Mercado Arechiga v. Garland
| ERICK MERCADO ARECHIGA |
| MERRICK B. GARLAND, U.S. ATTORNEY GENERAL |
| 21-243 |
| June 11, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on July 17, 2023. A more recent docket listing may be available from PACER.
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Filing 58
ORDER FILED. Sidney R. THOMAS, Eric D. MILLER, Gabriel P. SANCHEZ After we granted in part his petition for review, Petitioner Erick Mercado Arechiga filed a motion to recover attorneys fees under the Equal Access to Justice Act, 28 U.S.C. 2412(d). Under that Act, a prevailing litigant can recover attorneys fees from the Government unless the court finds that the position of the United States was substantially justified or that special circumstances make an award unjust. Id. 2412(d)(1)(A). Reviewing the briefing and the record, we conclude that the Governments position in this case was substantially justified. The Government acknowledged that an immigration courts particularly serious crime determination cannot rest solely on the elements of conviction, Flores-Vega v. Barr, 932 F.3d 878, 885 (9th Cir. 2019), and an immigration court must consider the circumstances and underlying facts of the conviction, Bare v. Barr, 975 F.3d 952, 961 (9th Cir. 2020) (In re N-A-M-, 24 I. & N. Dec. 336, 342 (B.I.A. 2007)). Though it is contrary to the Majoritys view, the Governments view that the immigration court considered the underlying circumstances and facts has some basis in the record. For example, the Board stated that the immigration judge found that the underlying facts were consistent with a particularly serious crime. Accordingly, Petitioner's motion for attorneys fees, Dkt. 55, is DENIED. [Entered: 07/17/2023 12:34 PM]
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Filing 57
MOTION to extend time to reply to Response to Motion for Attorneys Fees (DE 56) filed by Petitioner Erick Mercado Arechiga. [Entered: 07/17/2023 11:42 AM]
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Filing 56
RESPONSE to Motion for Attorneys Fees (DE 55) filed by Respondent Merrick B. Garland. [Entered: 07/12/2023 01:49 PM]
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Filing 55
MOTION for attorneys fees filed by Petitioner Erick Mercado Arechiga. [Entered: 07/03/2023 06:51 PM]
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Filing 54
MANDATE ISSUED Sidney R. THOMAS, Eric D. MILLER, Gabriel P. SANCHEZ [Entered: 04/25/2023 08:35 AM]
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Filing 53
TEXT CLERK ORDER: At the direction of the Court, each party shall bear its own costs on appeal. [Entered: 03/03/2023 03:49 PM]
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Filing 52
MEMORANDUM DISPOSITION WITH PARTIAL CONCURRENCE AND PARTIAL DISSENT (Sidney R. THOMAS, Eric D. MILLER, Gabriel P. SANCHEZ) PETITION GRANTED AND REMANDED IN PART, DISMISSED IN PART, AND DENIED IN PART. FILED AND ENTERED JUDGMENT. [Entered: 03/03/2023 10:10 AM]
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Filing 51
ARGUED AND SUBMITTED to Sidney R. THOMAS, Eric D. MILLER, Gabriel P. SANCHEZ. Audio and video recordings of the argument are available on the courts website at #https://www.ca9.uscourts.gov/media/. [Entered: 02/16/2023 02:36 PM]
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Filing 50
NOTICE OF ORAL ARGUMENT on Wednesday, February 15, 2023- 09:00 A.M. - Courtroom 1 - Scheduled Location: San Francisco 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: 02/06/2023 01:30 PM]
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Filing 49
ACKNOWLEDGMENT of hearing notice filed by Robert Michael Stalzer for Respondent Merrick B. Garland. [Entered: 01/31/2023 12:46 PM]
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Filing 48
ACKNOWLEDGMENT of hearing notice filed by Jean Elizabeth Reisz for Petitioner Erick Mercado Arechiga. [Entered: 01/19/2023 09:54 AM]
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Filing 47
NOTICE OF ORAL ARGUMENT on Thursday, February 16, 2023 - 09:00 A.M. - Courtroom 1 - Scheduled Location: San Francisco 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: 12/08/2022 01:30 PM]
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Filing 46
Paper copies (6) of Reply Brief submitted at DE 44 by Petitioner Erick Mercado Arechiga received. (sent to panel) [Entered: 12/02/2022 02:43 PM]
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Filing 45
ORDER FILED. Reply Brief submitted at DE 44 by Petitioner Erick Mercado Arechiga 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: 11/29/2022 11:55 AM]
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Filing 44
REPLY BRIEF submitted for filing by Petitioner Erick Mercado Arechiga. [Entered: 11/28/2022 10:51 PM]
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Filing 43
