Loya-Leon v. Garland
| OSCAR LOYA-LEON |
| MERRICK B. GARLAND, ATTORNEY GENERAL |
| 21-1352 |
| December 16, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on July 3, 2023. A more recent docket listing may be available from PACER.
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Filing 40
MANDATE ISSUED William A. FLETCHER, Marsha S. BERZON, Eric D. MILLER [Entered: 07/03/2023 10:07 AM]
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Filing 39
MEMORANDUM DISPOSITION (William A. FLETCHER, Marsha S. BERZON, Eric D. MILLER) Each party shall bear its own costs. See Fed. R. App. P. 39(a)(4). PETITION DENIED IN PART, GRANTED IN PART, AND REMANDED. FILED AND ENTERED JUDGMENT. [Entered: 05/10/2023 09:09 AM]
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Filing 38
ARGUED AND SUBMITTED to William A. FLETCHER, Marsha S. BERZON, Eric D. MILLER. Audio and video recordings of the argument are available on the courts website at #https://www.ca9.uscourts.gov/media/. [Entered: 04/10/2023 11:09 AM]
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Filing 37
ACKNOWLEDGMENT of hearing notice filed by Kohsei Ugumori for Respondent Merrick B. Garland. [Entered: 03/20/2023 01:51 PM]
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Filing 36
CLIENT AUTHORIZATION of law school representation filed by Petitioner Oscar Loya-Leon. [Entered: 03/03/2023 12:22 PM]
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Filing 35
ACKNOWLEDGMENT of hearing notice filed by Mary Tanagho Ross for Petitioner Oscar Loya-Leon. [Entered: 03/01/2023 12:25 PM]
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Filing 34
Paper copies (6) of Reply Brief submitted at DE 32 by Petitioner Oscar Loya-Leon received. (Sent to panel). [Entered: 02/24/2023 11:08 AM]
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Filing 33
ORDER FILED. Reply Brief submitted at DE 32 by Petitioner Oscar Loya-Leon is filed. Within 7 days of this order, Petitioner must file 6 copies of the brief in paper format bound with gray 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: 02/17/2023 08:40 AM]
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Filing 32
REPLY BRIEF submitted for filing by Petitioner Oscar Loya-Leon.--[COURT UPDATE: Removed duplicate certificate of compliance] [Entered: 02/16/2023 11:54 AM] [Edited: 02/17/2023 08:37 AM]
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Filing 31
AUTHORIZATION for Pro Bono attorney(s) Geoffrey Barrett Kehlmann, Mary Tanagho Ross. See attached letter for details. [Entered: 02/01/2023 09:04 AM]
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Filing 30
NOTICE OF ORAL ARGUMENT on Monday, April 10, 2023 - 09:00 A.M. - Courtroom 1 - Scheduled Location: Pasadena 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. [Entered: 01/30/2023 09:09 AM]
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Filing 29
Paper copies (6) of Answering Brief submitted at DE 27 by Respondent Merrick B. Garland received. [Entered: 12/19/2022 04:43 PM]
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Filing 28
ORDER FILED. Answering Brief submitted at DE 27 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: 12/14/2022 12:04 PM]
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Filing 27
ANSWERING BRIEF submitted for filing by Respondent Merrick B. Garland. [Entered: 12/14/2022 10:08 AM]
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Filing 26
RESPONSE to notice of case being considered for oral argument filed by Mary Tanagho Ross. [Entered: 12/12/2022 12:33 PM]
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Filing 25
NOTICE: This case is being considered for an upcoming oral argument calendar in Pasadena, CA. Please review the Pasadena sitting dates for April 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 motoin within 3 business days of this notice, using the filing type: Motion to Refer to Mediation. [Entered: 12/09/2022 09:26 AM]
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Filing 24
Paper copies (6) of Opening Brief submitted at DE 19 by Petitioner Oscar Loya-Leon received 10/21/2022. [Entered: 10/24/2022 10:52 AM]
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Filing 23
TERMINATED participation of Counsel for Respondent Nehal Kamani representing Respondent Merrick B. Garland. [Entered: 10/24/2022 08:32 AM]
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Filing 22
ADDED Counsel for Respondent Kohsei Ugumori for Respondent Merrick B. Garland. [Entered: 10/24/2022 08:30 AM]
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Filing 21
NOTICE OF APPEARANCE by Kohsei Ugumori for Merrick B. Garland replacing Nehal Kamani. [Entered: 10/24/2022 06:07 AM]
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Filing 20
ORDER FILED. Opening Brief submitted at DE 19 by Petitioner Oscar Loya-Leon 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: 10/14/2022 12:23 PM]
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Filing 19
OPENING BRIEF submitted for filing by Petitioner Oscar Loya-Leon. [Entered: 10/14/2022 09:53 AM]
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Filing 18
CERTIFICATION for law student representation form filed by Petitioner Oscar Loya-Leon. [Entered: 09/16/2022 10:42:00 AM]
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Filing 17
ADDED Counsel for Petitioner Mary Tanagho Ross for Petitioner Oscar Loya-Leon. [Entered: 08/24/2022 03:57:00 PM]
