Ming Dai v. Merrick Garland
| MING DAI |
| WILLIAM P. BARR, Attorney General and MERRICK B. GARLAND, Attorney General |
| 15-70776 |
| March 12, 2015 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 69 MANDATE ISSUED.(SRT, SST and MHM) [12253343] (RL) [Entered: 10/12/2021 09:07 AM] |
| Filing 68 FILED PER CURIAM OPINION (SIDNEY R. THOMAS, STEPHEN S. TROTT and MARY H. MURGUIA) Petition DENIED. FILED AND ENTERED JUDGMENT. [12206746] (AKM) [Entered: 08/20/2021 08:42 AM] |
| Filing 67 Received 6 paper copies of Supplemental Brief [ # 62 ] filed by Merrick B. Garland. (sent to panel) [12189664] (SD) [Entered: 08/02/2021 02:53 PM] |
| Filing 66 Received 6 paper copies of Supplemental Brief [ # 64 ] filed by Ming Dai. (Sent to panel). [12187955]--[Edited 08/02/2021 by CPA] (CPA) [Entered: 07/30/2021 11:45 AM] |
| Filing 65 Filed clerk order: The supplemental brief [ # 64 ] submitted by Ming Dai is filed. Within 7 days of the filing of this order, filer is ordered to file 6 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: tan. The paper copies shall be submitted to the principal office of the Clerk. [12186388] (KWG) [Entered: 07/29/2021 09:38 AM] |
| Filing 64 Submitted (ECF) Supplemental Brief for review. Submitted by Petitioner Ming Dai. Date of service: 07/28/2021. [12186201] [15-70776] (Zimmer, David) [Entered: 07/28/2021 08:08 PM] |
| Filing 63 Filed clerk order: The supplemental brief [ # 62 ] submitted by Merrick B. Garland is filed. Within 7 days of the filing of this order, filer is ordered to file 6 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: tan. The paper copies shall be submitted to the principal office of the Clerk. [12185797] (SML) [Entered: 07/28/2021 02:35 PM] |
| Filing 62 Submitted (ECF) Supplemental Brief for review. Submitted by Respondent Merrick B. Garland. Date of service: 07/28/2021. [12185779] [15-70776] (Carmichael, Aimee) [Entered: 07/28/2021 02:26 PM] |
| Filing 61 Added Attorney(s) Edwina Clarke for party(s) Petitioner Ming Dai, in case 15-70776. [12177054] (RR) [Entered: 07/19/2021 04:49 PM] |
| Filing 60 Filed (ECF) notice of appearance of Edwina Bullard Clarke (Goodwin Procter LLP, 100 Northern Avenue, Boston, MA 02210) for Petitioner Ming Dai. Date of service: 07/19/2021. (Party was previously proceeding with counsel.) [12175601] [15-70776] (Clarke, Edwina) [Entered: 07/19/2021 08:33 AM] |
| Filing 59 Respondent William P. Barr in 15-70776 substituted by Respondent Merrick B. Garland in 15-70776 [12164766] (AF) [Entered: 07/07/2021 09:59 AM] |
| Filing 58 Filed order (SIDNEY R. THOMAS, STEPHEN S. TROTT and MARY H. MURGUIA): On remand of this case from the Supreme Court of the United States, the parties are directed to file supplemental briefs regarding the effect of Garland v. Dai, 2021 WL 2194837 (U.S. 2021), on Mr. Dais petition for review. Each brief shall not exceed 4,200 words and shall be filed within 21 days of the filed date of this order. [12164765] (AF) [Entered: 07/07/2021 09:57 AM] |
| Filing 57 Supreme Court Case Info Case number: 19-1155 Filed on: 03/20/2020 Cert Petition Action 1: Granted, 10/02/2020 Ruling: Vacated/Remanded, 06/01/2021 Judgment Date: 07/06/2021 to remand case to 9th Circuit [12163465] (RR) [Entered: 07/06/2021 12:54 PM] |
