Angel Zepeda Rivas, et al v. David Jennings, et al
| NATHAN ALLEN, Warden and GEO GROUP, INC. |
| DAVID JENNINGS, Acting Field Officer Director, MATTHEW T. ALBENCE, Deputy Director and IMMIGRATION AND CUSTOMS ENFORCEMENT |
| DUNG TUAN DANG, ANGEL DE JESUS ZEPEDA RIVAS, CORAIMA YARITZA SANCHEZ NUNEZ, JAVIER ALFARO, LUCIANO GONZALO MENDOZA JERONIMO, BRENDA RUBI RUIZ TOVAR and LAWRENCE MWAURA |
| 20-16276 |
| June 30, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
Opinions
We have the following opinions for this case:
| Description |
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| ANGEL ZEPEDA RIVAS V. DAVID JENNINGS |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 17, 2021. A more recent docket listing may be available from PACER.
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Filing 95
Order filed (MARSHA S. BERZON, MORGAN B. CHRISTEN and BRIDGET S. BADE) The court is in receipt of the parties motion stipulating to voluntary dismissal of these appeals pursuant to Fed. R. App. P. 42(b). The appeals are DISMISSED as stated in the parties stipulation. Each party shall bear its own costs and attorneys fees. This order served on the district court shall constitute the mandate in these appeals. [12319009] [20-16276, 20-16690, 21-15195, 21-15197] (OC) [Entered: 12/17/2021 10:49 AM]
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Filing 94
Filed (ECF) Appellants Matthew T. Albence, ICE and David Jennings Stipulated Motion to dismiss case voluntarily pursuant to FRAP 42(b). Date of service: 12/14/2021. [12316070] [20-16276] (Robins, Jeffrey) [Entered: 12/14/2021 06:29 PM]
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Filing 93
Filed order (MARSHA S. BERZON, MORGAN B. CHRISTEN and BRIDGET S. BADE) Judges Berzon and Bade vote to grant the parties joint motion for an extension of time to file dismissal (Docket Entry [ # 92 ]). The parties have until December 15, 2021 to file a motion or stipulation to dismiss the appeals. Judge Christen dissents: This appeal was argued nine months ago and presents important constitutional and jurisdictional questions. Our panel has granted the parties three previous extensions to finalize their settlement. I dissented from the parties request for an extension of time in September, and I dissent from this request. [12290019] [20-16276, 20-16690, 21-15195, 21-15197] (OC) [Entered: 11/17/2021 11:11 AM]
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Filing 92
Filed (ECF) Appellants ICE and David Jennings Joint Motion to extend time to comply with the order dated 09/17/2021. Date of service: 11/12/2021. [12286432] [20-16276] (Robins, Jeffrey) [Entered: 11/12/2021 09:08 PM]
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Filing 91
Filed order MEDIATION (SJS): The court will initiate a video status conference with the Circuit Mediator on October 14, 2021, at 1:30 pm Pacific Time. Each party shall be represented by counsel of record and a client representative. Counsel will receive an email from the Circuit Mediator with video instructions. [12255663] [20-16276, 20-16690, 21-15195, 21-15197] (JMR) [Entered: 10/13/2021 01:16 PM]
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Filing 90
Terminated Jordan Wells for Angel de Jesus Zepeda Rivas, Coraima Yaritza Sanchez Nunez, Brenda Rubi Ruiz Tovar, Lawrence Mwaura, Luciano Gonzalo Mendoza Jeronimo, Dung Tuan Dang and Javier Alfaro in 20-16276 [12255513] (RR) [Entered: 10/13/2021 11:58 AM]
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Filing 89
Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Jordan Wells for Appellees Javier Alfaro, Dung Tuan Dang, Luciano Gonzalo Mendoza Jeronimo, Lawrence Mwaura, Brenda Rubi Ruiz Tovar, Coraima Yaritza Sanchez Nunez and Angel de Jesus Zepeda Rivas. Party proceeding without counsel: No. Date of service: 10/13/2021. [12255366] [20-16276] (Wells, Jordan) [Entered: 10/13/2021 11:10 AM]
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Filing 88
Filed order (MARSHA S. BERZON, MORGAN B. CHRISTEN and BRIDGET S. BADE) The parties joint motion for a first extension of time to file dismissal (Docket Entry [ # 87 ]) is granted. No further extensions of time to file a motion or stipulation to dismiss the appeals will be granted absent extraordinary circumstances. The court will not consider the need to agree on attorneys fees as an extraordinary circumstance justifying a further extension. Judge Christen dissents: I would deny the request for an extension of time. [12231675] [20-16276, 20-16690, 21-15195, 21-15197] (JMR) [Entered: 09/17/2021 11:44 AM]
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Filing 87
Filed (ECF) Appellants ICE and David Jennings Joint Motion to extend time to comply with the order dated 07/16/2021. Date of service: 09/10/2021. [12225578] [20-16276] (Sarkany, Sergio) [Entered: 09/10/2021 01:58 PM]
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Filing 86
Filed order (MARSHA S. BERZON, MORGAN B. CHRISTEN and BRIDGET S. BADE)The Circuit Mediator has reported that Defendants-Appellants and Plaintiffs- Appellees have reached an agreement in principle to resolve the case. Within 60 days of the date of this order, Defendants-Appellants shall file a motion or stipulation to dismiss the appeals without prejudice to reinstatement in the event that the district court denies the parties motion for approval of the settlement. Judge Christen dissents, in part: Because this appeal was argued five months ago and it presents important constitutional and jurisdictional issues, I would grant the parties 21 days to finalize their settlement. [12175095] [20-16276, 20-16690, 21-15195, 21-15197] (WL) [Entered: 07/16/2021 03:08 PM]
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Filing 85
