Marcos Diaz-Aguilar v. Merrick Garland
| MARCOS ANTONIO DIAZ-AGUILAR |
| WILLIAM P. BARR, Attorney General and MERRICK B. GARLAND, Attorney General |
| 20-70027 |
| January 4, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 21 MANDATE ISSUED. (RRC, MHM and DAB) [12135258] (RR) [Entered: 06/07/2021 09:16 AM] |
| Filing 20 NOTICE: Beginning May 1, 2021, all new counseled immigration petitions for review must be filed in the new Appellate Case Management System (ACMS). Chief Judge Sidney R. Thomas' April 23, 2021 administrative order regarding ACMS is available # here . The announcement about ACMS is available on our website # here .[12093285]. [20-70027] (CD) [Entered: 04/28/2021 09:41 PM] |
| Filing 19 Filed order (RICHARD R. CLIFTON, MARY H. MURGUIA and DANIEL A. BRESS) Marcos Antonio Diaz-Aguilar, a native and citizen of El Salvador, seeks review of the Board of Immigration Appeals (BIA) order denying his motion to reopen. We review for abuse of discretion the denial of a motion to reopen. Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir. 2005). The agency did not abuse its discretion in denying Diaz-Aguilars motion to reopen as untimely, where he filed the motion three years after his final administrative order of removal, and where his motion did not qualify for any exception to the filing deadline. See 8 U.S.C. 1229a(c)(7), 8 C.F.R. 1003.2(c)(2), (3)..... We lack jurisdiction to review the BIAs decision not to reopen proceedings sua sponte. The governments motion for summary disposition of this petition for review (Docket Entry No. [ # 13 ]) is granted because the questions raised in the opening brief are so insubstantial as not to justify further proceedings. See 9th Cir. R. 3-6(a) (stating standard for summary disposition); see also United States v. Hooton, 693 F.2d 857 (9th Cir. 1982). PETITION FOR REVIEW DENIED in part; DISMISSED in part. (SEE ORDER FOR FULL TEXT) [12075699] (WL) [Entered: 04/15/2021 12:17 PM] |
| Filing 18 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. [12051986] (VS) [Entered: 03/24/2021 12:40 PM] |
| Filing 17 Robert M. Wilkinson substituted by Merrick B. Garland effective 03/11/2021 [Created 03/11/2021 by AUTOUPD][12036061]. [20-70027] (CD) [Entered: 03/11/2021 06:13 PM] |
| Filing 16 Filed order MEDIATION (SL): This immigration petition has been referred to the Ninth Circuit Mediation Program. See Fed. R. App. P. 33 and Ninth Cir. R. 33-1. The court has scheduled a dial-in telephone assessment conference with counsel on the date and time indicated above. Date: March 24, 2021 Time: 11:00 a.m. Pacific Time Each participant on the attached list will receive an email with dial-in information. If there are any changes or additions to the list, please notify the Mediation Office at mediation@ca9.uscourts.gov. Also, please notify Chief Circuit Mediator Stephen Liacouras immediately by email (stephen_liacouras@ca9.uscourts.gov) if counsel has an unavoidable scheduling conflict. Please copy all counsel on any such communications. All communications should include the Ninth Circuit case name and number in the subject line. All discussions that take place in the context of the conference are confidential. See Cir. R. 33-1. For more detailed information about the assessment conference, confidentiality, the Mediation Program and its procedures generally, please see the attachment to this order and the Mediation Program web site: www.ca9.uscourts.gov/mediation. [12027711] (WL) [Entered: 03/08/2021 01:18 PM] |
| Filing 15 Jeffrey A. Rosen substituted by Robert M. Wilkinson effective 01/20/2021 [Created 01/20/2021 by AUTOUPD][11973387]. [20-70027] (CD) [Entered: 01/20/2021 07:21 PM] |