| Filing 56 Supreme Court Case Info Case number: 19-1155 Filed on: 03/20/2020 Cert Petition Action 1: Granted, 10/02/2020 Ruling: Vacated/Remanded, 06/01/2021 [12131625] (RL) [Entered: 06/02/2021 02:59 PM] |
| Filing 55 Supreme Court Case Info Case number: 19-1155 Filed on: 03/20/2020 Cert Petition Action 1: Granted, 10/02/2020 [11846025] (RL) [Entered: 10/02/2020 03:26 PM] |
| Filing 54 Supreme Court Case Info Case number: 19-1155 Filed on: 03/20/2020 Cert Petition Action 1: Pending [11638527] (RR) [Entered: 03/23/2020 12:04 PM] |
| Filing 53 Received letter from the Supreme Court dated 02/07/2020. The application for a further extension of time in the above-entitled case has been presented to Justice Kagan, who on February 7, 2020, extended the time to and including March 20, 2020. [11598625] (RR) [Entered: 02/14/2020 04:01 PM] |
| Filing 52 Received letter from the Supreme Court dated 01/10/2020 regarding Application No. 19A781. The application for an extension of time within which to file a petition for a writ of certiorari in the above-entitled case has been presented to Justice Kagan, who on January 10, 2020, extended the time to and including February 19, 2020. (FYI PANEL) [11566868] (RL) [Entered: 01/17/2020 04:33 PM] |
| Filing 51 MANDATE ISSUED.(SRT, SST and MHM) [11482849] (QDL) [Entered: 10/30/2019 10:04 AM] |
Filing 50
Filed Order for PUBLICATION (SIDNEY R. THOMAS, STEPHEN S. TROTT and MARY H. MURGUIA) (Statement Respecting Denial by Judge Trott; Dissent by Judge Callahan; Statement Respecting Denial by Judges OScannlain and Trott; Dissent by Judge Collins) The full court has been advised of the petition for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration. Fed R. App. P. 35. Judge Miller was recused and did not participate in the vote. The petition for rehearing en banc is denied. Attached are dissents from and statements respecting the denial of rehearing en banc. [11472354] (AKM) [Entered: 10/22/2019 08:16 AM]
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| Filing 49 Filed (ECF) Petitioner Ming Dai citation of supplemental authorities. Date of service: 04/11/2019. [11260180] [15-70776] (Zimmer, David) [Entered: 04/11/2019 06:44 AM] |
| Filing 48 Filed (ECF) Respondent William P. Barr citation of supplemental authorities. Date of service: 04/09/2019. [11257964] [15-70776] (Evans, Walter) [Entered: 04/09/2019 01:23 PM] |
| Filing 47 Added attorney Walter Manning Evans for William P. Barr, in case 15-70776. [11257931] (QDL) [Entered: 04/09/2019 01:13 PM] |
| Filing 46 Filed (ECF) notice of appearance of Walter Manning Evans for Respondent William P. Barr. Date of service: 04/09/2019. (Party previously proceeding without counsel: No) [11257893] [15-70776] (Evans, Walter) [Entered: 04/09/2019 12:48 PM] |
| Filing 45 Filed order and amended dissent (SIDNEY R. THOMAS, STEPHEN S. TROTT and MARY H. MURGUIA). The dissent filed March 8, 2018, is amended, with the following amended dissent to be substituted in lieu of the original. The petitions for rehearing and rehearing en banc remain pending, and no further action is required of the parties until further order of the court. [11203692] (RMM) [Entered: 02/22/2019 07:08 AM] |
| Filing 44 Matthew G. Whitaker substituted by William P. Barr effective 02/14/2019. [Created 02/15/2019 by AUTOUPD][11192669] (CD) [Entered: 02/15/2019 01:16 PM] |
