Lorenzo Hernandez-Cotino v. William Barr
| LORENZO HERNANDEZ-COTINO |
| WILLIAM P. BARR, Attorney General |
| 19-70965 |
| April 22, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 7 Filed order (Deputy Clerk: NA) On April 29, 2019, this court ordered petitioner, within 28 days, to pay the filing fees or move to proceed in forma pauperis, and to file a response explaining why this petition should not be dismissed for lack of jurisdiction. The order warned petitioner that failure to respond may result in dismissal of the petition. To date, petitioner has not filed a response to the courts order. Thus, this petition for review is dismissed for failure to prosecute. See 9th Cir. R. 42-1. This order served on the agency shall, 21 days after the date of the order, become the mandate of this court. Counsel for petitioner shall immediately notify petitioner in writing of this dismissal. [11330331] (JBS) [Entered: 06/13/2019 02:23 PM] |
| Filing 6 Filed (ECF) Certified Administrative Record by Executive Office of Immigration Review. [11294226] [19-70965] (Executive Office Of Immigration Review, DOJ) [Entered: 05/13/2019 07:21 AM] |
| Filing 5 Filed clerk order (Deputy Clerk: ATR): This petition for review may not have been filed within 30 days after the agencys final order of removal, as required by 8 U.S.C. 1252(b)(1). The court does not have jurisdiction to review an untimely petition. See Sheviakov v. INS, 237 F.3d 1144, 1148 (9th Cir. 2001). Therefore, this court may dismiss this petition for lack of jurisdiction. Within 28 days after the date of this order, petitioner shall file a response explaining why this petition should not be dismissed. Respondent may file a reply within 10 days after service of petitioners response. Petitioner also shall either pay the $500 filing fee to this court, or, if petitioner is unable to pay the fee, file a motion to proceed in forma pauperis using the enclosed Form 4 financial affidavit. If petitioner does not respond to this order, this petition may be dismissed. The Certified Administrative Record is due on May 28, 2019. The response to the motion for stay is due June 17, 2019. Petitioners opening brief is due on July 26, 2019. Respondents answering brief is due on September 24, 2019. Optional reply brief is due 21 days from service of respondent brief. The Clerk shall serve a Form 4 financial affidavit on petitioner. [11280245] (JBS) [Entered: 04/29/2019 11:06 AM] |
| Filing 4 Resources Available As you get ready to prepare your opening brief, please consult the Immigration Outline ( # http://www.ca9.uscourts.gov/guides/immigration_outline.php ) prepared by court staff and also consider contacting the court's mentoring program (see Appellate Mentoring Program at # http://www.ca9.uscourts.gov/attorneys/ ) for help with the brief and argument. (Notice sent to counsel for petitioner.) [11272898] (CD) [Entered: 04/22/2019 05:40 PM] |
| Filing 3 Added attorney Todd J. Cochran for William P. Barr. [11272296] (RL) [Entered: 04/22/2019 02:01 PM] |
| Filing 2 Filed (ECF) notice of appearance of Todd J. Cochran for Respondent William P. Barr. Date of service: 04/22/2019. (Party previously proceeding without counsel: No) [11272104] [19-70965] (Cochran, Todd) [Entered: 04/22/2019 12:55 PM] |
| 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 05/28/2019. Response to motion for stay due 06/17/2019 for William P. Barr, Attorney General. Petitioner opening brief due 07/26/2019 for Lorenzo Hernandez-Cotino. Respondent brief due 09/24/2019 for William P. Barr, Attorney General. Optional reply brief is due 21 days from service of respondent brief. [11271285] (BY) [Entered: 04/22/2019 07:20 AM] |
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| Petitioner: LORENZO HERNANDEZ-COTINO | |
| Represented By: | Tori Bryant |
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| Respondent: WILLIAM P. BARR, Attorney General | |
| Represented By: | Todd J. Cochran |
| Represented By: | Chief Counsel ICE |
| Represented By: | OIL |
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