Chung Hsiao v. Mark Hazuda, et al
| JEFFERSON B. SESSIONS III, Attorney General, Attorney General of the United States, JEH CHARLES JOHNSON, Secretary, Department of Homeland Security, LORI SCIALABBA, Acting Director, U.S. Citizenship and Immigration Services and MARK J. HAZUDA, Director, Nebraska Service Center, U.S. Citizenship and Immigration Services |
| CHUNG HOU HSIAO |
| 15-55676 |
| May 5, 2015 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 43 Supreme Court Case Info Case number: 17-1150 Filed on: 02/12/2018 Cert Petition Action 1: Denied, 06/25/2018 [10920800] (RR) [Entered: 06/25/2018 01:17 PM] |
| Filing 42 Supreme Court Case Info Case number: 17-1150 Filed on: 02/12/2018 Cert Petition Action 1: Pending [10771024] (RR) [Entered: 02/21/2018 09:59 AM] |
| Filing 41 MANDATE ISSUED.(RRC, MTF and TOR) [10662063] (RL) [Entered: 11/21/2017 08:44 AM] |
| Filing 40 Filed order (RICHARD R. CLIFTON, MICHELLE T. FRIEDLAND and THOMAS O. RICE) The panel voted to deny the petition for rehearing. Judge Friedland has voted to deny the petition for rehearing en banc, and Judges Clifton and Rice so recommend. The full court has been advised of the petition for rehearing en banc and no judge of the court has requested a vote on whether to rehear the matter en banc. Fed. R. App. P. 35. The petition for rehearing and petition for rehearing en banc are DENIED. [10650770] (WL) [Entered: 11/13/2017 10:00 AM] |
| Filing 39 Filed (ECF) Appellant Chung Hou Hsiao petition for panel rehearing and petition for rehearing en banc (from 09/01/2017 opinion). Date of service: 10/16/2017. [10619211] [15-55676] (Bratton, Scott) [Entered: 10/16/2017 02:45 PM] |
| Filing 38 FILED OPINION (RICHARD R. CLIFTON, MICHELLE T. FRIEDLAND and THOMAS O. RICE) AFFIRMED. Judge: RRC Authoring, FILED AND ENTERED JUDGMENT. [10566583] (RMM) [Entered: 09/01/2017 08:11 AM] |
| Filing 37 Filed Audio recording of oral argument. Note: Video recordings of public argument calendars are available on the Court's website, at # http://www.ca9.uscourts.gov/media/ [10431079] (DJW) [Entered: 05/11/2017 12:43 PM] |
| Filing 36 ARGUED AND SUBMITTED TO RICHARD R. CLIFTON, MICHELLE T. FRIEDLAND and THOMAS O. RICE. [10428969] (DJW) [Entered: 05/10/2017 11:08 AM] |
| Filing 35 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Glenn Matthew Girdharry for Appellees Mark J. Hazuda, Jeh Charles Johnson, Lori Scialabba and Jefferson B. Sessions, III. [10337118] [15-55676] (Girdharry, Glenn) [Entered: 02/28/2017 04:00 PM] |
| Filing 34 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Scott Eric Bratton for Appellant Chung Hou Hsiao. [10336761] [15-55676] (Bratton, Scott) [Entered: 02/28/2017 02:32 PM] |
| Filing 33 Notice of Oral Argument on Wednesday, May 10, 2017 - 09:00 A.M. - Courtroom 2 - Pasadena CA. View the Oral Argument Calendar for your case # here . Be sure to review the # GUIDELINES for important information about your hearing, including when to arrive (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). When you have reviewed the calendar, download the # ACKNOWLEDGMENT OF HEARING NOTICE form , complete the form, and file it via Appellate ECF or return the completed form to: PASADENA Office. [10336389] (DJW) [Entered: 02/28/2017 12:38 PM] |
| Filing 32 Dana J. Boente substituted by Jefferson B. Sessions III effective 02/09/2017. [Created 02/09/2017 by AUTOUPD][10310951] (CD) [Entered: 02/09/2017 03:07 PM] |
| Filing 31 Filed (ECF) Appellant Chung Hou Hsiao Correspondence: Regarding availability for oral argument. Date of service: 01/27/2017 [10288196] [15-55676] (Bratton, Scott) [Entered: 01/27/2017 02:18 PM] |
| Filing 29 Attorney Margaret W. Wong substituted by Attorney Scott Eric Bratton. [10282497] (RL) [Entered: 01/27/2017 09:06 AM] |
| Filing 28 Filed (ECF) notice of appearance of Scott E. Bratton for Appellant Chung Hou Hsiao. Date of service: 01/27/2017. [10282419] [15-55676] (Bratton, Scott) [Entered: 01/27/2017 08:16 AM] |