| Filing 43 Jefferson B. Sessions, III substituted by Matthew G. Whitaker effective 11/07/2018. [Created 11/07/2018 by AUTOUPD][11076437] (CD) [Entered: 11/07/2018 06:04 PM] |
| Filing 42 Filed (ECF) Petitioner Ming Dai response to Petition for Rehearing En Banc (ECF Filing), Petition for Rehearing En Banc (ECF Filing). Date of service: 08/15/2018. [10977641]. [15-70776] (Zimmer, David) [Entered: 08/15/2018 11:21 AM] |
| Filing 41 Filed order (SIDNEY R. THOMAS, STEPHEN S. TROTT and MARY H. MURGUIA): Petitioners unopposed motion for an extension of time within which to file a response to the Respondents Petition for Rehearing En Banc is GRANTED. The response shall be filed on or before August 15, 2018. [10930746] (AF) [Entered: 07/03/2018 01:06 PM] |
| Filing 40 Filed (ECF) Petitioner Ming Dai Unopposed Motion to extend time to file a response until 08/15/2018. Date of service: 07/02/2018. [10929156] [15-70776] (Zimmer, David) [Entered: 07/02/2018 02:18 PM] |
| Filing 39 Added attorney David J. Zimmer, William M. Jay for Ming Dai, in case 15-70776. [10920764] (NAC) [Entered: 06/25/2018 01:06 PM] |
| Filing 38 Attorney Ron Su in 15-70776 substituted by Attorney David Z. Su in 15-70776 [10920763] (NAC) [Entered: 06/25/2018 01:04 PM] |
| Filing 37 Filed (ECF) notice of appearance of David J. Zimmer for Petitioner Ming Dai. Date of service: 06/25/2018. [10920716] [15-70776] (Zimmer, David) [Entered: 06/25/2018 12:30 PM] |
| Filing 36 Filed (ECF) notice of appearance of William M. Jay for Petitioner Ming Dai. Date of service: 06/25/2018. [10920706] [15-70776] (Jay, William) [Entered: 06/25/2018 12:27 PM] |
| Filing 35 Filed (ECF) notice of appearance of David Z. Su for Petitioner Ming Dai. Date of service: 06/25/2018. [10920567] [15-70776] (Su, David) [Entered: 06/25/2018 11:34 AM] |
| Filing 34 Filed order (SIDNEY R. THOMAS, STEPHEN S. TROTT and MARY H. MURGUIA) Petitioner is directed to file a response to respondents Petition for Rehearing En Banc, filed with this court on June 22, 2018. The response shall not exceed 15 pages or 4,200 words, and shall be filed within 21 days of the filed date of this order. Parties who are registered for Appellate ECF must file the response electronically without submission of paper copies. Parties who are not registered Appellate ECF filers must file the original response. [10920503] (OC) [Entered: 06/25/2018 11:16 AM] |
| Filing 33 Filed (ECF) Respondent Jefferson B. Sessions, III petition for rehearing en banc (from 03/08/2018 opinion). Date of service: 06/22/2018. [10919164] [15-70776] (Carmichael, Aimee) [Entered: 06/22/2018 02:16 PM] |
| Filing 32 Filed order (SIDNEY R. THOMAS, STEPHEN S. TROTT and MARY H. MURGUIA) Respondents motion for an extension of time within which to file a petition for rehearing is GRANTED. The petition shall be filed on or before June 22, 2018. [10876401] (OC) [Entered: 05/17/2018 01:15 PM] |
| Filing 31 Filed (ECF) Respondent Jefferson B. Sessions, III Motion to extend time to file petition for rehearing until 06/22/2018. Date of service: 05/15/2018. [10873610] [15-70776] (Carmichael, Aimee) [Entered: 05/15/2018 04:27 PM] |
| Filing 30 Filed order (SIDNEY R. THOMAS, STEPHEN S. TROTT and MARY H. MURGUIA): Respondents unopposed motion for an extension of time within which to file a petition for rehearing is GRANTED. The petition shall be filed on or before May 23, 2018. [10840238] (AF) [Entered: 04/17/2018 02:52 PM] |