Filed order (MARSHA S. BERZON, MORGAN B. CHRISTEN and BRIDGET S. BADE) On June 7, 2021, the court ordered that this matter be held in abeyance until June 30, 2021 while the parties continued to engage in mediation. The Circuit Mediator has reported that Defendants-Appellants and Plaintiffs-Appellees jointly request an extension of that deadline until July 14, 2021. The court grants the parties request for an extension. No further extensions of this deadline will be granted absent extraordinary circumstances. By July 14, 2021, the Circuit Mediator shall provide a status report to the panel. If the parties have not by July 14, 2021 reached an agreement in principle to resolve the case, the appeals argued on February 8, 2021 will be submitted for decision. [12159432] [20-16276, 20-16690, 21-15195, 21-15197] (JMR) [Entered: 06/30/2021 02:51 PM]
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Filing 84
Filed order MEDIATION (SJS): The video mediation of June 10, 2021 will continue on June 23, 2021, at 8:30 a.m Pacific Time, with Circuit Mediator, Steven Saltiel. Unless excused by the Circuit Mediator prior to the scheduled conference, each party shall be represented by counsel of record and a client representative having full authority to negotiate and settle the case on any terms at the conference. No later than seven (7) days before the mediation, counsel is requested to inform the mediator by email of the names and email address of planned participants. Each participant will receive an email with video instructions only they can use to participate in the conference. Please notify the Circuit Mediator if counsel does not receive an email or if additional participants should be added. [12145269] [20-16276, 20-16690] (JMR) [Entered: 06/15/2021 04:03 PM]
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Filing 83
Filed order (MARSHA S. BERZON, MORGAN B. CHRISTEN and BRIDGET S. BADE): Oral argument was held in these consolidated appeals on February 8, 2021. After argument, the parties notified the court that they were amenable to exploring the submission of their dispute to the Circuit Mediation Program, and we referred the appeals for mediation on February 18, 2021. The parties have thus far participated in three video mediation sessions and are scheduled to conduct a fourth session on June 10, 2021. Given the length of time these appeals have been pending, the court will hold the matter in abeyance until June 30, 2021 to allow the parties an opportunity to reach an agreement in principle. By that date, the Circuit Mediator shall provide a status report to the panel. If the parties have not by June 30, 2021 reached an agreement in principle to resolve the case, the appeals will be submitted for decision. [12135712] [20-16276, 20-16690] (AF) [Entered: 06/07/2021 11:52 AM]
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Filing 82
Filed order MEDIATION (SJS): The video mediation of May 25, 2021 will continue on June 10, 2021, at 9:00 a.m Pacific Time, with Circuit Mediator, Steven Saltiel. Unless excused by the Circuit Mediator prior to the scheduled conference, each party shall be represented by counsel of record and a client representative having full authority to negotiate and settle the case on any terms at the conference. No later than seven (7) days before the mediation, counsel is requested to inform the mediator by email of the names and email address of planned participants. Each participant will receive an email with video instructions only they can use to participate in the conference. Please notify the Circuit Mediator if counsel does not receive an email or if additional participants should be added. [12128627] [20-16276, 20-16690, 21-15195, 21-15197] (JMR) [Entered: 05/28/2021 04:25 PM]
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Filing 81
Filed order MEDIATION (SJS): The video mediation of May 4, 2021 will continue on May 25, 2021, at 10:00 a.m Pacific Time, with Circuit Mediator, Steven Saltiel. Unless excused by the Circuit Mediator prior to the scheduled conference, each party shall be represented by counsel of record having full authority to negotiate and settle the case on any terms at the conference. No later than seven (7) days before the mediation, counsel is requested to inform the mediator by email of the names and email address of planned participants. Each participant will receive an email with video instructions only they can use to participate in the conference. Please notify the Circuit Mediator if counsel does not receive an email or if additional participants should be added. [12103660] [20-16276, 20-16690, 21-15195, 21-15197] (JMR) [Entered: 05/05/2021 04:18 PM]
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Filing 80
Filed order MEDIATION (SJS): The video mediation of April 20, 2021 will continue on May 4, 2021, at 10:00 a.m Pacific Time, with Circuit Mediator, Steven Saltiel. Unless excused by the Circuit Mediator prior to the scheduled conference, each party shall be represented by counsel of record and a client representative having full authority to negotiate and settle the case on any terms at the conference. No later than seven (7) days before the mediation, counsel is requested to inform the mediator by email of the names and email address of planned participants. Each participant will receive an email with video instructions only they can use to participate in the conference. Please notify the Circuit Mediator if counsel does not receive an email or if additional participants should be added. (COURT UPDATE: To apply 4/26/2021 order in companion case no. 20-16276 & 20-16690; 4/28/2021 by RT). [12089646] [20-16276, 20-16690] (RT) [Entered: 04/28/2021 11:00 AM]
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Filing 79
