Jose Elias-Ruiz v. William Barr
| JOSE ELIAS-RUIZ |
| WILLIAM P. BARR, Attorney General |
| 19-70817 |
| April 4, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 11 Filed clerk order (Deputy Clerk: NA): The government has filed a statement of non-opposition to the motions to stay removal pending review. Pursuant to Ninth Circuit General Order 6.4(c), the temporary stay of removal continues in effect until issuance of the mandate or further order of the court. The consolidated opening brief remains due July 8, 2019; the consolidated answering brief remains due September 4, 2019; and the consolidated optional reply brief is due within 21 days after service of the answering brief. [11305232] [19-70799, 19-70817] (AF) [Entered: 05/22/2019 08:43 AM] |
| Filing 10 Filed (ECF) Respondent William P. Barr in 19-70817, 19-70799 response non-opposing motion ([ # 11251042-2 ] For Stay Removal Motion, [ # 1 ] For Stay Removal Motion). Date of service: 05/20/2019. [11302681] [19-70817, 19-70799] (Smith, Holly) [Entered: 05/20/2019 11:24 AM] |
| Filing 9 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 10 ]. Original Text: Filed (ECF) Respondent William P. Barr response non-opposing motion ([ # 1 ] For Stay Removal Motion). Date of service: 05/20/2019. [11302607] [19-70817] (Smith, Holly) [Entered: 05/20/2019 11:01 AM] |
| Filing 8 Filed clerk order (Deputy Clerk: ATR): Petitions for review Nos. 19-70799 and 19-70817 are consolidated. The certified administrative records have been filed. Responses to the motions for stay of removal in each case are due May 28, 2019. The consolidated opening brief is due July 8, 2019. The consolidated answering brief is due September 4, 2019. The optional consolidated reply brief is due 21 days from service of the answering brief. [11299636] [19-70799, 19-70817] (JMR) [Entered: 05/16/2019 09:21 AM] |
| Filing 7 Filed (ECF) Certified Administrative Record by Executive Office of Immigration Review. [11275294] [19-70817] (Executive Office Of Immigration Review, DOJ) [Entered: 04/24/2019 11:36 AM] |
| Filing 6 Added attorney Holly Smith for William P. Barr, in case 19-70817. [11256739] (RR) [Entered: 04/08/2019 03:55 PM] |
| Filing 5 Filed (ECF) notice of appearance of Holly M. Smith for Respondent William P. Barr. Date of service: 04/08/2019. (Party previously proceeding without counsel: No) [11255325] [19-70817] (Smith, Holly) [Entered: 04/08/2019 06:41 AM] |
| Filing 4 Filed clerk order (Deputy Clerk: ATR): The court received petitioners response (Docket Entry No. [ # 2 ] in No. 19-70817). The April 5, 2019 order (Docket Entry No. [ # 2 ] in No. 19-70817) is vacated. These petitions for review are clarified as follows: Petition No. 19-70799 seeks review of the Board of Immigration Appeals (BIA) decision on petitioners motion to reopen. Petition No. 19-70817 seeks review of the BIAs decision on his applications for withholding of removal under 8 USC 1231(b)(3) and withholding of removal under Article III of the United Nations Convention Against Torture (CAT). The Clerk will substitute the petition for review of the BIA decision on petitioners withholding of removal and CAT applications, the attached order from the BIA, and the associated motion for a stay of removal (submitted at Docket Entry No. [ # 3 ] in No. 19-70817), for the materials included in Docket Entry No. [ # 1 ] in No. 19-70817. The filing fee has been paid for both petitions and the previously established time schedule for each petition remains in place. [11255081] [19-70799, 19-70817] (AF) [Entered: 04/05/2019 04:28 PM] |
| Filing 3 Filed (ECF) Petitioner Jose Elias-Ruiz response to Court order dated 04/05/2019. Date of service: 04/05/2019. [11254567] [19-70817] (Marroquin, Monica) [Entered: 04/05/2019 01:25 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: ATR): Petition No. 19-70799 states that petitioner will be filing a petition for review of a separate order issued by the Board of Immigration Appeals, but the later-filed petition No. 19-70817 appears to seek review of the same order as petition No. 19-70799. Accordingly, within 21 days after the date of this order, petitioner shall file a response clarifying the order that Petition No. 19-70817 asks this court to review. Alternatively, petitioner may file a motion to voluntarily dismiss one of the petitions if they are duplicative. If petitioner does not respond to this order, petition No. 19-70817 may be dismissed. See 9th Cir. R. 42-1. The previously established briefing schedules continue to apply to these petitions. [11254195] [19-70799, 19-70817] (WL) [Entered: 04/05/2019 10:36 AM] |
| Filing 1 FILED BIA Petition for Review and Motion for Stay. COUNSELED. Pursuant to G.O. 6.4(c) A TEMPORARY STAY OF REMOVAL IS IN EFFECT pending further order. Petitioner detained? NO. Certified Administrative Record due 05/07/2019. Response to motion for stay due 05/28/2019 for William P. Barr, Attorney General. Petitioner opening brief due 07/08/2019 for Jose Elias-Ruiz. Respondent brief due 09/04/2019 for William P. Barr, Attorney General. Optional reply brief is due 21 days from service of respondent brief. [11253280][COURT UPDATE: Correct Petition for Review Attached, resent NDA,--[Edited 04/05/2019 by BY] (BY) [Entered: 04/04/2019 02:12 PM] |
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| Petitioner: JOSE ELIAS-RUIZ | |
| Represented By: | Monica V. Marroquin |
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| Respondent: WILLIAM P. BARR, Attorney General | |
| Represented By: | Chief Counsel ICE |
| Represented By: | OIL |
| Represented By: | Holly Smith |
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