J.S.M, et al v. William Barr, et al
| CENTRAL AMERICAN RESOURCE CENTER, INNOVATION LAW LAB, EAST BAY SANCTUARY COVENANT and AL OTRO LADO |
| MATTHEW ALBENCE, Acting Director of Immigration and Customs Enforcement, in his official capacity, L. FRANCIS CISSNA, Acting Director of the U.S. Citizenship and Immigration Services, in his official capacity, WILLIAM P. BARR, Attorney General, U.S. CUSTOMS AND BORDER PROTECTION, MARK A. MORGAN, Senior Official Performing the Duties of the Commissioner of U.S. Customs and Border Protection, in his official capacity, U.S. DEPARTMENT OF HOMELAND SECURITY, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, UNITED STATES DEPARTMENT OF JUSTICE, JAMES MCHENRY, Director of the Executive Office for Immigration Review, in his official capacity, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, IMMIGRATION AND CUSTOMS ENFORCEMENT and CHAD F. WOLF, Acting Secretary of Homeland Security, in his official capacity |
| J. S. M., et al |
| 20-17204 |
| November 12, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 21 Filed clerk order (Deputy Clerk: GS): The appellees opposed motion (Docket Entry No. [ # 18 ]) for an extension of time to file the answering brief is granted. The answering brief is due January 27, 2021. The optional reply brief is due within 21 days after service of the answering brief. [11934489] (AF) [Entered: 12/21/2020 10:00 AM] |
| Filing 20 Filed clerk order: The opening brief [ # 16 ] submitted by J. S. M. 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 [ # 17 ] submitted by J. S. M. 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. [11931836] (KWG) [Entered: 12/17/2020 03:30 PM] |
| Filing 19 Filed (ECF) Appellant J. S. M. response to motion ([ # 18 ] Motion (ECF Filing), [ # 18 ] Motion (ECF Filing)). Date of service: 12/16/2020. [11929545] [20-17204] (Heller, Caroline) [Entered: 12/16/2020 10:13 AM] |
| Filing 18 Filed (ECF) Appellees Matthew Albence, William P. Barr, L. Francis Cissna, Executive Office for Immigration Review, ICE, James McHenry, Mark A. Morgan, U.S. Customs and Border Protection, USCIS, USDHS, USDOJ and Chad F. Wolf Motion to extend time to file Answering brief until 01/27/2021. Date of service: 12/15/2020. [11928101] [20-17204] --[COURT UPDATE: Updated docket text to reflect content of filing. 12/15/2020 by TYL] (Reuveni, Erez) [Entered: 12/15/2020 11:32 AM] |
| Filing 17 Submitted (ECF) excerpts of record. Submitted by Appellant J. S. M.. Date of service: 12/09/2020. [11921065] [20-17204]--[COURT UPDATE: Attached corrected PDF of vols 1-3 and index vol. 12/17/2020 by KWG] (Heller, Caroline) [Entered: 12/09/2020 04:28 PM] |
| Filing 16 Submitted (ECF) Opening Brief for review. Submitted by Appellant J. S. M.. Date of service: 12/09/2020. [11921049] [20-17204]--[COURT UPDATE: Attached corrected PDF of the brief. 12/17/2020 by KWG] (Heller, Caroline) [Entered: 12/09/2020 04:24 PM] |
| Filing 15 Terminated Jonathan Kenji Ogata for J. S. M. in 20-17204 (due to incorrect ECF contact information) [11909958] (RY) [Entered: 11/30/2020 04:52 PM] |
| Filing 14 Filed order (RICHARD R. CLIFTON, SANDRA S. IKUTA and KENNETH K. LEE): Appellants emergency motion for an administrative stay of removal (Docket Entry No. [ # 13 ]) is denied. Appellants petition for rehearing en banc (Docket Entry No. [ # 12 ]) is treated as a motion for reconsideration en banc. The motion for reconsideration en banc is denied on behalf of the court. See 9th Cir. Gen. Ord. 6.11; see also 9th Cir. R. 27-10. [11902179] (HH) [Entered: 11/21/2020 03:31 PM] |
| Filing 13 Filed (ECF) Appellant J. S. M. EMERGENCY Motion to stay removal. Date of service: 11/21/2020. [11902174] [20-17204] (Heller, Caroline) [Entered: 11/21/2020 10:11 AM] |
| Filing 12 Filed (ECF) Appellant J. S. M. petition for rehearing en banc (from 11/20/2020 memorandum). Date of service: 11/20/2020. [11902146] [20-17204] (Heller, Caroline) [Entered: 11/20/2020 11:06 PM] |