Filed order MEDIATION (SJS): A video mediation will be held on April 20, 2021, at 10:00 a.m. Pacific Time, with Circuit Mediator, Steven Saltiel. Unless excused by the Circuit Mediator prior to the scheduled conference, each party shall be represented by counsel of record and a client representative having full authority to negotiate and settle the case on any terms at the conference. No later than seven (7) days before the mediation, counsel is requested to inform the mediator by email of the names and email address of planned participants. Each participant will receive an email with video instructions only they can use to participate in the conference. Please notify the Circuit Mediator if counsel does not receive an email or if additional participants should be added. Mediation statements in advance of the mediation are not required. The parties will be expected to sign the confidentiality agreement attached as Exhibit A to this order. Participants should plan to spend the entire day engaged in meaningful settlement discussions and come prepared with thoughtful solutions to this dispute. It is recommended that counsel review with their clients the information contained in the Mediation Program web site: http://www.ca9.uscourts.gov/mediation with particular emphasis on section E Preparing for Mediation. (SEE ORDER FOR FULL TEXT) [12042840] [20-16276, 20-16690, 21-15195, 21-15197] (JMR) [Entered: 03/16/2021 11:33 AM]
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Filing 78
MEDIATION CONFERENCE SCHEDULED - DIAL-IN Conference, 03/02/2021, 10:00 a.m. PACIFIC Time. See order for instructions and details. [12013777] [20-16276, 20-16690] (CL) [Entered: 02/23/2021 01:34 PM]
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Filing 77
ENTRY UPDATED. ORIGINAL TEXT: Filed order (MARSHA S. BERZON, MORGAN B. CHRISTEN and BRIDGET S. BADE) These appeals concern a temporary restraining order entered April 29, 2020, a preliminary injunction entered June 9, 2020, and a number of bail orders. We heard oral argument in these appeals on February 9, 2020. During and after argument, the parties notified the court that they were amenable to exploring the submission of their dispute to the Circuit Mediation Program. ECF [ # 74 ], [ # 75 ]. Accordingly, we refer these appeals to the Circuit Mediators Office. In order to assist the parties and the mediator, we simultaneously issue a memorandum disposition accompanying this order that decides certain threshold issues raised in these appeals. Because the detention facility conditions challenged in this case have changed while these appeals have been pending, any ruling we enter concerning the conditions that existed in April and June 2020 will provide limited guidance to the parties. Indeed, the district court entered two subsequent preliminary injunctions on December 3, 2020, and January 6, 2021. The defendants have already filed two appeals of the December 3 order. See Zepeda-Rivas v. Geo Group, Inc., No. 21-15195; Zepeda-Rivas v. Jennings, No. 21-15197. Because they are related, those appeals will be consolidated and assigned to this panel. The parties are ordered to confer and, within seven days from the date of this order, provide notice to the court regarding their willingness to explore submission of the appeals arising from the December 3 preliminary injunction to mediation along with the issues argued on February 9, 2020. If so, the panel will stay the briefing orders in those appeals. [12007946] [20-16276, 20-16690] Correcting Order to vacate submission [12007946] [20-16276, 20-16690]--[Edited 10/27/2021 by SVG] (OC) [Entered: 02/18/2021 10:07 AM]
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Filing 76
FILED MEMORANDUM (MARSHA S. BERZON, MORGAN B. CHRISTEN and BRIDGET S. BADE). The government separately argues the district court did not have authority to release any plaintiffs detained pursuant to the mandatory detention statutes, 8 U.S.C. 1226(c) and 1231(a)(2). Neither party briefed whether the district court was required to prioritize releasing detainees who were not subject to mandatory detention. Rather than decide these questions and the other unresolved issues, in the accompanying Order we refer this appeal to the Circuit Mediation Program. [12007839] [20-16276, 20-16690] (AKM) [Entered: 02/18/2021 09:28 AM]
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Filing 75
Filed (ECF) Appellees Javier Alfaro, Dung Tuan Dang, Luciano Gonzalo Mendoza Jeronimo, Lawrence Mwaura, Brenda Rubi Ruiz Tovar, Coraima Yaritza Sanchez Nunez and Angel de Jesus Zepeda Rivas in 20-16276 Correspondence: Consent to Referral to Circuit Mediation Program. Date of service: 02/16/2021 [12005547] [20-16276, 20-16690] (Bernwanger, Bree) [Entered: 02/16/2021 06:53 PM]
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Filing 74
Filed (ECF) Appellants Matthew T. Albence, ICE and David Jennings in 20-16276 Correspondence: Consent to referral to settlement assessment conference.. Date of service: 02/12/2021 [12002000] [20-16276, 20-16690] (Sarkany, Sergio) [Entered: 02/12/2021 10:36 AM]
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Filing 73
Filed Audio recording of oral argument. Note: Video recordings of public argument calendars are available on the Court's website, at # http://www.ca9.uscourts.gov/media/ [11999560] [20-16276, 20-16690] (TG) [Entered: 02/10/2021 02:22 PM]
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Filing 72
ARGUED AND SUBMITTED TO MARSHA S. BERZON, MORGAN B. CHRISTEN and BRIDGET S. BADE. [11996682] [20-16276, 20-16690] (ER) [Entered: 02/08/2021 04:15 PM]
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Filing 71
Received 6 additional paper copies of Reply Brief [ # 64 ] filed by Appellants. [11996254] [20-16276, 20-16690] (SD) [Entered: 02/08/2021 02:04 PM]
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Filing 70
Filed (ECF) Appellants Matthew T. Albence, ICE and David Jennings in 20-16276, 20-16690 citation of supplemental authorities. Date of service: 02/05/2021. [11994615] [20-16276, 20-16690]--[COURT ENTERED FILING to correct entry [68].] (SLM) [Entered: 02/05/2021 02:33 PM]
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Filing 69
