Magana Magana v. Garland
Petitioner: RAMIRO MAGANA MAGANA
Respondent: MERRICK B. GARLAND, U.S. ATTORNEY GENERAL
Case Number: 21-30
Filed: May 7, 2021
Court: U.S. Court of Appeals, Ninth Circuit
Nature of Suit: Other
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Docket Report

This docket was last retrieved on August 8, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 8, 2022 Filing 27 MANDATE ISSUED John B. OWENS, Kenneth K. LEE, Patrick J. BUMATAY [Entered: 08/08/2022 08:58:00 AM]
June 16, 2022 Opinion or Order Filing 26 ORDER FILED. John B. OWENS, Kenneth K. LEE, Patrick J. BUMATAY Petitioner seeks review of an order of the Board of Immigration Appeals upholding an immigration judges denial of asylum, withholding of removal, and protection under the Convention Against Torture (CAT). Substantial evidence supports the agencys determination that petitioner failed to establish the harm he experienced or fears was or would be on account of a protected ground. See Zetino v. Holder, 622 F.3d 1007, 1016 (9th Cir. 2010) (an applicants desire to be free from harassment by criminals motivated by theft or random violence by gang members bears no nexus to a protected ground). Substantial evidence also supports the agencys denial of CAT protection because petitioner failed to show it is more likely than not he will be tortured by or with the consent or acquiescence of the government if returned to Mexico. See Aden v. Holder, 589 F.3d 1040, 1047 (9th Cir. 2009). Petitioners contentions that the agency erred by using incorrect legal standards to evaluate CAT and by failing to adequately address this claim are not supported by the record. The governments motion for summary disposition (Docket Entry No. 24) is granted because the questions on review are too insubstantial to warrant full briefing. See 9th Cir. R. 3-6(a) (standard for summary disposition). The temporary stay of removal remains in place until the mandate issues. PETITION FOR REVIEW DENIED. [Entered: 06/16/2022 12:32:00 PM]
February 25, 2022 Filing 25 RESPONSE to Motion for Summary Disposition (DE 24) filed by Petitioner Ramiro Magana Magana. [Entered: 02/25/2022 09:40:00 AM]
February 2, 2022 Filing 24 MOTION for summary disposition filed by Respondent Merrick B. Garland. [Entered: 02/02/2022 12:05:00 PM]
January 3, 2022 Opinion or Order Filing 23 ORDER FILED. Streamlined Request for Extension of Time to File Answering Brief for 30 days (DE 22) granted. Amended briefing schedule: Respondent Answering Brief due 2/2/2022. 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: 01/03/2022 01:04:00 PM]
January 3, 2022 Filing 22 STREAMLINED request for extension of time to file answering brief for 30 days filed by Respondent Merrick B. Garland. [Entered: 01/03/2022 07:34:00 AM]
November 8, 2021 Filing 21 Paper copies (6) of Opening Brief submitted at DE 19 by Petitioner Ramiro Magana Magana received. [Entered: 11/08/2021 03:45:00 PM]
November 4, 2021 Filing 20 CLERK ORDER. Opening Brief submitted at DE 19 by Petitioner Ramiro Magana Magana 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: 11/04/2021 10:03:00 AM]
November 3, 2021 Filing 19 OPENING BRIEF submitted for filing by Petitioner Ramiro Magana Magana. [Entered: 11/03/2021 10:49:00 PM]
October 5, 2021 Opinion or Order Filing 18 ORDER FILED Motion to Extend Time to File Opening Brief (DE 17) granted. Amended briefing schedule: Petitioner Opening Brief due 11/3/2021, Respondent Answering Brief due 1/3/2022. 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: 10/05/2021 01:37:00 PM]
October 4, 2021 Filing 17 MOTION to extend time to file opening brief filed by Petitioner Ramiro Magana Magana. [Entered: 10/04/2021 02:09:00 PM]
September 3, 2021 Opinion or Order Filing 16 ORDER FILED Motion to Extend Time to File Opening Brief (DE 15) granted. Amended briefing schedule: Petitioner Opening Brief due 10/4/2021, Respondent Answering Brief due 12/3/2021. 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. [Entered: 09/03/2021 04:18:00 PM]
August 31, 2021 Filing 15 MOTION to extend time to file opening brief filed by Petitioner Ramiro Magana Magana. [Entered: 08/31/2021 02:15:00 PM]
June 15, 2021 Opinion or Order Filing 14 ORDER FILED. Motion to Stay Removal (DE 1) not opposed. [Entered: 06/15/2021 01:18:00 PM]
June 15, 2021 Filing 13 STATEMENT OF NON-OPPOSITION TO MOTION TO STAY REMOVAL filed by Respondent. [Entered: 06/15/2021 10:49:00 AM]
May 27, 2021 Filing 12 ADDED Kathleen Kelly Volkert for Respondent Merrick B. Garland. [Entered: 05/27/2021 12:30:00 PM]
May 27, 2021 Filing 11 ADDED Anthony Cardozo Payne for Respondent Merrick B. Garland. [Entered: 05/27/2021 12:29:00 PM]
May 27, 2021 Filing 10 NOTICE OF APPEARANCE by Kathleen Kelly Volkert for Merrick B. Garland. [Entered: 05/27/2021 12:04:00 PM]
May 27, 2021 Filing 9 NOTICE OF APPEARANCE by Anthony Cardozo Payne for Merrick B. Garland. [Entered: 05/27/2021 11:57:00 AM]
May 26, 2021 Filing 8 CERTIFIED ADMINISTRATIVE RECORD filed. [Entered: 05/26/2021 10:23:00 AM]
May 11, 2021 Filing 7 FEE PAID by Petitioner(s), receipt #4709005024. [Entered: 05/11/2021 04:08:00 PM]
May 10, 2021 Opinion or Order Filing 6 ORDER TO SHOW CAUSE. [Entered: 05/10/2021 02:26:00 PM]
May 7, 2021 Filing 5 BRIEFING SCHEDULE NOTICE. Certified Administrative Record due 6/11/2021, Respondent Response to Stay Motion (Filed with PFR) due 7/2/2021, Petitioner Opening Brief due 8/10/2021, Respondent Answering Brief due 10/12/2021. 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: 05/07/2021 09:34:00 AM]
May 7, 2021 Filing 4 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 5/7/2021. The U.S. Court of Appeals docket number 21-30 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: 05/07/2021 09:31:00 AM]
May 7, 2021 Filing 3 AGENCY DECISION on review dated 4/9/2021. [Entered: 05/07/2021 08:27:00 AM]
May 7, 2021 Filing 2 PETITION FOR REVIEW filed by Petitioner(s). [Entered: 05/07/2021 08:25:00 AM]
May 7, 2021 Filing 1 MOTION TO STAY REMOVAL filed by Petitioner(s); REMOVAL STAYED pending further order of the court per General Order 6.4(c). [Entered: 05/07/2021 08:25:00 AM]

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Petitioner: RAMIRO MAGANA MAGANA
Represented By: Ms. Monica Ganjoo
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Respondent: MERRICK B. GARLAND, U.S. ATTORNEY GENERAL
Represented By: OIL
Represented By: Mr. Anthony Cardozo Payne
Represented By: Kathleen Kelly Volkert
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