Alcazar-Martinez v. Garland
| DENIS W. ALCAZAR-MARTINEZ |
| MERRICK B. GARLAND, ATTORNEY GENERAL |
| 21-1382 |
| December 21, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 40 ACKNOWLEDGMENT of hearing notice filed by Evangeline G. Abriel for Petitioner Denis W. Alcazar-Martinez. Hearing in San Francisco - Courtroom 1 in San Francisco, on 11/17/2023 9:00:00 AM. Filer argument time: Sharing with another attorney. (Argument minutes: 7 minutes). Special accommodations: I wish to appear in person. Filer admission status: I certify that I am admitted to practice before this Court. [Entered: 11/10/2023 11:26 AM] |
| Filing 39 ACKNOWLEDGMENT of hearing notice filed by Michael Christopher Heyse for Respondent Merrick B. Garland. Hearing in San Francisco - Courtroom 1 in San Francisco, on 11/17/2023 9:00:00 AM. Filer argument time: By myself. (Argument minutes: [-]). Special accommodations: I wish to appear in person. Filer admission status: I certify that I am admitted to practice before this Court. [Entered: 10/31/2023 06:47 AM] |
| Filing 38 TERMINATED participation of Counsel for Respondent Erik R. Quick representing Respondent Merrick B. Garland. [Entered: 10/30/2023 10:45 AM] |
| Filing 37 ADDED Counsel for Respondent Michael Christopher Heyse [Entered: 10/30/2023 10:44 AM] |
| Filing 36 NOTICE OF APPEARANCE by Michael Christopher Heyse for Respondent Merrick B. Garland replacing Erik R. Quick. [Entered: 10/30/2023 07:39 AM] |
| Filing 35 AUTHORIZATION for Pro Bono attorney(s) Evangeline G. Abriel. See attached letter for details. [Entered: 09/05/2023 08:56 AM] |
| Filing 34 NOTICE OF ORAL ARGUMENT on Friday, November 17, 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. [21-1382] [Entered: 09/03/2023 06:20 AM] |
| Filing 33 Paper copies (7) of Reply Brief submitted at DE 31 by Petitioner Denis W. Alcazar-Martinez received. (sent to panel) [Entered: 09/01/2023 04:42 PM] |
Filing 32
ORDER FILED. Reply Brief submitted at DE 31 by Petitioner Denis W. Alcazar-Martinez 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: 08/24/2023 02:03 PM]
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| Filing 31 REPLY BRIEF submitted for filing by Petitioner Denis W. Alcazar-Martinez. [Entered: 08/23/2023 10:03 PM] |
| Filing 30 DEFECTIVE - REPLY BRIEF submitted for filing by Petitioner Denis W. Alcazar-Martinez. (Duplicate submission, correct entry is DE 31) [Entered: 08/23/2023 09:39 PM] [Edited: 08/24/2023 01:42 PM] |
| Filing 29 NOTICE: This case is being considered for an upcoming oral argument calendar in San Francisco. Please review the San Francisco sitting dates for November 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. [21-1382] [Entered: 07/19/2023 02:21 PM] |
| Filing 28 CERTIFICATION for law student representation form filed by Petitioner Denis W. Alcazar-Martinez. [Entered: 06/22/2023 05:42 PM] |
| Filing 27 Paper copies (6) of Answering Brief submitted at DE 25 by Respondent Merrick B. Garland received. [Entered: 06/21/2023 02:36 PM] |
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Filing 26
ORDER FILED. Answering Brief submitted at DE 25 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: 05/26/2023 01:35 PM]
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| Filing 25 ANSWERING BRIEF submitted for filing by Respondent Merrick B. Garland.--[COURT UPDATE: Attached corrected PDF]--[COURT UPDATE: Attached corrected PDF (corrected certificate of service)] [Entered: 05/25/2023 09:58 AM] [Edited: 05/30/2023 11:13 AM] |
| Filing 24 Paper copies (7) of Opening Brief submitted at DE 20 by Petitioner Denis W. Alcazar-Martinez received. [Entered: 05/05/2023 04:32 PM] |
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Filing 23
ORDER FILED. Opening Brief submitted at DE 20 by Petitioner Denis W. Alcazar-Martinez 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: 04/21/2023 10:15 AM]
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| Filing 22 CLIENT AUTHORIZATION of law school representation filed by Petitioner Denis W. Alcazar-Martinez. [Entered: 04/20/2023 06:13 PM] |
| Filing 21 DEFECTIVE --- OPENING BRIEF submitted for filing by Petitioner Denis W. Alcazar-Martinez.--[Duplicate entry, correct entry is DE 20] [Entered: 04/19/2023 11:55 PM] [Edited: 04/21/2023 10:13 AM] |
| Filing 20 OPENING BRIEF submitted for filing by Petitioner Denis W. Alcazar-Martinez.--[COURT UPDATE: Attached addendum] [Entered: 04/19/2023 11:53 PM] [Edited: 04/21/2023 10:13 AM] |