Filed (ECF) Appellants Matthew T. Albence, ICE and David Jennings in 20-16276, 20-16690 citation of supplemental authorities. Date of service: 02/05/2021. [11994610] [20-16276, 20-16690]--[COURT ENTERED FILING to correct entry [67].] (SLM) [Entered: 02/05/2021 02:32 PM]
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Filing 68
COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 70 ]. Original Text: Filed (ECF) Appellants Matthew T. Albence, ICE and David Jennings in 20-16276 Correspondence: Response letter to Plaintiffs' FRAP 28(j) letter citing Pekoske Memo.. Date of service: 02/05/2021 [11994591] [20-16276, 20-16690] (Sarkany, Sergio) [Entered: 02/05/2021 02:21 PM]
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Filing 67
COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 69 ]. Original Text: Filed (ECF) Appellants Matthew T. Albence, ICE and David Jennings in 20-16276 Correspondence: Response letter to Plaintiffs' FRAP 28(j) letter citing Padilla.. Date of service: 02/05/2021 [11994585] [20-16276, 20-16690] (Sarkany, Sergio) [Entered: 02/05/2021 02:18 PM]
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Filing 66
Received 8 paper copies of Reply Brief [ # 64 ] filed by Appellants. (sent to panel) [11994455] [20-16276, 20-16690] (SD) [Entered: 02/05/2021 01:26 PM]
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Filing 65
Filed clerk order: The reply brief [ # 64 ] submitted by appellants is filed. Filer is ordered to file 6 copies of the brief in paper format to be delivered to the Court by 12pm Pacific time on Friday, February 5, 2021, 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: gray. The paper copies shall be submitted to the principal office of the Clerk. [11992661] [20-16276, 20-16690] (SML) [Entered: 02/04/2021 11:05 AM]
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Filing 64
Submitted (ECF) Reply Brief for review. Submitted by Appellants Matthew T. Albence, ICE and David Jennings in 20-16276, 20-16690. Date of service: 02/03/2021. [11992648] [20-16276, 20-16690]--[COURT ENTERED FILING to replace entry [63].] (SML) [Entered: 02/04/2021 11:01 AM]
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Filing 63
COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 64 ]. Original Text: Filed (ECF) Appellants Matthew T. Albence, ICE and David Jennings in 20-16276 reply to answer to Original Habeas petition. Date of service: 02/03/2021. [11992151] [20-16690, 20-16276] (Sarkany, Sergio) [Entered: 02/03/2021 09:04 PM]
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Filing 62
Filed (ECF) Appellees Javier Alfaro, Dung Tuan Dang, Luciano Gonzalo Mendoza Jeronimo, Lawrence Mwaura, Brenda Rubi Ruiz Tovar, Coraima Yaritza Sanchez Nunez and Angel de Jesus Zepeda Rivas in 20-16276, 20-16690 citation of supplemental authorities. Date of service: 02/02/2021. [11990726] [20-16276, 20-16690] (Bernwanger, Bree) [Entered: 02/02/2021 10:00 PM]
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Filing 61
Filed (ECF) Appellees Javier Alfaro, Dung Tuan Dang, Luciano Gonzalo Mendoza Jeronimo, Lawrence Mwaura, Brenda Rubi Ruiz Tovar, Coraima Yaritza Sanchez Nunez and Angel de Jesus Zepeda Rivas in 20-16276, 20-16690 citation of supplemental authorities. Date of service: 02/02/2021. [11990723] [20-16276, 20-16690] (Bernwanger, Bree) [Entered: 02/02/2021 09:50 PM]
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Filing 60
Filed (ECF) Appellees Javier Alfaro, Dung Tuan Dang, Luciano Gonzalo Mendoza Jeronimo, Lawrence Mwaura, Brenda Rubi Ruiz Tovar, Coraima Yaritza Sanchez Nunez and Angel de Jesus Zepeda Rivas in 20-16276, 20-16690 reply to response (). Date of service: 02/01/2021. [11989139] [20-16276, 20-16690] (Bernwanger, Bree) [Entered: 02/01/2021 10:53 PM]
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Filing 59
Filed (ECF) Appellants Matthew T. Albence, ICE and David Jennings in 20-16276 response opposing motion ([ # 53 ] Motion (ECF Filing), [ # 53 ] Motion (ECF Filing) motion to supplement record on appeal). Date of service: 01/25/2021. [11980888] [20-16276, 20-16690] (Sarkany, Sergio) [Entered: 01/25/2021 08:42 PM]
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Filing 58
Received 3 paper copies of supplemental excerpts of record [ # 52 ] in 3 volume(s) and index volume filed by Appellees. (sent to panel) [11974321] [20-16276, 20-16690] (KWG) [Entered: 01/21/2021 08:49 AM]
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Filing 57
Received 6 paper copies of Answering Brief [ # 51 ] filed by Appellees. (sent to panel) [11969959] [20-16276, 20-16690] (SD) [Entered: 01/20/2021 03:01 PM]
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Filing 56
Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Jeffrey S. Robins for Appellants Matthew T. Albence, ICE and David Jennings in 20-16276. Hearing in San Francisco on 02/08/2021 at 1:00 P.M. (Courtroom: 3). Filer sharing argument time: No. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 01/15/2021. [11965521] [20-16276, 20-16690] (Robins, Jeffrey) [Entered: 01/15/2021 11:15 AM]
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Filing 55
Filed (ECF) Acknowledgment of hearing notice by Attorney Bree A. Bernwanger for Appellees Javier Alfaro, Dung Tuan Dang, Luciano Gonzalo Mendoza Jeronimo, Lawrence Mwaura, Brenda Rubi Ruiz Tovar, Coraima Yaritza Sanchez Nunez and Angel de Jesus Zepeda Rivas in 20-16276. Hearing in San Francisco on 02/08/2021 at 1:00 P.M. (Courtroom: Courtroom 3). Filer sharing argument time: No. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 01/15/2021. [11965179] [20-16276, 20-16690] (Bernwanger, Bree) [Entered: 01/15/2021 09:43 AM]
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Filing 54
Filed clerk order: The answering brief [ # 51 ] submitted by appellees 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: red. The supplemental excerpts of record [ # 52 ] submitted by appellees are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [11965134] [20-16276, 20-16690] (SML) [Entered: 01/15/2021 09:31 AM]
