De Leon Gomez v. Garland
| URBANO DE LEON GOMEZ |
| MERRICK B. GARLAND, ATTORNEY GENERAL |
| 21-1061 |
| November 4, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 42 MOTION to Submit Case on Briefs Without Oral Argument filed by Respondent Merrick B. Garland. [Entered: 11/01/2023 09:49 AM] |
| Filing 41 NOTICE OF ORAL ARGUMENT on Monday, December 11, 2023 - 10:00 A.M. - Courtroom 1 - Scheduled Location: San Francisco CA 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, you may appear in person at the Courthouse or remotely by video. At this time, even when in person hearings resume, an election to appear remotely by video will not require a motion, and any attorney wishing to appear in person must provide proof of vaccination. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you at least two weeks before the argument date to review any requirements for in person appearance or to make any necessary arrangements for remote appearance. Please note however that if you wish to appear remotely by telephone you will need to file a motion requesting permission to do so. Be sure to review the #GUIDELINES for important information about your hearing. If you are the specific attorney or self-represented party who will be arguing, use the ACKNOWLEDGMENT OF HEARING NOTICE filing type in ACMS no later than 28 days before the hearing date. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice. [21-1061] [Entered: 10/01/2023 06:17 AM] |
| Filing 40 NOTICE: This case is being considered for an upcoming oral argument calendar in San Francisco. Please review the San Francisco sitting dates for December 2023 and the subsequent sitting month in that location at #http://www.ca9.uscourts.gov/court_sessions. Absent an irreconcilable conflict, the court expects you to appear and argue your case during one of these two months. If you have an irreconcilable conflict on any of the dates, please consult with opposing counsel to propose an alternate date and/or location and file Form 32 (#http://www.ca9.uscourts.gov/forms/form32.pdf) within 3 business days of this notice using the ACMS filing type Response to Case Being Considered for Oral Argument. Please follow the form's instructions (#http://www.ca9.uscourts.gov/forms/form32instructions.pdf) carefully. 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 motion within 3 business days of this notice, using the filing type: Motion to Refer to Mediation. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. [21-1061] [Entered: 08/16/2023 03:21 PM] |
| Filing 39 Paper copies (6) of Answering Brief submitted at DE 37 by Respondent Merrick B. Garland received. [Entered: 04/26/2023 02:46 PM] |
Filing 38
ORDER FILED. Answering Brief submitted at DE 37 by Respondent Merrick B. Garland is filed. Within 7 days of this order, Respondent must file 6 copies of the brief in paper format bound with red front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The paper copies must be sent to the Clerks principal office. [Entered: 04/19/2023 05:28 PM]
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| Filing 37 ANSWERING BRIEF submitted for filing by Respondent Merrick B. Garland. [Entered: 04/19/2023 12:54 PM] |
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Filing 36
ORDER FILED. Respondent's unopposed motion (Docket Entry No. 35) for an extension of time to file the answering brief is granted. The respondent's answering brief is due April 20, 2023. The optional reply brief is due within 21 days after service of the answering brief. [Entered: 03/31/2023 02:21 PM]
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| Filing 35 MOTION to extend time to file answering brief filed by Respondent Merrick B. Garland. [Entered: 03/30/2023 09:29 AM] |
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Filing 34
ORDER FILED. Respondent's unopposed motion (Docket Entry No. 33) for an extension of time to file the answering brief is granted. The respondent's answering brief is due April 5, 2023. The optional reply brief is due within 21 days after service of the answering brief. [Entered: 02/27/2023 04:39 PM]
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| Filing 33 MOTION to extend time to file answering brief filed by Respondent Merrick B. Garland. [Entered: 02/27/2023 09:05 AM] |