| Filing 14 Willam P. Barr substituted by Jeffrey A. Rosen effective 12/24/2020 [Created 12/23/2020 by AUTOUPD][11942186]. [20-70027] (CD) [Entered: 12/23/2020 06:59 PM] |
| Filing 13 Filed (ECF) Respondent William P. Barr Motion for summary disposition, Motion to dismiss the case. Date of service: 08/25/2020. [11802216] [20-70027] (Insenga, Andrew) [Entered: 08/25/2020 01:55 PM] |
| Filing 12 Filed clerk order: The opening brief [ # 11 ] submitted by Marcos Antonio Diaz-Aguilar is filed. No paper copies are required at this time. [11733357] (KT) [Entered: 06/25/2020 11:09 AM] |
| Filing 11 Submitted (ECF) Opening Brief for review. Submitted by Petitioner Marcos Antonio Diaz-Aguilar. Date of service: 06/25/2020. [11732936] [20-70027] (Spindler, Wayne) [Entered: 06/25/2020 12:20 AM] |
| Filing 10 Streamlined request [9] by Petitioner Marcos Antonio Diaz-Aguilar to extend time to file the brief is approved. Amended briefing schedule: Petitioner opening brief due 06/25/2020 for Marcos Antonio Diaz-Aguilar. Respondent brief due 08/26/2020 for William P. Barr, Attorney General. The optional reply brief is due 21 days from the date of service of the answering brief. [11701886] (BG) [Entered: 05/27/2020 07:51 AM] |
| Filing 9 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Petitioner Marcos Antonio Diaz-Aguilar. New requested due date is 06/25/2020. [11701769] [20-70027] (Spindler, Wayne) [Entered: 05/26/2020 08:57 PM] |
| Filing 8 Filed (ECF) Certified Administrative Record by Executive Office of Immigration Review. [11622715] [20-70027] (Executive Office Of Immigration Review, DOJ) [Entered: 03/09/2020 11:58 AM] |
| Filing 7 Filed clerk order (Deputy Clerk: NC): The certified administrative record (CAR) has not been filed. The CAR is now due March 27, 2020. The opening brief is due May 26, 2020; the answering brief is due July 27, 2020; and the optional reply brief is due within 21 days after service of the answering brief. [11621300] (OC) [Entered: 03/06/2020 02:49 PM] |
| Filing 6 Filed order (Appellate Commissioner): The motion to proceed in forma pauperis (Docket Entry No. [ # 2 ]) is granted. The Clerk shall amend the docket to reflect this status. The certified administrative record remains due February 7, 2020. The opening brief is due April 7, 2020; the answering brief is due June 8, 2020; and the optional reply brief is due within 21 days after service of the answering brief. (Pro Mo) [11559191] (JPD) [Entered: 01/13/2020 09:51 AM] |
| Filing 5 Added Attorney(s) Andrew B. Insenga for party(s) Respondent William P. Barr, in case 20-70027. [11554044] (RR) [Entered: 01/07/2020 04:08 PM] |
| Filing 4 Filed (ECF) notice of appearance of Andrew B. Insenga (U.S. Department of Justice, Civil Division, Office of Immigration Litigation, P.O. Box 878, Ben Franklin Station, Washington, DC 20044) for Respondent William P. Barr. Date of service: 01/07/2020. (Party was previously proceeding pro se.) [11552732] [20-70027] (Insenga, Andrew) [Entered: 01/07/2020 05:02 AM] |
| Filing 3 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.) [11551045]. [20-70027] (CD) [Entered: 01/04/2020 05:40 PM] |
| Filing 2 Filed Petitioner Marcos Antonio Diaz-Aguilar motion to proceed In Forma Pauperis. Deficiencies: None. Served on 01/03/2020. [11551022] (BY) [Entered: 01/04/2020 09:45 AM] |
| Filing 1 FILED BIA Petition for Review. COUNSELED. Petitioner detained? NO. Certified Administrative Record due 02/07/2020. Petitioner opening brief due 04/07/2020 for Marcos Antonio Diaz-Aguilar. Respondent brief due 06/08/2020 for William P. Barr, Attorney General. Petitioner optional reply brief is due 21 days from service of respondent brief. [11551021] (BY) [Entered: 01/04/2020 09:44 AM] |
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