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Filing 53
Filed (ECF) Appellees Javier Alfaro, Dung Tuan Dang, Luciano Gonzalo Mendoza Jeronimo, Lawrence Mwaura, Brenda Rubi Ruiz Tovar, Coraima Yaritza Sanchez Nunez and Angel de Jesus Zepeda Rivas in 20-16276 Motion to supplement record on appeal. Date of service: 01/13/2021. [11963133] [20-16690, 20-16276] (Bernwanger, Bree) [Entered: 01/13/2021 08:31 PM]
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Filing 52
Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Javier Alfaro, Dung Tuan Dang, Luciano Gonzalo Mendoza Jeronimo, Lawrence Mwaura, Brenda Rubi Ruiz Tovar, Coraima Yaritza Sanchez Nunez and Angel de Jesus Zepeda Rivas in 20-16690, 20-16276. Date of service: 01/13/2021. [11963132] [20-16690, 20-16276]--[COURT UPDATE: Attached corrected excerpts. 01/15/2021 by SML] (Lakin, Judah) [Entered: 01/13/2021 08:24 PM]
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Filing 51
Submitted (ECF) Answering Brief for review. Submitted by Appellees Javier Alfaro, Dung Tuan Dang, Luciano Gonzalo Mendoza Jeronimo, Lawrence Mwaura, Brenda Rubi Ruiz Tovar, Coraima Yaritza Sanchez Nunez and Angel de Jesus Zepeda Rivas in 20-16690, 20-16276. Date of service: 01/13/2021. [11963131] [20-16690, 20-16276] (Lakin, Judah) [Entered: 01/13/2021 08:16 PM]
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Filing 50
Notice of Oral Argument on Monday, February 8, 2021 - 1:00 P.M. - Courtroom 3 - Scheduled Location: San Francisco CA. The hearing time is the local time zone at the scheduled hearing location, even if the argument is fully remote. View the Oral Argument Calendar for your case # here . NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, any argument may be held remotely with all of the judges and attorneys appearing by video or telephone. Travel to a courthouse will not be required. If the panel determines that it will hold oral argument, the Clerk's Office will be in contact with you directly at least two weeks before the set argument date to make any necessary arrangements for remote appearance. Be sure to review the # GUIDELINES for important information about your hearing, including when to be available (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). If you are the specific attorney or self-represented party who will be arguing, use the # ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 21 days before Monday, February 8, 2021. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11932154]. [20-16276, 20-16690] (AW) [Entered: 12/17/2020 05:10 PM]
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Filing 49
Filed clerk order (Deputy Clerk: OC): Appellantss emergency motion to consolidate cases, ECF [ # 11894973-4 ], is GRANTED. These cases are consolidated. Appellees may file an optional answering brief within 30 days of this order. If Appellees file an answering brief, Appellants will have 21 days to file an optional reply. [11925827] [20-16276, 20-16690] (OC) [Entered: 12/14/2020 10:13 AM]
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Filing 48
Notice of Oral Argument on Monday, February 8, 2021 - 09:30 A.M. - Courtroom 3 - Scheduled Location: San Francisco CA. The hearing time is the local time zone at the scheduled hearing location, even if the argument is fully remote. View the Oral Argument Calendar for your case # here . NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, any argument may be held remotely with all of the judges and attorneys appearing by video or telephone. Travel to a courthouse will not be required. If the panel determines that it will hold oral argument, the Clerk's Office will be in contact with you directly at least two weeks before the set argument date to make any necessary arrangements for remote appearance. Be sure to review the # GUIDELINES for important information about your hearing, including when to be available (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). If you are the specific attorney or self-represented party who will be arguing, use the # ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 21 days before Monday, February 8, 2021. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11908378]. [20-16276, 20-16690] (AW) [Entered: 11/29/2020 06:12 AM]
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Filing 47
Submitted (ECF) Supplemental Brief for review. Submitted by Appellants Matthew T. Albence, ICE and David Jennings. Date of service: 11/16/2020. [11894967] [20-16276] (Robins, Jeffrey) [Entered: 11/16/2020 06:01 PM]
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Filing 46
Submitted (ECF) Supplemental Brief for review. Submitted by Appellees Javier Alfaro, Dung Tuan Dang, Angel de Jesus Zepeda Rivas, Coraima Yaritza Sanchez Nunez, Brenda Rubi Ruiz Tovar, Lawrence Mwaura and Luciano Gonzalo Mendoza Jeronimo. Date of service: 11/02/2020. [11879206] [20-16276]--[COURT UPDATE: Attached corrected brief. 11/03/2020 by SML] (Riordan, Sean) [Entered: 11/02/2020 02:32 PM]
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Filing 45
Filed (ECF) Appellees Javier Alfaro, Dung Tuan Dang, Luciano Gonzalo Mendoza Jeronimo, Lawrence Mwaura, Brenda Rubi Ruiz Tovar, Coraima Yaritza Sanchez Nunez and Angel de Jesus Zepeda Rivas Joint Motion to file supplemental brief. Date of service: 10/28/2020. [11874904] [20-16276] (Riordan, Sean) [Entered: 10/28/2020 04:39 PM]
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Filing 44
This case is being considered for an upcoming oral argument calendar in San Francisco Please review the San Francisco sitting dates for February 2021 and the 2 subsequent sitting months in that location at # http://www.ca9.uscourts.gov/court_sessions . If you have an unavoidable conflict on any of the dates, please file # Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument . Please follow the form's # instructions carefully. When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice , using CM/ECF ( Type of Document : Correspondence to Court; Subject : request for mediation).[11863297]. [20-16276, 20-16690] (AW) [Entered: 10/19/2020 10:22 AM]