| Filing 11 Filed order (RICHARD R. CLIFTON, SANDRA S. IKUTA and KENNETH K. LEE): Appellants seek a stay of removal pending appeal of the district courts November 10, 2020 order denying appellants motions for leave to intervene and for a preliminary injunction prohibiting their removal from the United States. We conclude that appellants have not made the required strong showing that they are likely to succeed on the merits of this appeal. See Nken v. Holder, 556 U.S. 418 (2009); Leiva-Perez v. Holder, 640 F.3d 962 (9th Cir. 2011); see also Dept of Homeland Sec. v. Thuraissigiam, 140 S. Ct. 1959 (2020). Consequently, we deny appellants emergency motion for a temporary restraining order and preliminary injunction pending appeal (Docket Entry No. [ # 3 ]). The request for an administrative stay is denied as moot. The previously established briefing schedule remains in effect. [11901786] (AF) [Entered: 11/20/2020 03:52 PM] |
| Filing 10 Filed (ECF) Appellant J. S. M. reply to response (motion to stay removal/deportation (ECF)). Date of service: 11/19/2020. [11899246] [20-17204] (Heller, Caroline) [Entered: 11/19/2020 11:26 AM] |
| Filing 9 Filed (ECF) Appellees Matthew Albence, William P. Barr, L. Francis Cissna, Executive Office for Immigration Review, ICE, James McHenry, Mark A. Morgan, U.S. Customs and Border Protection, USCIS, USDHS, USDOJ and Chad F. Wolf response opposing motion ([ # 3 ] Motion (ECF Filing), [ # 3 ] Motion (ECF Filing)). Date of service: 11/17/2020. [11896230] [20-17204] (Reuveni, Erez) [Entered: 11/17/2020 03:01 PM] |
| Filing 8 MEDIATION ORDER FILED: This case is NOT SELECTED for inclusion in the Mediation Program. All further inquiries regarding this appeal, including requests for extensions of time, should be directed to the Clerk's office. [11894833] (BLS) [Entered: 11/16/2020 04:48 PM] |
| Filing 7 Filed (ECF) Appellees Matthew Albence, William P. Barr, L. Francis Cissna, Executive Office for Immigration Review, ICE, James McHenry, Mark A. Morgan, U.S. Customs and Border Protection, USCIS, USDHS, USDOJ and Chad F. Wolf Mediation Questionnaire. Date of service: 11/16/2020. [11894136] [20-17204] (Reuveni, Erez) [Entered: 11/16/2020 01:05 PM] |
| Filing 6 The Mediation Questionnaire for this case was filed on 11/16/2020. 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.[11894112]. [20-17204] (AD) [Entered: 11/16/2020 12:44 PM] |
| Filing 5 Filed (ECF) Appellant J. S. M. Mediation Questionnaire. Date of service: 11/16/2020. [11893939] [20-17204] (Heller, Caroline) [Entered: 11/16/2020 11:26 AM] |
| Filing 4 Filed clerk order (Deputy Clerk: SL): The court has received appellants emergency motion to stay removal. The opposition to the emergency motion is due at 5:00 p.m. on Tuesday, November 17, 2020. The reply in support of the motion is due at noon on Thursday, November 19, 2020. [11893149] (AF) [Entered: 11/13/2020 05:11 PM] |
| Filing 3 Filed (ECF) Appellant J. S. M. EMERGENCY Motion to stay removal. Date of service: 11/13/2020. [11892780] [20-17204] (Ogata, Jonathan) [Entered: 11/13/2020 03:26 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: TSP): The appeal filed November 11, 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 December 9, 2020; the answering brief is due January 6, 2021 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. [11891408] (AF) [Entered: 11/12/2020 06:04 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. [11890050]--[COURT ENTERED NOTE: Due to the large number of appellants, the court only added the first appellant to the docket because all appellants are represented by the same firm. The appellants are all listed on page 6 of the NOA, which is attached. 11/12/2020 by SLM] (RT) [Entered: 11/12/2020 11:15 AM] |
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