Luevanos Valenzuela v. Garland
| RAMON LUEVANOS VALENZUELA |
| MERRICK B. GARLAND, ATTORNEY GENERAL |
| 21-1275 |
| December 6, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 27 MANDATE ISSUED Richard A. PAEZ, Paul J. WATFORD, Danielle J. FORREST [Entered: 06/13/2023 04:19 PM] |
Filing 26
ORDER FILED. Richard A. PAEZ, Paul J. WATFORD, Danielle J. FORREST Petitioner seeks review of an order of the Board of Immigration Appeals (BIA) upholding an immigration judges denial of cancellation of removal and denying petitioners motion to remand. We lack jurisdiction to review the agencys denial of cancellation of removal as a matter of discretion. See 8 U.S.C. 1252(a)(2)(B)(i); Patel v. Garland, 142 S. Ct. 1614, 1622-23 (2022) (where the agency denies a form of relief listed in 8 U.S.C. 1252(a)(2)(B)(i), federal courts have jurisdiction to review constitutional claims and questions of law, but not factual findings and discretionary decisions). The petition does not raise a colorable legal or constitutional claim over which we retain jurisdiction. See 8 U.S.C. 1252(a)(2)(D); see also Torres-Aguilar v. INS, 246 F.3d 1267, 1271 (9th Cir. 2001) (abuse of discretion argument cloaked as due process claim is not colorable). The governments motion to dismiss in part this petition for lack of jurisdiction (Docket Entry No. 25) is granted. The BIA did not abuse its discretion in denying the motion to remand where petitioner failed to establish prima facie eligibility for cancellation of removal. See Ramirez-Munoz v. Lynch, 816 F.3d 1226, 1228 (9th Cir. 2016) (BIA may deny a motion to reopen for failure to establish prima facie eligibility for the relief sought); see also Rodriguez v. I.N.S., 841 F.2d 865, 867 (9th Cir. 1987) (requirements of a motion to reopen and a motion to remand are the same). The governments motion for summary disposition in part (Docket Entry No. 25) is granted because the questions raised in the opening brief are too insubstantial to warrant full briefing. See 9th Cir. R. 3-6(a) (standard for summary disposition). PETITION FOR REVIEW DISMISSED in part; DENIED in part. [Entered: 04/21/2023 02:09 PM]
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| Filing 25 MOTION for summary disposition and/or to dismiss for lack of Jurisdiction filed by Respondent Merrick B. Garland. [Entered: 01/31/2023 11:20 AM] |
| Filing 24 TERMINATED participation of Counsel for Respondent Anthony Cardozo Payne representing Respondent Merrick B. Garland. [Entered: 12/22/2022 11:05 AM] |
| Filing 23 ADDED Counsel for Respondent Joseph D. Hardy for Respondent Merrick B. Garland. [Entered: 12/22/2022 11:02 AM] |
| Filing 22 NOTICE OF APPEARANCE by Joseph D. Hardy for Respondent Merrick B. Garland replacing Anthony Cardozo Payne, OIL. [Entered: 12/22/2022 10:27 AM] |
| Filing 21 Paper copies (6) of Opening Brief submitted at DE 19 by Petitioner Ramon Luevanos Valenzuela received. [Entered: 12/19/2022 04:03 PM] |
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Filing 20
ORDER FILED. Opening Brief submitted at DE 19 by Petitioner Ramon Luevanos Valenzuela 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: 12/13/2022 12:33 PM]
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| Filing 19 OPENING BRIEF submitted for filing by Petitioner Ramon Luevanos Valenzuela. [Entered: 12/12/2022 02:37 PM] |
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Filing 18
ORDER FILED. Petitioner's unopposed motion (Docket Entry No. 17) for an extension of time to file the opening brief is granted. The opening brief is due December 12, 2022. The answering brief is due February 10, 2023. The optional reply brief is due within 21 days after service of the answering brief. [Entered: 09/27/2022 02:08:00 PM]
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| Filing 17 MOTION to extend time to file opening brief filed by Petitioner Ramon Luevanos Valenzuela. [Entered: 09/27/2022 08:08:00 AM] |
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Filing 16
ORDER FILED. Petitioner's unopposed motion (Docket Entry No. 15) for an extension of time to file the opening brief is granted. The opening brief is due October 11, 2022. The answering brief is due December 12, 2022. The optional reply brief is due within 21 days after service of the answering brief. [Entered: 07/07/2022 10:14:00 AM]
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| Filing 15 MOTION to extend time to file opening brief filed by Petitioner Ramon Luevanos Valenzuela. [Entered: 07/06/2022 09:24:00 AM] |
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Filing 14
ORDER FILED. Petitioner's unopposed motion (Docket Entry No. 13) for an extension of time to file the opening brief is granted. The opening brief is due July 11, 2022. The answering brief is due September 9, 2022. The optional reply brief is due within 21 days after service of the answering brief. [Entered: 04/01/2022 12:28:00 PM]
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| Filing 13 MOTION to extend time to file opening brief filed by Petitioner Ramon Luevanos Valenzuela. [Entered: 04/01/2022 10:14:00 AM] |
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Filing 12
ORDER FILED. Streamlined Request for Extension of Time to File Opening Brief for 30 days (DE 11) granted. Amended briefing schedule: Petitioner Opening Brief due 4/11/2022, Respondent Answering Brief due 6/10/2022. 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: 02/22/2022 03:48:00 PM]
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| Filing 11 STREAMLINED request for extension of time to file opening brief for 30 days filed by Petitioner Ramon Luevanos Valenzuela. [Entered: 02/22/2022 09:08:00 AM] |
| Filing 10 NOTICE OF APPEARANCE by Kati Ortiz for Ramon Luevanos Valenzuela. [Entered: 01/31/2022 02:52:00 PM] |
| Filing 9 CERTIFIED ADMINISTRATIVE RECORD filed. [Entered: 01/05/2022 08:06:00 AM] |
| Filing 8 ADDED Anthony Cardozo Payne for Respondent Merrick B. Garland. [Entered: 12/08/2021 09:58:00 AM] |
| Filing 7 NOTICE OF APPEARANCE by Anthony Cardozo Payne for Merrick B. Garland. [Entered: 12/08/2021 09:45:00 AM] |
| Filing 6 ADDED Jessica Danielle Strokus for Respondent Merrick B. Garland. [Entered: 12/08/2021 09:32:00 AM] |
| Filing 5 NOTICE OF APPEARANCE by Jessica Danielle Strokus for Merrick B. Garland. [Entered: 12/08/2021 09:19:00 AM] |
| Filing 4 BRIEFING SCHEDULE NOTICE. Certified Administrative Record due 1/10/2022, Petitioner Opening Brief due 3/11/2022, Respondent Answering Brief due 5/10/2022. 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: 12/06/2021 08:55:00 AM] |
| Filing 3 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 12/3/2021. The U.S. Court of Appeals docket number 21-1275 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: 12/06/2021 08:52:00 AM] |
| Filing 2 AGENCY DECISION on review dated 11/5/2021. [Entered: 12/03/2021 06:05:00 PM] |
| Filing 1 PETITION FOR REVIEW filed by Petitioner(s). [Entered: 12/03/2021 06:04:00 PM] |
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| Petitioner: RAMON LUEVANOS VALENZUELA | |
| Represented By: | Kati Ortiz |
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| Respondent: MERRICK B. GARLAND, ATTORNEY GENERAL | |
| Represented By: | Mr. Joseph D. Hardy |
| Represented By: | OIL |
| Represented By: | Jessica Danielle Strokus |
| Represented By: | Mr. Anthony Cardozo Payne |
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