Abdul Based v. William Barr, et al
| DONALD J. TRUMP, CLAIRE M. GRADY, in her official capacity as Assistant Secretary of Homeland Security, JEAN M. KENT, in his official capacity as Las Vegas Field Office Director for U.S. Immigration and Customs Enforcement, ICE/DRO K 2383 QUIHUIS, KEVIN K. MCALEENAN, in his official capacity as Secretary of Homeland Security, U.S. DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT, WILLIAM P. BARR, Attorney General and RONALD D. VITIELLO, Director of the US Immigration & Customs Enforcement |
| ABDUL BASED |
| 19-17251 |
| November 5, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 6 Mail returned on 01/02/2020 addressed to Abdul Based, re: 12/17/2019 Order [ # 5 ]. Returned envelope notes: Return to sender, released 11/27/19; unable to forward. Resending to: LaSALLE DETENTION FACILITY 830 Pine Hill Road Jena, LA 71342. [11549310]--[Edited: address updated. 01/02/2020 by SLM] (JBS) [Entered: 01/02/2020 02:53 PM] |
| Filing 5 Filed order (SIDNEY R. THOMAS, MARSHA S. BERZON and DANIEL A. BRESS) A review of the record and the parties responses to the November 6, 2019 order to show cause demonstrates that this court lacks jurisdiction over this appeal because the order challenged in the appeal is not final or appealable. See 28 U.S.C. 1291; Religious Tech. Ctr. v. Scott, 869 F.2d 1306 (9th Cir. 1989) (denial of temporary restraining order is appealable only if the denial is tantamount to the denial of a preliminary injunction). Consequently, this appeal is dismissed for lack of jurisdiction. DISMISSED. [11535558] (OC) [Entered: 12/17/2019 02:07 PM] |
| Filing 4 Filed (ECF) Appellees William P. Barr, Claire M. Grady, ICE/DRO K 2383 Quihuis, Jean M. Kent, Kevin K. McAleenan, Donald J. Trump, United States Immigration and Customs Enforcement, USDHS and Ronald D. Vitiello reply to response to Court order dated 11/06/2019. Date of service: 11/22/2019. [11509244] [19-17251] (Wenthe, Roger) [Entered: 11/22/2019 02:19 PM] |
| Filing 3 Filed Appellant Abdul Based motion electing to show cause why the appeal should not be dismissed for lack of jurisdiction. Served on 11/15/2019. [11505336] (RL) [Entered: 11/20/2019 11:42 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: DA): It appears that the district courts order challenged in this appeal denying appellants amended motion for a temporary restraining order may not be a final appealable order. See 28 U.S.C. 1291, 1292(a); Religious Tech. Ctr. v. Scott, 869 F.2d 1306 (9th Cir. 1989) (denial of temporary restraining order is appealable only if the denial is tantamount to the denial of a preliminary injunction). Within 21 days after the date of this order, appellant shall move for voluntary dismissal of this appeal or show cause why it should not be dismissed for lack of jurisdiction. If appellant elects to show cause, a response may be filed within 10 days after service of the memorandum. If appellant does not comply with this order, the Clerk shall dismiss this appeal pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending further order of the court. [11491439] (CKP) [Entered: 11/06/2019 03:12 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: No. The schedule is set as follows: to be set. Preliminary Injunction Appeal. C.R. 3-3. [11489894] (RT) [Entered: 11/05/2019 02:16 PM] |
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