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Filing 32
ORDER FILED. Respondent's unopposed motion (Docket Entry No. 31) for an extension of time to file the answering brief is granted. The respondent's answering brief is due March 6, 2023. The optional reply brief is due within 21 days after service of the answering brief. [Entered: 01/10/2023 12:03 PM]
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| Filing 31 MOTION to extend time to file answering brief filed by Respondent Merrick B. Garland. [COURT UPDATE: Attached corrected PDF of motion.] [Entered: 12/20/2022 07:04 AM] [Edited: 12/20/2022 10:28 AM] |
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Filing 30
ORDER FILED. Streamlined Request for Extension of Time to File Answering Brief for 30 days (DE 29) denied. Filer requested a previous extension of time. The filer must file a motion per 9th Cir. R. 31-2.2(b). [Entered: 12/16/2022 09:37 AM]
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| Filing 29 STREAMLINED request for extension of time to file answering brief for 30 days filed by Respondent Merrick B. Garland. [Entered: 12/16/2022 06:00 AM] |
| Filing 28 ADDED Counsel for Respondent Jennifer R. Khouri for Respondent Merrick B. Garland. [Entered: 11/09/2022 11:52 AM] |
| Filing 27 NOTICE OF APPEARANCE by Jennifer R. Khouri for Merrick B. Garland replacing OIL. [Entered: 11/09/2022 11:39 AM] |
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Filing 26
ORDER FILED. Lisa B. Fitzgerald, Appellate Commissioner. The governments motion for summary disposition (Docket Entry No. 25) is denied because the questions raised by this petition are sufficient to warrant full briefing. See 9th Cir. R. 3-6(a) (standard for summary disposition); see also United States v. Hooton, 693 F.2d 857, 858 (9th Cir. 1982). The answering brief is due January 3, 2023. The optional reply brief is due within 21 days of service of the answering brief. [Entered: 11/03/2022 02:28 PM]
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| Filing 25 MOTION for summary disposition filed by Respondent Merrick B. Garland. [COURT ENTERED FILING to correct DE 24] [Entered: 06/23/2022 02:01:00 PM] |
| Filing 24 DEFECTIVE --- ANSWERING BRIEF submitted for filing by Respondent Merrick B. Garland. [Entered: 06/23/2022 11:27:00 AM] [Wrong filing type used. Correct entry at DE 25.] [Edited: 06/23/2022 02:07:00 PM] |
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Filing 23
ORDER FILED. Streamlined Request for Extension of Time to File Answering Brief for 30 days (DE 22) granted. Amended briefing schedule: Respondent Answering Brief due 6/23/2022. Optional Reply Brief due 21 days after service of Answering Brief. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. [Entered: 05/19/2022 02:17:00 PM]
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| Filing 22 STREAMLINED request for extension of time to file answering brief for 30 days filed by Respondent Merrick B. Garland. [Entered: 05/19/2022 01:46:00 PM] |
| Filing 21 TERMINATED participation of Jennifer R. Khouri representing Respondent Merrick B. Garland. [Entered: 04/05/2022 03:14:00 PM] |
| Filing 20 ADDED Sarah E. Witri for Respondent Merrick B. Garland. [Entered: 04/05/2022 03:13:00 PM] |
| Filing 19 NOTICE OF APPEARANCE by Sarah E. Witri for Merrick B. Garland replacing Jennifer R. Khouri. [Entered: 04/05/2022 02:21:00 PM] |
| Filing 18 Paper copies (6) of Opening Brief submitted at DE 16 by Petitioner Urbano De Leon Gomez received 04/01/2022. [Entered: 04/04/2022 04:33:00 PM] |
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Filing 17
ORDER FILED. Opening Brief submitted at DE 16 by Petitioner Urbano De Leon Gomez is filed. Within 7 days of this order, Petitioner must file 6 copies of the brief in paper format bound with blue front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The paper copies must be sent to the Clerks principal office. [Entered: 03/28/2022 12:02:00 PM]
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| Filing 16 OPENING BRIEF submitted for filing by Petitioner Urbano De Leon Gomez. [Entered: 03/25/2022 01:24:00 PM] |
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Filing 15
