. 6.4 (c)(1)(3) A TEMPORARY STAY OF REMOVAL IS IN EFFECT pending further order. Petitioner detained: No. The schedule is set as follows: Certified Administrative Record due 07/14/2008. Response to motion for stay due 08/11/2008 for Michael B. Mukasey, Attorney General. (WF) [Entered: 05/19/2008 04:31 PM] |
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| Petitioner: TRUNG KHAC NGUEN | |
| Represented By: | Mercedes Diem Vo |
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| Respondent: ERIC H. HOLDER, Jr., Attorney General | |
| Represented By: | Oil |
| Represented By: | Carol Federighi |
| Represented By: | Chief Counsel ICE |
| Represented By: | Theo Nickerson |
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