| Filing 19 ADDED Counsel for Petitioner Evangeline G. Abriel for Petitioner Denis W. Alcazar-Martinez. [Entered: 03/27/2023 02:28 PM] |
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Filing 18
ORDER FILED. Pursuant to this courts June 1, 2022 order, Evangeline G. Abriel, Esq., and the Santa Clara University School of Law, are hereby appointed to represent petitioner for purposes of this petition for review only. The Clerk will amend the docket to reflect that Evangeline G. Abriel, Esq., Santa Clara University School of Law, 500 El Camino Real, Santa Clara, CA 95053, Email: eabriel@scu.edu, is pro bono counsel of record for petitioner. Briefing will proceed as follows: the opening brief is due April 19, 2023; the answering brief is due June 20, 2023; and the optional reply brief is due August 23, 2023. This petition will be calendared for oral argument during the month of November 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: 03/27/2023 02:25 PM]
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| Filing 17 RESPONSE to Mail Returned (DE 16) filed by Respondent Merrick B. Garland. [Entered: 06/27/2022 08:12:00 AM] |
| Filing 16 MAIL RETURNED. Resending to: government's counsel, Erik R. Quick, for forwarding. [Entered: 06/22/2022 04:13:00 PM] |
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Filing 15
ORDER FILED. BYBEE, HURWITZ, and R. NELSON The governments motion to dismiss this petition for review for lack of jurisdiction (Docket Entry No. 14) is denied without prejudice to renewing the arguments in the answering brief. See Natl Indus. v. Republic Natl Life Ins. Co., 677 F.2d 1258, 1262 (9th Cir. 1982) (merits panel may consider appellate jurisdiction despite earlier denial of motion to dismiss). 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. Briefing remains stayed. 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. [Entered: 06/01/2022 02:17:00 PM]
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| Filing 14 MOTION to dismiss for lack of jurisdiction filed by Respondent Merrick B. Garland. [Entered: 01/31/2022 12:29:00 PM] |
| Filing 13 OPPOSITION to motion to stay removal filed by Respondent Merrick B. Garland. [Entered: 01/31/2022 12:19:00 PM] |
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Filing 12
ORDER FILED. Motion to Extend Time to File Certified Administrative Record (DE 10) granted. . [Entered: 01/27/2022 01:44:00 PM]
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| Filing 11 CERTIFIED ADMINISTRATIVE RECORD filed. [Entered: 01/26/2022 10:51:00 AM] |
| Filing 10 MOTION to extend time to file Certified Administrative Record filed by Respondent Merrick B. Garland. [Entered: 01/25/2022 09:47:00 AM] |
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Filing 9
ORDER FILED. Motion to Proceed In Forma Pauperis or Form 4 (DE 3) granted. [Entered: 01/14/2022 06:22:00 AM]
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| Filing 8 ADDED Erik R. Quick for Respondent Merrick B. Garland. [Entered: 12/22/2021 08:40:00 AM] |
| Filing 7 NOTICE OF APPEARANCE by Erik R. Quick for Merrick B. Garland. [Entered: 12/22/2021 05:55:00 AM] |
| Filing 6 BRIEFING SCHEDULE NOTICE. Certified Administrative Record due 1/25/2022, Respondent Response to Stay Motion (Filed with PFR) due 2/15/2022, Petitioner Opening Brief due 3/28/2022, Respondent Answering Brief due 5/25/2022. 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: 12/21/2021 11:18:00 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 12/21/2021. The U.S. Court of Appeals docket number 21-1382 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: 12/21/2021 11:13:00 AM] |
| Filing 4 MOTION for appointment of counsel filed by Petitioner(s). [Entered: 12/21/2021 11:05:00 AM] |
| Filing 3 MOTION to proceed in forma pauperis filed by Petitioner(s). [Entered: 12/21/2021 11:05:00 AM] |
| 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: 12/21/2021 11:04:00 AM] |
| Filing 1 PETITION FOR REVIEW filed by Petitioner(s). [Entered: 12/21/2021 11:04:00 AM] |
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| Petitioner: DENIS W. ALCAZAR-MARTINEZ | |
| Represented By: | Ms. Evangeline G. Abriel |
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| Respondent: MERRICK B. GARLAND, ATTORNEY GENERAL | |
| Represented By: | Mr. Michael Christopher Heyse |
| Represented By: | Oil |
| Represented By: | Mr. Erik R. Quick |
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