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Filing 16
ADDED Counsel for Petitioner Geoffrey Barrett Kehlmann for Petitioner Oscar Loya-Leon. [Entered: 08/24/2022 03:55:00 PM]
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Filing 15
ORDER FILED. Pursuant to this courts May 27, 2022 order, Geoffrey B. Kehlmann, Esq., Mary Tanagho Ross, Esq., and the Loyola Law School, are hereby appointed to represent petitioner for purposes of this petition for review only. The Clerk will amend the docket to reflect that Geoffrey B. Kehlmann, Esq., Loyola Law School, 919 Albany Street, Los Angeles, CA 90015, Email: geoffrey.kehlmann@lls.edu, and Mary Tanagho Ross, Esq., Public Counsel, 610 S Ardmore Ave., Los Angeles, CA, 90005, Email: mross@publiccounsel.org, are pro bono counsel of record for petitioner. Briefing will proceed as follows: the opening brief is due October 14, 2022; the answering brief is due December 16, 2022; and the optional reply brief is due February 17, 2023. This petition will be calendared for oral argument during the month of April 2023. Counsel are advised this petition for review has been expedited and extensions of time for briefing will not be granted absent a showing of extraordinary and compelling circumstances. Appellate ECF requests for streamlined or automatic extensions of time will not be granted, and any such relief must be requested in a written motion pursuant to Ninth Circuit Rule 31-2.2(b). The Clerk will serve this order on petitioner, as well as on all counsel. If petitioner objects to the courts appointment of counsel in this petition, petitioner shall file a written objection within 14 days after the date of this order. [Entered: 08/24/2022 03:52:00 PM]
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Filing 14
ORDER FILED. Jay S. BYBEE, Andrew D. HURWITZ The motion for a stay of removal (Docket Entry No. 2) is granted. See Nken v. Holder, 556 U.S. 418 (2009); Leiva-Perez v. Holder, 640 F.3d 962 (9th Cir. 2011). The stay of removal remains in place until issuance of the mandate. The court has determined that appointment of pro bono counsel would benefit the courts review in this petition. The motion for appointment of counsel (Docket Entry No. 4) is therefore granted. When the court locates counsel, the court will issue an order appointing counsel to represent petitioner before this court and setting a new briefing schedule. The briefing schedule set on December 16, 2021, is vacated. [Entered: 05/27/2022 10:37:00 AM]
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Filing 13
ORDER FILED. Paper Streamlined Request for Extension of Time to File Brief (DE 12) denied as unnecessary. The briefing schedule is stayed. [Entered: 03/10/2022 02:51:00 PM]
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Filing 12
STREAMLINED request for extension of time to file opening brief for 30 days filed by Petitioner Oscar Loya-Leon. [Entered: 03/10/2022 02:44:00 PM]
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Filing 11
OPPOSITION to motion to stay removal filed by Respondent Merrick B. Garland. [Entered: 02/08/2022 09:10:00 AM]
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Filing 10
CERTIFIED ADMINISTRATIVE RECORD filed. [Entered: 01/25/2022 05:06:00 AM]
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Filing 9
ORDER FILED. Motion to Proceed In Forma Pauperis or Form 4 (DE 3) granted. [Entered: 01/10/2022 05:43:00 PM]
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Filing 8
ADDED Nehal Kamani for Respondent Merrick B. Garland. [Entered: 12/17/2021 10:42:00 AM]
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Filing 7
NOTICE OF APPEARANCE by Nehal Kamani for Merrick B. Garland. [Entered: 12/17/2021 08:58:00 AM]
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Filing 6
BRIEFING SCHEDULE NOTICE. Certified Administrative Record due 1/20/2022, Respondent Response to Stay Motion (Filed with PFR) due 2/10/2022, Petitioner Opening Brief due 3/21/2022, Respondent Answering Brief due 5/20/2022. 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: 12/16/2021 01:44:00 PM]
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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 12/16/2021. The U.S. Court of Appeals docket number 21-1352 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: 12/16/2021 01:42:00 PM]
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Filing 4
MOTION for appointment of counsel filed by Petitioner(s). [Entered: 12/16/2021 12:19:00 PM]
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Filing 3
MOTION to proceed in forma pauperis filed by Petitioner(s). [Entered: 12/16/2021 12:18:00 PM]
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Filing 2
MOTION TO STAY REMOVAL filed by Petitioner(s); REMOVAL STAYED pending further order of the court per General Order 6.4(c). [Entered: 12/16/2021 12:18:00 PM]
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Filing 1
PETITION FOR REVIEW filed by Petitioner(s). [Entered: 12/16/2021 12:17:00 PM]
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| Petitioner: OSCAR LOYA-LEON | |
| Represented By: | Geoffrey Barrett Kehlmann |
| Represented By: | Mrs. Mary Tanagho Ross |
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| Respondent: MERRICK B. GARLAND, ATTORNEY GENERAL | |
| Represented By: | OIL |
| Represented By: | Mr. Kohsei Ugumori |
| Represented By: | Mrs. Nehal Kamani |
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