| Filing 29 Filed clerk order (Deputy Clerk: AF): Pursuant to G.O. 3.2.h, Judge Murguia has been drawn as the replacement for Judge Reinhardt. The panel for this case will now consist of: THOMAS, Chief Judge; TROTT and MURGUIA, Circuit Judges. [10834206] (AF) [Entered: 04/12/2018 11:34 AM] |
| Filing 28 Filed (ECF) Respondent Jefferson B. Sessions, III Motion to extend time to file petition for rehearing until 05/23/2018. Date of service: 04/12/2018. [10833703] [15-70776] (Carmichael, Aimee) [Entered: 04/12/2018 08:33 AM] |
| Filing 27 FILED OPINION (SIDNEY R. THOMAS, STEPHEN REINHARDT and STEPHEN S. TROTT) GRANTED; REMANDED. Judge: SR Authoring, Judge: SST Dissenting. FILED AND ENTERED JUDGMENT. [10790555]--[Edited: Replaced PDF of Opinion (typo corrected in dissent for clarification). 03/28/2018 by RY] (RMM) [Entered: 03/08/2018 06:54 AM] |
| Filing 26 SUBMITTED ON THE BRIEFS TO SIDNEY R. THOMAS, STEPHEN REINHARDT and STEPHEN S. TROTT. [10617312] (Learned, Glen) [Entered: 10/13/2017 01:47 PM] |
| Filing 25 Filed clerk order (Deputy Clerk: OC): The Court is of the unanimous opinion that the facts and legal arguments are adequately presented in the briefs and records and the decisional process would not be significantly aided by oral argument. Fed. R. App. P. 34(a)(2). Therefore, this case is ordered submitted without oral argument on Friday, October 13, 2017, in San Francisco, California. [10596289] (OC) [Entered: 09/27/2017 11:51 AM] |
| Filing 24 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Ron Su for Petitioner Ming Dai. [10579732] [15-70776] (Su, Ron) [Entered: 09/13/2017 02:01 PM] |
| Filing 23 Attorney David Z. Su substituted by Attorney Ron Su. [10579683] (RL) [Entered: 09/13/2017 01:49 PM] |
| Filing 22 Filed (ECF) notice of appearance of Ron David Su for Petitioner Ming Dai. Date of service: 09/13/2017. [10579575] [15-70776] (Su, Ron) [Entered: 09/13/2017 01:36 PM] |
| Filing 21 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Ms. Aimee J. Carmichael for Respondent Jefferson B. Sessions, III. [10579362] [15-70776] (Carmichael, Aimee) [Entered: 09/13/2017 12:30 PM] |
| Filing 20 Notice of Oral Argument on Friday, October 13, 2017 - 09:00 A.M. - Courtroom 1 - San Francisco 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: SAN FRANCISCO Office. [10529107] (AKM) [Entered: 08/01/2017 02:06 PM] |
| Filing 19 This case is being considered for the October 2017 San Francisco 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.[10476279] (AW) [Entered: 06/16/2017 09:51 AM] |
| Filing 18 Filed (ECF) Petitioner Ming Dai Correspondence: advising the Court that petitioner intends to proceed with this petition. Date of service: 05/31/2017 [10454245] [15-70776] (Su, David) [Entered: 05/31/2017 01:41 PM] |
| Filing 17 Filed clerk order (Deputy Clerk: AKM): This fully briefed petition for review is ready to be assigned to a merits panel. Due to the delay between completion of briefing and calendaring, counsel is directed to consult with petitioner and notify the court in writing, within 14 days after the date of this order, whether petitioner wishes to proceed with this petition. If petitioner fails to comply with this order, the petition will be dismissed by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. [10450225] (AKM) [Entered: 05/26/2017 11:40 AM] |