ORDER FILED. Streamlined Request for Extension of Time to File Reply Brief for 30 days (DE 42) granted. Amended briefing schedule: Optional Reply Brief due 11/28/2022. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. [Entered: 10/26/2022 09:13 AM]
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Filing 42
STREAMLINED request for extension of time to file reply brief for 30 days filed by Petitioner Erick Mercado Arechiga. [Entered: 10/25/2022 09:39 PM]
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Filing 41
NOTICE: This case is being considered for an upcoming oral argument calendar in San Francisco, CA on February 15-17, 2023. Please review the San Francisco, CA sitting dates for February 2023 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. Court Update: Date Corrected. [Entered: 10/25/2022 10:14 AM] [Edited: 10/26/2022 09:05 AM]
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Filing 40
Paper copies (6) of Answering Brief submitted at DE 38 by Respondent Merrick B. Garland received. [Entered: 10/17/2022 03:44 PM]
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Filing 39
ORDER FILED. Answering Brief submitted at DE 38 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: 10/06/2022 02:38:00 PM]
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Filing 38
ANSWERING BRIEF submitted for filing by Respondent Merrick B. Garland. [Entered: 10/06/2022 02:08:00 PM]
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Filing 37
ORDER FILED. Respondent's unopposed motion (Docket Entry No. 36) for an extension of time to file the answering brief is granted. The respondent's answering brief is due October 6, 2022. The optional reply brief is due within 21 days after service of the answering brief. [Entered: 09/08/2022 01:42:00 PM]
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Filing 36
MOTION to extend time to file answering brief filed by Respondent Merrick B. Garland. [Entered: 09/06/2022 03:12:00 PM]
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Filing 35
ORDER FILED. Respondent's unopposed motion (Docket Entry No. 34) for an extension of time to file the answering brief is granted. The respondent's answering brief is due September 6, 2022. The optional reply brief is due within 21 days after service of the answering brief. [Entered: 07/06/2022 04:52:00 PM]
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Filing 34
MOTION to extend time to file answering brief filed by Respondent Merrick B. Garland. [Entered: 07/05/2022 11:22:00 AM]
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Filing 33
ORDER FILED. Streamlined Request for Extension of Time to File Answering Brief for 30 days (DE 32) granted. Amended briefing schedule: Respondent Answering Brief due 7/5/2022. 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: 06/03/2022 08:52:00 AM]
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Filing 32
STREAMLINED request for extension of time to file answering brief for 30 days filed by Respondent Merrick B. Garland. [Entered: 06/03/2022 08:24:00 AM]
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Filing 31
Paper copies (6) of Opening Brief submitted at DE 26 by Petitioner Erick Mercado Arechiga received 04/08/2022. [Entered: 04/11/2022 09:40:00 AM]
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Filing 30
ORDER FILED. The court has received petitioners pro se motion (Docket Entry No. 29) for an extension of time to file the opening brief. Because petitioner is counseled, and counsel has submitted the opening brief, the court will take no action on petitioners pro se motion. The answering brief remains due June 3, 2022. The optional reply brief is due within 21 days after service of the answering brief. The Clerk will serve this order on petitioner at Otay Mesa Detention Center, P.O. Box 439049, San Diego, CA 92143. [Entered: 04/07/2022 04:56:00 PM]
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Filing 29
MOTION to extend time to file opening brief filed Petitioner Erick Mercado Arechiga. Deficiency: party has counsel. [Entered: 04/05/2022 04:04:00 PM]
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Filing 28
ORDER FILED. Opening Brief submitted at DE 26 by Petitioner Erick Mercado Arechiga 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: 04/05/2022 09:43:00 AM]
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Filing 27
ADDED Jean Elizabeth Reisz for Petitioner Erick Mercado Arechiga. [Entered: 04/05/2022 09:15:00 AM]
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Filing 26
OPENING BRIEF submitted for filing by Counsel for Petitioner Erick Mercado Arechiga. [Entered: 04/04/2022 11:20:00 PM] [Edited: 04/05/2022 09:40:00 AM]
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Filing 25
NOTICE OF APPEARANCE by Jean Elizabeth Reisz for Petitioner. [Entered: 04/04/2022 11:14:00 PM]
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Filing 24
ORDER FILED. Motion to Extend Time to File Opening Brief (DE 23) granted. Amended briefing schedule: Petitioner Opening Brief due 4/4/2022, Respondent Answering Brief due 6/3/2022. 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: 01/10/2022 11:48:00 AM]