| Filing 27 This case is being considered for the May 2017 Pasadena oral argument calendar. The exact date of your oral argument has not been determined at this time. The following is a link to the upcoming court sessions: # http://cdn.ca9.uscourts.gov/datastore/uploads/calendar/sitdates_2017.pdf . Please review these upcoming dates immediately to determine if you have any conflicts with them. If you do have conflicts, please inform the Court within 3 days of this notice by sending a letter to the Court using CM/ECF ( Type of Document : File Correspondence to Court; Subject : regarding availability for oral argument). The Court discourages motions to continue after this 3-day period. The clerk's office takes conflict dates into consideration in scheduling oral arguments but cannot guarantee that every request will be honored. Your case will be assigned to a calendar approximately 10 weeks before the scheduled oral argument date. Note that your case will be set for hearing in due course if it is not assigned to this calendar. In addition, if parties would like to discuss settlement before argument is scheduled, they should jointly request a referral to the mediation unit. Such a referral will postpone the calendaring of oral argument. All such requests must be made within 3 days of this notice by sending a letter to the Court using CM/ECF (Type of Document: File Correspondence to Court; Subject: request for mediation). Once the case is calendared, it is unlikely that the court will postpone argument for settlement discussions.[10282161] (AW) [Entered: 01/26/2017 05:01 PM] |
| Filing 30 Loretta E. Lynch substituted by Sally Q. Yates effective 01/20/2017. [Created 01/27/2017 by AUTOUPD][10284649] (CD) [Entered: 01/27/2017 12:19 PM] |
| Filing 26 Received 7 paper copies of Reply brief [ # 24 ] filed by Chung Hou Hsiao. [9851625] (SD) [Entered: 02/02/2016 03:47 PM] |
| Filing 25 Filed clerk order: The reply brief [ # 24 ] submitted by Chung Hou Hsiao is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: gray. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [9843112] (GV) [Entered: 01/27/2016 02:29 PM] |
| Filing 24 Submitted (ECF) Reply Brief for review. Submitted by Appellant Chung Hou Hsiao. Date of service: 01/27/2016. [9842778] [15-55676] (Wong, Margaret) [Entered: 01/27/2016 01:03 PM] |
| Filing 23 Received 7 paper copies of Answering brief [ # 21 ] filed by Mark J. Hazuda, et al. [9829374] (SD) [Entered: 01/15/2016 01:52 PM] |
| Filing 22 Filed clerk order: The answering brief [ # 21 ] submitted by Mark J. Hazuda, Jeh Johnson, Loretta E. Lynch and Lori Scialabba is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: red. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [9827600] (GV) [Entered: 01/14/2016 12:17 PM] |
| Filing 21 Submitted (ECF) Answering Brief for review. Submitted by Appellees Mark J. Hazuda, Jeh Johnson, Loretta E. Lynch and Lori Scialabba. Date of service: 01/13/2016. [9826077] [15-55676] (Perez, Elianis) [Entered: 01/13/2016 01:05 PM] |
| Filing 20 Filed Appellant Chung Hou Hsiao paper copies of excerpts of record [ # 12 ] in 3 volume(s). Volumes 2 and 3 UNDER SEAL. [9794112] (GV) [Entered: 12/15/2015 06:10 PM] |
| Filing 19 Received 7 paper copies of Opening brief [ # 11 ] filed by Chung Hou Hsiao. [9792615] (SD) [Entered: 12/15/2015 10:28 AM] |
| Filing 18 Streamlined request [17] by Appellees Mark J. Hazuda, Jeh Johnson, Loretta E. Lynch and Lori Scialabba to extend time to file the brief is approved. Amended briefing schedule: Appellees Mark J. Hazuda, Jeh Johnson, Loretta E. Lynch, Attorney General and Lori Scialabba answering brief due 01/13/2016. The optional reply brief is due 14 days from the date of service of the answering brief. [9781048] (GS) [Entered: 12/04/2015 05:20 PM] |
| Filing 17 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees Jeh Johnson, Loretta E. Lynch, Lori Scialabba and Mark J. Hazuda. New requested due date is 01/13/2016. [9779493] [15-55676] (Perez, Elianis) [Entered: 12/04/2015 07:59 AM] |
| Filing 16 Filed order (Appellate Commissioner): Appellants motion to allow appellant to file Excerpts of Record, Volumes 2 and 3 under seal is granted. Volumes 2 and 3 of the excerpts of record shall be filed and maintained under seal. See 9th Cir. R. 27-13. The answering brief remains due December 14, 2015. (Pro Mo) [9776405] (MS) [Entered: 12/02/2015 09:33 AM] |
| Filing 15 Filed Appellant Chung Hou Hsiao motion to file motion to allow appellant to file excerpts of record volumes 2 and 3 UNDER SEAL; served on 11/12/15. Deficiencies: None. [9771300] (GV) [Entered: 11/25/2015 02:25 PM] |
| Filing 14 Filed clerk order: The opening brief [ # 11 ] submitted by Chung Hou Hsiao is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: blue. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. The Court has reviewed the excerpts of record [ # 12 ] submitted by Chung Hou Hsiao. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [9768287] (GV) [Entered: 11/24/2015 08:58 AM] |
