Cruz-Alvarez v. Garland
| ALEJANDRO CRUZ-ALVAREZ |
| MERRICK B. GARLAND, ATTORNEY GENERAL |
| 21-1139 |
| November 12, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on October 20, 2023. A more recent docket listing may be available from PACER.
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Filing 27
MEMORANDUM DISPOSITION (Eugene E. Siler, Jacqueline H. NGUYEN, Ryan D. NELSON) In conclusion, this court finds no due process violation, so, petition for review of the Board of Immigration Appeals decision is DENIED. FILED AND ENTERED JUDGMENT. [Entered: 10/20/2023 10:33 AM]
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Filing 26
SUBMITTED ON THE BRIEFS to Eugene E. Siler, Jacqueline H. NGUYEN, Ryan D. NELSON. [Entered: 10/16/2023 03:54 PM]
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Filing 25
ORDER FILED. The court is of the unanimous opinion that the facts and legal argument are adequately presented in the briefs and record, and the decisional process would not be significantly aided by oral argument. Therefore, this matter is ordered submitted on the briefs and record without oral argument on Monday, October 16, 2023, in San Francisco, California. Fed. R. App. P. 34(a)(2)(C). [Entered: 09/29/2023 04:03 PM]
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Filing 24
ACKNOWLEDGMENT of hearing notice filed by Nicole Joann Thomas-Dorris for Respondent Merrick B. Garland. Hearing in San Francisco - Courtroom 1 in San Francisco, on 10/16/2023 9:00:00 AM. Filer argument time: By myself. (Argument minutes: [-]). Appearance in person or by video: I wish to appear by video. Special accommodations: No. Filer admission status: I certify that I am admitted to practice before this Court. [Entered: 09/28/2023 12:52 PM]
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Filing 23
NOTICE OF ORAL ARGUMENT on Monday, October 16, 2023 - 09:00 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. [21-1139] [Entered: 08/06/2023 06:21 AM]
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Filing 22
CITATION of supplemental authorities (28j Letter) filed by Respondent Merrick B. Garland. [Entered: 07/24/2023 12:04 PM]
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Filing 21
CITATION of supplemental authorities (28j Letter) filed by Respondent Merrick B. Garland. [Entered: 07/05/2023 02:34 PM]
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Filing 20
NOTICE: This case is being considered for an upcoming oral argument calendar in San Francisco. Please review the San Francisco sitting dates for October 2023 and the 2 subsequent sitting months in that location at #http://www.ca9.uscourts.gov/court_sessions. If you have an unavoidable conflict on either of the dates, please 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. 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 motion within 3 business days of this notice, using the filing type: Motion to Refer to Mediation. [21-1139] [Entered: 06/22/2023 01:41 PM]
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Filing 19
Paper copies (6) of Answering Brief submitted at DE 17 by Respondent Merrick B. Garland received. [Entered: 12/14/2022 03:11 PM]
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Filing 18
ORDER FILED. Answering Brief submitted at DE 17 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: 12/06/2022 04:03 PM]
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Filing 17
ANSWERING BRIEF submitted for filing by Respondent Merrick B. Garland. [Entered: 12/06/2022 02:32 PM]
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Filing 16
ORDER FILED. Streamlined Request for Extension of Time to File Answering Brief for 30 days (DE 15) granted. Amended briefing schedule: Immigration Respondent Answering Brief due 12/8/2022. 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. [Entered: 11/02/2022 02:35 PM]
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Filing 15
STREAMLINED request for extension of time to file answering brief for 30 days filed by Respondent Merrick B. Garland. [Entered: 11/02/2022 12:09 PM]
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Filing 14
Paper copies (6) of Opening Brief submitted at DE 11 by Petitioner Alejandro Cruz-Alvarez received. [Entered: 10/06/2022 03:57:00 PM]
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Filing 13
ORDER FILED. Opening Brief submitted at DE 11 by Petitioner Alejandro Cruz-Alvarez 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: 09/28/2022 04:42:00 PM]
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Filing 12
ORDER FILED. MURGUIA, Chief Circuit Judge. Petitioners motion to reinstate this petition for review (Docket Entry No. 10) is granted. The order of dismissal for failure to prosecute (Docket Entry No. 9) is vacated and the petition for review is reinstated. Petitioners request (included in Docket Entry No. 10) to accept the late opening brief is granted. The Clerk will file the opening brief submitted at Docket Entry No. 11. The answering brief is now due November 8, 2022. The optional reply brief is due within 21 days after service of the answering brief. [Entered: 09/28/2022 04:34:00 PM]
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Filing 11
OPENING BRIEF submitted for filing by Petitioner Alejandro Cruz-Alvarez. [Entered: 04/12/2022 04:42:00 PM]--[COURT UPDATE: attached PDF of addendum.] [Edited: 04/13/2022 01:59:00 PM]
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Filing 10
MOTION to reinstate case filed by Petitioner Alejandro Cruz-Alvarez. [Entered: 04/12/2022 04:38:00 PM]
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Filing 9
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: 03/15/2022 11:16:00 AM]
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Filing 8
ORDER FILED. Motion to Extend Time to File Certified Administrative Record (DE 6) denied as unnecessary. . [Entered: 12/16/2021 10:12:00 AM]
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Filing 7
CERTIFIED ADMINISTRATIVE RECORD filed. [Entered: 12/16/2021 09:45:00 AM]
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Filing 6
MOTION to extend time to file Certified Administrative Record filed by Respondent Merrick B. Garland. [Entered: 12/13/2021 02:12:00 PM]
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Filing 5
ADDED Nicole Joann Thomas-Dorris for Respondent Merrick B. Garland. [Entered: 11/16/2021 09:06:00 AM]
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Filing 4
NOTICE OF APPEARANCE by Nicole Joann Thomas-Dorris for Merrick B. Garland. [Entered: 11/16/2021 07:48:00 AM]
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Filing 3
BRIEFING SCHEDULE NOTICE. Certified Administrative Record due 12/17/2021, Petitioner Opening Brief due 2/15/2022, Respondent Answering Brief due 4/18/2022. 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: 11/12/2021 02:56:00 PM] [Edited: 11/12/2021 03:28:00 PM]
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Filing 2
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 11/12/2021. The U.S. Court of Appeals docket number 21-1139 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: 11/12/2021 02:44:00 PM]
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Filing 1
PETITION FOR REVIEW filed by Petitioner(s). [Entered: 11/12/2021 01:16:00 PM] COURT UPDATE: added agency decision. [Edited: 11/12/2021 02:51:00 PM]
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| Petitioner: ALEJANDRO CRUZ-ALVAREZ | |
| Represented By: | Mr. Randy Alexander |
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| Respondent: MERRICK B. GARLAND, ATTORNEY GENERAL | |
| Represented By: | Oil |
| Represented By: | Nicole Joann Thomas-Dorris |
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