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Filing 43
Received 6 paper copies of Reply Brief [ # 41 ] filed by appellants. [11860122] (DB) [Entered: 10/15/2020 01:01 PM]
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Filing 42
Filed clerk order: The reply brief [ # 41 ] submitted by appellants 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: gray. The paper copies shall be submitted to the principal office of the Clerk. [11855639] (SML) [Entered: 10/13/2020 09:23 AM]
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Filing 41
Submitted (ECF) Reply Brief for review. Submitted by Appellants Matthew T. Albence, ICE and David Jennings. Date of service: 10/09/2020. [11855004] [20-16276] (Robins, Jeffrey) [Entered: 10/09/2020 07:11 PM]
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Filing 40
Filed (ECF) Appellees Javier Alfaro, Dung Tuan Dang, Lawrence Mwaura, Brenda Rubi Ruiz Tovar, Coraima Yaritza Sanchez Nunez, Angel de Jesus Zepeda Rivas and Luciano Gonzalo Mendoza Jeronimo reply to response (). Date of service: 10/05/2020. [11848240] [20-16276] (Riordan, Sean) [Entered: 10/05/2020 06:09 PM]
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Filing 39
Received 3 paper copies of supplemental excerpts of record [ # 25 ] in 3 volume(s) filed by Appellees Javier Alfaro, et al.. [11841408] (KWG) [Entered: 09/29/2020 04:07 PM]
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Filing 38
Received correction to deficient supplemental excerpts of record [ # 25 ] from Appellees: replacement copies with single sided pages. [11841404] (KWG) [Entered: 09/29/2020 04:04 PM]
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Filing 37
Filed clerk order (Deputy Clerk: LBS): Appellants unopposed motion (Docket Entry No. [ # 34 ]) for an extension of time to file the optional reply brief is granted. The optional reply brief is due October 9, 2020. Appellees motion (Docket Entry No. [ # 35 ]) for an extension of time to file a response to appellants opposition to the motion to supplement is granted. Any response is due October 5, 2020 and will be referred to the panel that will consider the merits of this appeal. [11839347] (JMR) [Entered: 09/28/2020 02:04 PM]
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Filing 36
This case is being considered for an upcoming oral argument calendar in San Francisco Please review the San Francisco sitting dates for January 2021 and the 2 subsequent sitting months in that location at # http://www.ca9.uscourts.gov/court_sessions . If you have an unavoidable conflict on any of the dates, please file # Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument . Please follow the form's # instructions carefully. When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice , using CM/ECF ( Type of Document : Correspondence to Court; Subject : request for mediation).[11838547]. [20-16276] (AW) [Entered: 09/28/2020 09:42 AM]
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Filing 35
Filed (ECF) Appellees Javier Alfaro, Dung Tuan Dang, Luciano Gonzalo Mendoza Jeronimo, Lawrence Mwaura, Brenda Rubi Ruiz Tovar and Coraima Yaritza Sanchez Nunez Unopposed Motion to extend time to file a reply until 10/05/2020. Date of service: 09/25/2020. [11837910] [20-16276] (Lakin, Judah) [Entered: 09/25/2020 06:05 PM]
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Filing 34
Filed (ECF) Appellants Matthew T. Albence, ICE and David Jennings Unopposed Motion to extend time to file Reply brief until 10/09/2020. Date of service: 09/25/2020. [11837905] [20-16276] (Robins, Jeffrey) [Entered: 09/25/2020 06:01 PM]
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Filing 33
Filed clerk order (Deputy Clerk: LBS): Appellees motion (Docket Entry No. [ # 26 ]) to supplement the record, the proposed exhibits included in Docket Entry No. [ # 26 ], appellants opposition at Docket Entry No. [11831895-], and any further responses are referred to the panel that will consider the merits of this appeal. Any discussion of the proposed exhibits in the parties briefs may be stricken or disregarded if the panel denies appellees motion to supplement the record. The optional reply brief remains due October 2, 2020. [11837202] (JMR) [Entered: 09/25/2020 01:15 PM]
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Filing 32
Received 6 paper copies of Answering Brief [ # 24 ] filed by Javier Alfaro, Dung Tuan Dang, Luciano Gonzalo Mendoza Jeronimo, Lawrence Mwaura, Brenda Rubi Ruiz Tovar, Coraima Yaritza Sanchez Nunez and Angel de Jesus Zepeda Rivas. [11835989] (MAE) [Entered: 09/24/2020 02:50 PM]
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Filing 31
Received Appellees Javier Alfaro, et al. 3 paper copies of supplemental excerpts of record [ # 25 ] in 3 volume(s). Deficiency: excerpts of record pages are double-sided. Corrections required (see attached notice). [11835915] (KWG) [Entered: 09/24/2020 02:27 PM]
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Filing 30
Filed (ECF) Appellants Matthew T. Albence, ICE and David Jennings response opposing motion ([ # 26 ] Motion (ECF Filing), [ # 26 ] Motion (ECF Filing) motion to supplement record on appeal). Date of service: 09/21/2020. [11831895] [20-16276] (Robins, Jeffrey) [Entered: 09/21/2020 06:22 PM]
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Filing 29
Filed clerk order: The answering brief [ # 24 ] submitted by Javier Alfaro, Dung Tuan Dang, Luciano Gonzalo Mendoza Jeronimo, Lawrence Mwaura, Brenda Rubi Ruiz Tovar, Coraima Yaritza Sanchez Nunez and Angel de Jesus Zepeda Rivas 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: red. The supplemental excerpts of record [ # 25 ] submitted by Javier Alfaro, Dung Tuan Dang, Luciano Gonzalo Mendoza Jeronimo, Lawrence Mwaura, Brenda Rubi Ruiz Tovar, Coraima Yaritza Sanchez Nunez and Angel de Jesus Zepeda Rivas are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [11830908] (SML) [Entered: 09/21/2020 12:57 PM]