| Filing 13 Received Appellant Chung Hou Hsiao foour paper copies of excerpts volumes 2 and 3. Deficiencies: excerpts not submitted via ECF. Notified counsel (See attached notice). [9761631] (GV) [Entered: 11/18/2015 05:25 PM] |
| Filing 12 Submitted (ECF) excerpts of record. Submitted by Appellant Chung Hou Hsiao. Date of service: 11/12/2015. [9753578] [15-55676] (Wong, Margaret) [Entered: 11/12/2015 01:58 PM] |
| Filing 11 Submitted (ECF) Opening Brief for review. Submitted by Appellant Chung Hou Hsiao. Date of service: 11/12/2015. [9753573] [15-55676] (Wong, Margaret) [Entered: 11/12/2015 01:56 PM] |
| Filing 10 Streamlined request [9] by Appellant Chung Hou Hsiao to extend time to file the brief is approved. Amended briefing schedule: Appellant Chung Hou Hsiao opening brief due 11/12/2015. Appellees Mark J. Hazuda, Jeh Johnson, Loretta E. Lynch, Attorney General and Lori Scialabba answering brief due 12/14/2015. The optional reply brief is due 14 days from the date of service of the answering brief. [9716879] (GS) [Entered: 10/13/2015 04:25 PM] |
| Filing 9 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Chung Hou Hsiao. New requested due date is 11/12/2015. [9714866] [15-55676] (Wong, Margaret) [Entered: 10/13/2015 05:16 AM] |
| Filing 8 Added attorney Elianis N. Perez for Mark J. Hazuda Jeh Johnson Lori Scialabba Loretta E. Lynch. [9704940] (RL) [Entered: 10/02/2015 08:58 AM] |
| Filing 7 Filed (ECF) notice of appearance of Elianis N. Perez for Appellees Mark J. Hazuda, Jeh Johnson, Loretta E. Lynch and Lori Scialabba. Date of service: 10/02/2015. [9704851] [15-55676] (Perez, Elianis) [Entered: 10/02/2015 08:24 AM] |
| Filing 6 Filed Mediation order: This case is NOT SELECTED for inclusion in the Mediation Program. Counsel may contact circuit mediator to discuss services available through the court's mediation program, to request a settlement assessment conf, or to request a stay of the appeal for settlement purposes. Also, upon agreement of the parties, the brfing sch can be modified or vacated to facilitate settlement discussions. Csl are requested to send copies of this order to their clients. Info regarding the mediation program may be found at www.ca9.uscourts.gov/mediation. [9536241] (VS) [Entered: 05/13/2015 01:49 PM] |
| Filing 5 Filed (ECF) Appellant Chung Hou Hsiao Mediation Questionnaire. Date of service: 05/12/2015. [9533764] [15-55676] (Wong, Margaret) [Entered: 05/12/2015 10:57 AM] |
| Filing 4 Added attorney Glenn Matthew Girdharry for Mark J. Hazuda Jeh Johnson Lori Scialabba Loretta E. Lynch. [9532223] (RL) [Entered: 05/11/2015 01:44 PM] |
| Filing 3 Filed (ECF) notice of appearance of Glenn Matthew Girdharry for Appellees Mark J. Hazuda, Jeh Johnson, Loretta E. Lynch and Lori Scialabba. Date of service: 05/11/2015. [9531958] [15-55676] (Girdharry, Glenn) [Entered: 05/11/2015 11:43 AM] |
| Filing 2 Filed Appellant Chung Hou Hsiao's Representation Statement. Served on 05/04/2015. [9525254] (JN) [Entered: 05/05/2015 10:52 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 05/12/2015. Transcript ordered by 06/03/2015. Transcript due 09/01/2015. Appellant Chung Hou Hsiao opening brief due 10/13/2015. Appellees Mark J. Hazuda, Jeh Johnson, Loretta E. Lynch, Attorney General and Lori Scialabba answering brief due 11/12/2015. Appellant's optional reply brief is due 14 days after service of the answering brief. [9525240] (JN) [Entered: 05/05/2015 10:49 AM] |
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| Defendant / appellee: JEFFERSON B. SESSIONS III, Attorney General, Attorney General of the United States | |
| Represented By: | Elianis N. Perez |
| Represented By: | Glenn Matthew Girdharry |
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| Defendant / appellee: JEH CHARLES JOHNSON, Secretary, Department of Homeland Security | |
| Represented By: | Elianis N. Perez |
| Represented By: | Glenn Matthew Girdharry |
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| Defendant / appellee: LORI SCIALABBA, Acting Director, U.S. Citizenship and Immigration Services | |
| Represented By: | Elianis N. Perez |
| Represented By: | Glenn Matthew Girdharry |
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| Defendant / appellee: MARK J. HAZUDA, Director, Nebraska Service Center, U.S. Citizenship and Immigration Services | |
| Represented By: | Elianis N. Perez |
| Represented By: | Glenn Matthew Girdharry |
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| Plaintiff / appellant: CHUNG HOU HSIAO | |
| Represented By: | Scott Eric Bratton |
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