| Filing 16 Dana J. Boente substituted by Jefferson B. Sessions III effective 02/09/2017. [Created 02/09/2017 by AUTOUPD][10310777] (CD) [Entered: 02/09/2017 03:03 PM] |
| Filing 15 Sally Q. Yates substituted by Dana J. Boente effective 01/30/2017. [Created 01/31/2017 by AUTOUPD][10293363] (CD) [Entered: 01/31/2017 11:49 AM] |
| Filing 14 Loretta E. Lynch substituted by Sally Q. Yates effective 01/20/2017. [Created 01/27/2017 by AUTOUPD][10284479] (CD) [Entered: 01/27/2017 12:15 PM] |
| Filing 13 Received 8 paper copies of Answering brief [ # 11 ] filed by Loretta E. Lynch. [9753499] (SD) [Entered: 11/12/2015 01:37 PM] |
| Filing 12 Filed clerk order: The answering brief [ # 11 ] submitted by Loretta E. Lynch 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. [9749768] (GV) [Entered: 11/09/2015 03:15 PM] |
| Filing 11 Submitted (ECF) Answering Brief for review. Submitted by Respondent Loretta E. Lynch. Date of service: 11/09/2015. [9749214] [15-70776] (Carmichael, Aimee) [Entered: 11/09/2015 12:26 PM] |
| Filing 10 Received 7 paper copies of Opening brief [ # 8 ] filed by Ming Dai. [9683673] (SD) [Entered: 09/15/2015 02:37 PM] |
| Filing 9 Filed clerk order: The opening brief [ # 8 ] submitted by Ming Dai 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. [9675579] (TLH) [Entered: 09/09/2015 08:06 AM] |
| Filing 8 Submitted (ECF) Opening Brief for review. Submitted by Petitioner Ming Dai. Date of service: 09/08/2015. [9675464] [15-70776] (Su, David) [Entered: 09/08/2015 06:04 PM] |
| Filing 7 Streamlined request [6] by Petitioner Ming Dai to extend time to file the brief is approved. Amended briefing schedule: Petitioner opening brief due 09/08/2015 for Ming Dai. Respondent brief due 11/09/2015 for Loretta E. Lynch, Attorney General. The optional reply brief is due 14 days from the date of service of the answering brief. [9634892] (GS) [Entered: 08/04/2015 05:15 PM] |
| Filing 6 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Petitioner Ming Dai. New requested due date is 09/08/2015. [9634317] [15-70776] (Su, David) [Entered: 08/04/2015 01:56 PM] |
| Filing 5 Eric H. Holder Jr. substituted by Loretta E. Lynch effective 04/27/2015.--[Created 04/27/2015 by AUTOUPD][9515145] (ASW) [Entered: 04/27/2015 02:12 PM] |
| Filing 4 Filed (ECF) Certified Administrative Record by Executive Office of Immigration Review. [9466917] [15-70776] (Executive Office Of Immigration Review, DOJ) [Entered: 03/23/2015 08:56 AM] |
| Filing 3 Added attorney Aimee J. Carmichael for Eric H. Holder Jr.. [9459891] (RL) [Entered: 03/17/2015 09:11 AM] |
| Filing 2 Filed (ECF) notice of appearance of Aimee J. Carmichael for Respondent Eric H. Holder, Jr.. Date of service: 03/17/2015. [9459877] [15-70776] (Carmichael, Aimee) [Entered: 03/17/2015 09:08 AM] |
| Filing 1 FILED BIA PETITION FOR REVIEW. DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. NOTIFIED RESPONDENTS OF FILING. Petitioner detained: No. The schedule is set as follows: Certified Administrative Record due 05/07/2015. Petitioner opening brief due 08/06/2015 for Ming Dai. Respondent brief due 10/08/2015 for Eric H. Holder Jr., Attorney General. Petitioner optional reply brief is due 14 days from service of respondent brief. [9454912] (OC) [Entered: 03/12/2015 11:59 AM] |
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