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Filing 28
Added Attorney(s) Jeffrey S. Robins for party(s) Appellant Matthew T. Albence, Appellant David Jennings and Appellant ICE, in case 20-16276. [11830490] (QDL) [Entered: 09/21/2020 10:39 AM]
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Filing 27
Filed (ECF) notice of appearance of Jeffrey S. Robins (U.S. Dept. of Justice, Office of Immigration Litigation; P.O. Box 868 Washington, DC 20044) for Appellants Matthew T. Albence, ICE and David Jennings. Date of service: 09/21/2020. (Party was previously proceeding with counsel.) [11830396] [20-16276] (Robins, Jeffrey) [Entered: 09/21/2020 10:10 AM]
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Filing 26
Filed (ECF) Appellees Javier Alfaro, Dung Tuan Dang, Luciano Gonzalo Mendoza Jeronimo, Lawrence Mwaura, Brenda Rubi Ruiz Tovar, Coraima Yaritza Sanchez Nunez and Angel de Jesus Zepeda Rivas Motion to supplement record on appeal. Date of service: 09/11/2020. [11821423] [20-16276]--[COURT UPDATE: Attached corrected motion. 09/21/2020 by SML] (Riordan, Sean) [Entered: 09/11/2020 05:37 PM]
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Filing 25
Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Javier Alfaro, Dung Tuan Dang, Luciano Gonzalo Mendoza Jeronimo, Lawrence Mwaura, Brenda Rubi Ruiz Tovar, Coraima Yaritza Sanchez Nunez and Angel de Jesus Zepeda Rivas. Date of service: 09/11/2020. [11821417] [20-16276]--[COURT UPDATE: Attached corrected excerpts. 09/21/2020 by SML] (Riordan, Sean) [Entered: 09/11/2020 05:30 PM]
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Filing 24
Submitted (ECF) Answering Brief for review. Submitted by Appellees Javier Alfaro, Dung Tuan Dang, Luciano Gonzalo Mendoza Jeronimo, Lawrence Mwaura, Brenda Rubi Ruiz Tovar, Coraima Yaritza Sanchez Nunez and Angel de Jesus Zepeda Rivas. Date of service: 09/11/2020. [11821407] [20-16276]--[COURT UPDATE: Attached corrected brief. 09/21/2020 by SML] (Riordan, Sean) [Entered: 09/11/2020 05:20 PM]
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Filing 23
Added Attorney(s) Bree A. Bernwanger for party(s) Appellee Coraima Yaritza Sanchez Nunez, Appellee Dung Tuan Dang, Appellee Lawrence Mwaura, Appellee Luciano Gonzalo Mendoza Jeronimo, Appellee Angel de Jesus Zepeda Rivas, Appellee Javier Alfaro and Appellee Brenda Rubi Ruiz Tovar, in case 20-16276. [11809865] (QDL) [Entered: 09/01/2020 03:24 PM]
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Filing 22
Filed (ECF) notice of appearance of Bree Ann Bernwanger (Lawyers' Committee for Civil Rights of the San Francisco Bay Area, 131 Steuart Street Ste. 400, San Francisco, CA 94105) for Appellees Javier Alfaro, Dung Tuan Dang, Luciano Gonzalo Mendoza Jeronimo, Lawrence Mwaura, Brenda Rubi Ruiz Tovar, Coraima Yaritza Sanchez Nunez and Angel de Jesus Zepeda Rivas. Date of service: 09/01/2020. (Party was previously proceeding with counsel.) [11809803] [20-16276] (Bernwanger, Bree) [Entered: 09/01/2020 02:58 PM]
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Filing 21
Filed clerk order (Deputy Clerk: LBS): Appellees opposed motion (Docket Entry No. [ # 19 ]) to stay appellate proceedings is denied. Appellees opposed alternate motion (Docket Entry No. [ # 19 ]) for an extension of time to file the answering brief is granted in part. The answering brief is due September 11, 2020. The optional reply brief is due within 21 days after service of the answering brief. No further motion for an extension of time to file the answering brief will be granted absent extraordinary and compelling circumstances. [11798106] (JMR) [Entered: 08/21/2020 01:18 PM]
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Filing 20
Filed (ECF) Appellants David Jennings, ICE and Matthew T. Albence response opposing motion ([ # 19 ] Motion (ECF Filing), [ # 19 ] Motion (ECF Filing)). Date of service: 08/17/2020. [11792443] [20-16276] (Sarkany, Sergio) [Entered: 08/17/2020 08:32 PM]
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Filing 19
Filed (ECF) Appellees Javier Alfaro, Dung Tuan Dang, Luciano Gonzalo Mendoza Jeronimo, Lawrence Mwaura, Brenda Rubi Ruiz Tovar, Coraima Yaritza Sanchez Nunez and Angel de Jesus Zepeda Rivas Motion to stay appellate proceedings. Date of service: 08/05/2020. [11778722] [20-16276] (Lakin, Judah) [Entered: 08/05/2020 03:16 PM]
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Filing 18
Added Attorney(s) Jeffrey M. Gutkin for party(s) Appellee Coraima Yaritza Sanchez Nunez Appellee Dung Tuan Dang Appellee Lawrence Mwaura Appellee Luciano Gonzalo Mendoza Jeronimo Appellee Angel de Jesus Zepeda Rivas Appellee Javier Alfaro Appellee Brenda Rubi Ruiz Tovar, in case 20-16276. [11778601] (QDL) [Entered: 08/05/2020 02:26 PM]
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Filing 17
Filed (ECF) notice of appearance of Jeffrey M. Gutkin (Cooley LLP, 101 California Street, 5th Floor, San Francisco, CA 94111) for Appellees Angel de Jesus Zepeda Rivas, Javier Alfaro, Dung Tuan Dang, Luciano Gonzalo Mendoza Jeronimo, Lawrence Mwaura, Brenda Rubi Ruiz Tovar, Coraima Yaritza Sanchez Nunez and Appellants Matthew T. Albence, ICE and David Jennings. Date of service: 08/05/2020. (Party was previously proceeding with counsel.) [11778594] [20-16276] (Gutkin, Jeffrey) [Entered: 08/05/2020 02:23 PM]
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Filing 16
Received 3 paper copies of excerpts of record [ # 11 ] in 2 volume(s) filed by Appellants. [11778297] (LA) [Entered: 08/05/2020 12:09 PM]
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Filing 15