ORDER FILED. Petitioners motion to reinstate this petition for review (Docket Entry No. 14) is granted. The order of dismissal for failure to prosecute (Docket Entry No. 12) is vacated, the petition for review is reinstated, and the temporary stay of removal is restored. Petitioners request (included in Docket Entry No. 14) for an extension of time to file the opening brief is granted. The opening brief is due March 25, 2022. The answering brief is due May 24, 2022. The optional reply brief is due within 21 days after service of the answering brief. [Entered: 03/15/2022 02:59:00 PM]
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| Filing 14 MOTION to reinstate case filed by Petitioner Urbano De Leon Gomez. [Entered: 03/14/2022 03:14:00 PM]--[COURT ENTERED FILING to correct DE 13.] |
| Filing 13 DEFECTIVE --- MOTION to extend time to file opening brief filed by Petitioner Urbano De Leon Gomez. [Entered: 03/14/2022 03:06:00 PM]--[Wrong filing type used. Correct entry at DE 14.] [Edited: 03/14/2022 03:16:00 PM] |
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Filing 12
ORDER FILED. Petitioner has failed to file the opening brief in this case. Pursuant to Ninth Circuit Rule 42-1, this case is dismissed for failure to prosecute. This order will be served on the agency and will become the mandate of the court in 21 days. [Entered: 03/11/2022 04:38:00 PM]
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Filing 11
ORDER FILED. Motion to Stay Removal (DE 1) not opposed. [Entered: 12/30/2021 11:30:00 AM]
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| Filing 10 STATEMENT OF NON-OPPOSITION TO MOTION TO STAY REMOVAL filed by Respondent Merrick B. Garland. [Entered: 12/29/2021 09:49:00 AM] |
| Filing 9 CERTIFIED ADMINISTRATIVE RECORD filed. [Entered: 12/08/2021 09:02:00 AM] |
| Filing 8 ADDED Jennifer R. Khouri for Respondent Merrick B. Garland. [Entered: 11/04/2021 10:46:00 AM] |
| Filing 7 NOTICE OF APPEARANCE by Jennifer R. Khouri for Merrick B. Garland. [Entered: 11/04/2021 10:40:00 AM] |
| Filing 6 BRIEFING SCHEDULE NOTICE. Certified Administrative Record due 12/9/2021, Respondent Response to Stay Motion (Filed with PFR) due 12/30/2021, Petitioner Opening Brief due 2/7/2022, Respondent Answering Brief due 4/8/2022. Optional Reply Brief due 21 days after service of Answering Brief. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. Failure of the petitioner to comply with this briefing schedule will result in automatic dismissal of the appeal. See 9th Cir. R. 42-1. [Entered: 11/04/2021 08:47:00 AM] |
| Filing 5 CASE OPENED. Petition for Review has been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit on 11/3/2021. The U.S. Court of Appeals docket number 21-1061 has been assigned to this case. All communications with the court must indicate this Court of Appeals docket number. Please carefully review the docket to ensure the name(s) and contact information are correct. It is your responsibility to alert the court if your contact information changes. Resources Available For more information about case processing and to assist you in preparing your brief, please review the Case Opening Information (for #attorneys and #pro se litigants), review the #Appellate Practice Guide, and counsel for petitioner(s) should also review the #Immigration Outline and consider contacting the court's #Appellate Mentoring Program for help with the brief and argument. [Entered: 11/04/2021 08:41:00 AM] |
| Filing 4 PETITION FOR REVIEW filed by Petitioner(s). [Entered: 11/04/2021 08:41:00 AM] |
| Filing 3 AGENCY DECISION on review dated 10/5/2021. [Entered: 11/04/2021 08:41:00 AM] |
| Filing 2 AGENCY DECISION on review dated 10/5/2021. [Entered: 11/04/2021 08:41:00 AM] |
| Filing 1 MOTION TO STAY REMOVAL filed by Petitioner(s); REMOVAL STAYED pending further order of the court per General Order 6.4(c). [Entered: 11/04/2021 08:41:00 AM] |
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| Petitioner: URBANO DE LEON GOMEZ | |
| Represented By: | James Phillip Vaughns |
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| Respondent: MERRICK B. GARLAND, ATTORNEY GENERAL | |
| Represented By: | Jennifer R. Khouri |
| Represented By: | Oil |
| Represented By: | Ms. Sarah E. Witri |
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