Carlos Rodriguez-Olivera v. Gregory Archambeault
| GREGORY ARCHAMBEAULT, Field Office Director, Dept. of Homeland Security, Immigration and Custom Enforcement |
| CARLOS RODRIGUEZ-OLIVERA |
| 19-56151 |
| September 30, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 5 Filed (ECF) Appellant Carlos Rodriguez-Olivera response to Court Order dated 10/23/2019. Date of service: 11/07/2019. [11492736] [19-56151]--[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 11/08/2019 by SLM] (Bakeman, Willard) [Entered: 11/07/2019 01:30 PM] |
| Filing 4 Filed order (WILLIAM A. FLETCHER and JOHNNIE B. RAWLINSON) The emergency motion to return petitioner to the United States (Docket Entry No. [ # 2 ]) is denied. The nature of this action and the basis for this courts jurisdiction to review the district courts order or the agencys orders is unclear. We note that petitioner did not seek review of the immigration judges June 13, 2019 decision at the Board of Immigration Appeals (BIA). See 8 U.S.C. 1252(d)(1); Sola v. Holder, 720 F.3d 1134, 1135-36 (9th Cir. 2013) (court generally lacks jurisdiction to consider unexhausted claims that could have been corrected by the BIA). In addition, it appears that the immigration judge denied petitioners motion to reopen on July 19, 2019 and petitioner did not seek review of that decision at the BIA. Within 21 days after the filing date of this order, petitioner shall file a statement explaining the nature of the relief sought and the basis for this courts jurisdiction over this action. Respondent may file a response within 10 days after service of petitioners statement, and petitioner may file a reply within 7 days after service of any response. The motion for extension of time (Docket Entry No. [ # 3 ]) is denied as moot. Briefing is suspended pending resolution of this order. [11474514] (OC) [Entered: 10/23/2019 11:18 AM] |
| Filing 3 Filed (ECF) Appellant Carlos Rodriguez-Olivera Motion to extend time to file Opening brief until 01/13/2020. Date of service: 10/04/2019. [11455188] [19-56151] --[COURT UPDATE: Updated docket text to reflect content of filing. 10/4/2019 by TYL] (Bakeman, Willard) [Entered: 10/04/2019 04:18 PM] |
| Filing 2 Filed Appellant Carlos Rodriguez-Olivera EMERGENCY motion to stay removal pursuant to General Order 6.4(c). Deficiencies: None. Served on 07/03/2019. [11448974] (HC) [Entered: 09/30/2019 03:05 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: No. The schedule is set as follows: Appellant Carlos Rodriguez-Olivera opening brief due 11/12/2019. Appellee Gregory Archambeault answering brief due 12/12/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. (Transferred from USDC-Los Angeles per 9/30/19 Order) [11448968] (HC) [Entered: 09/30/2019 03:01 PM] |
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| Respondent / appellee: GREGORY ARCHAMBEAULT, Field Office Director, Dept. of Homeland Security, Immigration and Custom Enforcement | |
| Represented By: | Samuel William Bettwy |
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| Petitioner / appellant: CARLOS RODRIGUEZ-OLIVERA | |
| Represented By: | Willard Patrick Bakeman III |
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