Received 6 paper copies of Opening Brief [ # 10 ] filed by Appellants. [11778264] (DB) [Entered: 08/05/2020 11:51 AM]
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Filing 14
Filed clerk order: The opening brief [ # 10 ] submitted by appellants 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: blue. The excerpts of record [ # 11 ] submitted by appellants are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [11769731] (SML) [Entered: 07/28/2020 03:34 PM]
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Filing 13
COURT DELETED INCORRECT/DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 11 ]. Original Text: Submitted (ECF) excerpts of record. Submitted by Appellants Matthew T. Albence, ICE and David Jennings. Date of service: 07/27/2020. [11768390] [20-16276] (Sarkany, Sergio) [Entered: 07/27/2020 11:59 PM]
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Filing 12
COURT DELETED INCORRECT/DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 11 ]. Original Text: Submitted (ECF) excerpts of record. Submitted by Appellants Matthew T. Albence, ICE and David Jennings. Date of service: 07/27/2020. [11768389] [20-16276] (Sarkany, Sergio) [Entered: 07/27/2020 11:56 PM]
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Filing 11
Submitted (ECF) excerpts of record. Submitted by Appellants Matthew T. Albence, ICE and David Jennings. Date of service: 07/27/2020. [11768383] [20-16276]--[COURT UPDATE: Attached combined PDF file of Volume II, incorrectly submitted in entries [12], [13]. 07/28/2020 by SML]--[COURT UPDATE: Attached corrected excerpts Volume II. 07/30/2020 by SML] (Sarkany, Sergio) [Entered: 07/27/2020 11:38 PM]
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Filing 10
Submitted (ECF) Opening Brief for review. Submitted by Appellants ICE, David Jennings and Matthew T. Albence. Date of service: 07/27/2020. [11768378] [20-16276]--[COURT UPDATE: Attached corrected brief. 07/30/2020 by SML] (Sarkany, Sergio) [Entered: 07/27/2020 11:26 PM]
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Filing 9
MEDIATION ORDER FILED: This case is NOT SELECTED for inclusion in the Mediation Program. Counsel may contact Circuit Mediator to discuss services available through the Circuit Mediation Program or to request a settlement assessment conference. Info regarding the mediation program may be found at www.ca9.uscourts.gov/mediation. [11756015] (BLS) [Entered: 07/16/2020 07:05 PM]
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Filing 8
The Mediation Questionnaire for this case was filed on 07/14/2020. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[11753208]. [20-16276] (AD) [Entered: 07/14/2020 06:44 PM]
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Filing 7
Filed (ECF) Appellants Matthew T. Albence, ICE and David Jennings Mediation Questionnaire. Date of service: 07/14/2020. [11752920] [20-16276] (Sarkany, Sergio) [Entered: 07/14/2020 03:34 PM]
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Filing 6
MEDIATION ORDER FILED: By 07/27/2020, counsel to email Circuit Mediator regarding settlement potential. Include Ninth Circuit case number in subject line. This communication will be kept confidential, if requested, and should not be filed with the court. The existing briefing schedule remains in effect. SEE ORDER FOR DETAILS. [11750505] (BLS) [Entered: 07/13/2020 12:01 PM]
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Filing 5
Attorney Adrienne Zack in 20-16276 substituted by Attorney Sergio Sarkany in 20-16276 [11746902] (QDL) [Entered: 07/09/2020 08:55 AM]
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Filing 4
Filed (ECF) notice of appearance of Sergio Francis Sarkany (Office of Immigration Litigation-DCS Department of Justice-Civil Division P.O. Box 878 Ben Franklin Station Washington, D.C. 20044) for Appellants Matthew T. Albence, ICE and David Jennings. Substitution for Attorney Adrienne Zack for Appellants Matthew T. Albence, ICE and David Jennings. Date of service: 07/09/2020. (Party was previously proceeding with counsel.) [11746891] [20-16276] (Sarkany, Sergio) [Entered: 07/09/2020 08:49 AM]
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Filing 3
MEDIATION ORDER FILED: The court of appeals' records do not indicate that appellant has filed a mediation questionnaire in accordance with Cir. R. 3-4. Within seven (7) days of the filing date of this order, appellant shall file a Mediation Questionnaire or dismiss the appeal voluntarily. [11745834] (MS) [Entered: 07/08/2020 11:30 AM]
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| Filing 2 Filed clerk order (Deputy Clerk: TSP): The appeal filed June 29, 2020 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. The mediation questionnaire is due three days after the date of this order. If they have not already done so, within 7 calendar days after the filing date of this order, the parties shall make arrangements to obtain from the court reporter an official transcript of proceedings in the district court that will be included in the record on appeal. The briefing schedule shall proceed as follows: the opening brief and excerpts of record are due not later than July 27, 2020; the answering brief is due August 24, 2020 or 28 days after service of the opening brief, whichever is earlier; and the optional reply brief is due within 21 days after service of the answering brief. See 9th Cir. R. 3-3(b). No streamlined extensions of time will be approved. See 9th Cir. R. 31-2.2(a)(3). Any request for an extension of time to file a brief must be made by written motion under Ninth Circuit Rule 31-2.2(b). Failure to file timely the opening brief shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. [11738747] (JMR) [Entered: 06/30/2020 03:40 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: To be set. Preliminary Injunction Appeal, C.R. 3-3. [11738332] (JBS) [Entered: 06/30/2020 01:19 PM] |
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