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Filing 23
MOTION to extend time to file opening brief filed by Petitioner Erick Mercado Arechiga. [Entered: 01/03/2022 03:50:00 PM]
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Filing 22
ADDED Niels W. Frenzen for Petitioner Erick Mercado Arechiga. [Entered: 12/28/2021 09:33:00 AM]
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Filing 21
NOTICE OF APPEARANCE by Niels W. Frenzen for Erick Mercado Arechiga. [Entered: 12/27/2021 10:12:00 PM]
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Filing 20
ORDER FILED. Motion to Extend Time to File Opening Brief (DE 19) granted. Amended briefing schedule: Petitioner Opening Brief due 2/1/2022, Respondent Answering Brief due 4/4/2022. 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: 12/03/2021 02:38:00 PM]
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Filing 19
MOTION to extend time to file opening brief filed by Petitioner Erick Mercado Arechiga. [Entered: 12/01/2021 10:39:00 AM]
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Filing 18
ORDER FILED. Paper Streamlined Request for Extension of Time to File Brief (DE 17) granted. Amended briefing schedule: Petitioner Opening Brief due 12/16/2021, Respondent Answering Brief due 2/14/2022. 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: 10/08/2021 04:33:00 PM]
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Filing 17
STREAMLINED request for extension of time to file opening brief for 30 days filed by Petitioner Erick Mercado Arechiga. [Entered: 10/08/2021 04:30:00 PM]
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Filing 16
ORDER FILED Michael Daly HAWKINS, Kenneth K. LEE Motion for Appointment of Counsel (DE 10) denied. [Entered: 09/16/2021 11:17:00 AM]
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Filing 15
NOTICE of change of address filed by Petitioner Erick Mercado Arechiga. [Entered: 09/02/2021 07:40:00 AM]
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Filing 14
MAIL RETURNED. Resending to: Otay Detention Facility, 7488 Calzada De La Fuente, San Diego, CA 92154. [Entered: 08/27/2021 03:35:00 PM]
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Filing 13
ORDER FILED Motion to Stay Removal (DE 7) not opposed. [Entered: 08/12/2021 01:36:00 PM]
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Filing 12
CERTIFIED ADMINISTRATIVE RECORD filed. [Entered: 06/23/2021 12:22:00 PM]
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Filing 11
ORDER FILED. Motion to Proceed In Forma Pauperis or Form 4 (DE 9) granted. [Entered: 06/22/2021 03:14:00 PM]
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Filing 10
MOTION for appointment of counsel filed by Petitioner(s). [Entered: 06/15/2021 01:34:00 PM]
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Filing 9
MOTION to proceed in forma pauperis filed by Petitioner(s). [Entered: 06/15/2021 01:31:00 PM]
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Filing 8
Motion to Stay Removal filed; Respondent Response to Stay Motion (Filed after PFR) due 8/6/2021. [Entered: 06/15/2021 01:30:00 PM]
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Filing 7
MOTION TO STAY REMOVAL filed by Petitioner(s); REMOVAL STAYED pending further order of the court per General Order 6.4(c). [Entered: 06/15/2021 01:24:00 PM]
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Filing 6
ADDED Robert Michael Stalzer for Respondent Merrick B. Garland. [Entered: 06/15/2021 11:06:00 AM]
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Filing 5
NOTICE OF APPEARANCE by Robert Michael Stalzer for Merrick B. Garland. [Entered: 06/15/2021 10:56:00 AM]
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Filing 4
ORDER TO SHOW CAUSE. [Entered: 06/14/2021 04:55:00 PM]
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Filing 3
BRIEFING SCHEDULE NOTICE. Certified Administrative Record due 7/16/2021, Petitioner Opening Brief due 9/14/2021, Respondent Answering Brief due 11/15/2021. 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: 06/11/2021 02:24:00 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 6/11/2021. The U.S. Court of Appeals docket number 21-243 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: 06/11/2021 02:21:00 PM]
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Filing 1
PETITION FOR REVIEW filed by Petitioner(s). [Entered: 06/11/2021 02:00:00 PM]
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| Petitioner: ERICK MERCADO ARECHIGA | |
| Represented By: | Professor Niels W. Frenzen |
| Represented By: | Jean Elizabeth Reisz |
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| Respondent: MERRICK B. GARLAND, U.S. ATTORNEY GENERAL | |
| Represented By: | OIL |
| Represented By: | Robert Michael Stalzer |
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