Marcelin, et al. v. Garland
Petitioner: KEMPES MARCELIN and MARIE HELENE CHERUBIN
Respondent: MERRICK B. GARLAND, ATTORNEY GENERAL
Case Number: 21-315
Filed: June 28, 2021
Court: U.S. Court of Appeals, Ninth Circuit
Nature of Suit: Other
Docket Report

This docket was last retrieved on March 18, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 18, 2022 Opinion or Order Filing 23 ORDER FILED. Pursuant to respondents unopposed motion (Docket Entry No. 22), the Clerk will close this courts docket for administrative purposes until further order of the court. This order is not a decision on the merits and has no impact on any stay of removal. No mandate will issue, and at any time any party may request that this immigration petition be reopened, or the court may reopen the petition sua sponte. Within 14 days after a determination at the agency level that petitioner is eligible for discretionary relief, the parties are expected to file a motion to remand. The parties may request a referral to mediation at any time it might benefit the case. [Entered: 03/18/2022 10:22:00 AM]
March 15, 2022 Filing 22 MOTION to administratively close case filed by Respondent Merrick B. Garland. [Entered: 03/15/2022 03:15:00 PM]
February 22, 2022 Opinion or Order Filing 21 ORDER FILED. Motion to Extend Time to File Answering Brief (DE 20) granted. Amended briefing schedule: Respondent Answering Brief due 3/30/2022. 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 03:47:00 PM]
February 18, 2022 Filing 20 MOTION to extend time to file answering brief filed by Respondent Merrick B. Garland. [Entered: 02/18/2022 03:51:00 PM]
December 22, 2021 Opinion or Order Filing 19 ORDER FILED. Motion to Extend Time to File Answering Brief (DE 18) granted. Amended briefing schedule: Respondent Answering Brief due 2/28/2022. 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: 12/22/2021 08:50:00 AM]
December 16, 2021 Filing 18 MOTION to extend time to file answering brief filed by Respondent Merrick B. Garland. [Entered: 12/16/2021 07:41:00 AM]
December 8, 2021 Filing 17 Paper copies (6) of Opening Brief submitted at DE 12 by Petitioners Kempes Marcelin and Marie Helene Cherubin received. [Entered: 12/08/2021 11:22:00 AM]
December 3, 2021 Filing 16 TERMINATED participation of Kimberly A. Burdge representing Respondent Merrick B. Garland. [Entered: 12/03/2021 10:51:00 AM]
December 3, 2021 Filing 15 ADDED Michele Yvette Frances Sarko for Respondent Merrick B. Garland. [Entered: 12/03/2021 10:50:00 AM]
December 3, 2021 Filing 14 NOTICE OF APPEARANCE by Michele Yvette Frances Sarko for Merrick B. Garland replacing Kimberly A. Burdge. [Entered: 12/03/2021 10:47:00 AM]
November 1, 2021 Filing 13 CLERK ORDER. Opening Brief submitted at DE 12 by Petitioner Kempes Marcelin, Petitioner Marie Helene Cherubin is filed. Within 7 days of this order, Petitioner, 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: 11/01/2021 09:13:00 AM]
October 29, 2021 Filing 12 OPENING BRIEF submitted for filing by Petitioner Kempes Marcelin, Petitioner Marie Helene Cherubin. [Entered: 10/29/2021 01:39:00 PM]
October 1, 2021 Opinion or Order Filing 11 ORDER FILED. Streamlined Request for Extension of Time to File Opening Brief for 30 days (DE 10) granted. Amended briefing schedule: Petitioner Opening Brief due 11/1/2021, Respondent Answering Brief due 12/30/2021. 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: 10/01/2021 09:16:00 AM]
September 30, 2021 Filing 10 STREAMLINED request for extension of time to file opening brief for 30 days filed by Petitioner Kempes Marcelin, Petitioner Marie Helene Cherubin. [Entered: 09/30/2021 09:36:00 PM]
August 5, 2021 Opinion or Order Filing 9 ORDER FILED Motion to Stay Removal (DE 2) not opposed. [Entered: 08/05/2021 01:53:00 PM]
August 5, 2021 Filing 8 STATEMENT OF NON-OPPOSITION TO MOTION TO STAY REMOVAL filed by Respondent. [Entered: 08/05/2021 04:28:00 AM]
July 20, 2021 Filing 7 CERTIFIED ADMINISTRATIVE RECORD filed. [Entered: 07/20/2021 01:25:00 PM]
July 2, 2021 Filing 6 ADDED Kimberly A. Burdge for Respondent Merrick B. Garland. [Entered: 07/02/2021 09:44:00 AM]
July 2, 2021 Filing 5 NOTICE OF APPEARANCE by Kimberly A. Burdge for Merrick B. Garland. [Entered: 07/02/2021 05:05:00 AM]
June 28, 2021 Filing 4 BRIEFING SCHEDULE NOTICE. Certified Administrative Record due 8/2/2021, Respondent Response to Stay Motion (Filed with PFR) due 8/23/2021, Petitioner Opening Brief due 10/1/2021, Respondent Answering Brief due 11/30/2021. 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: 06/28/2021 08:33:00 AM]
June 28, 2021 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 6/25/2021. The U.S. Court of Appeals docket number 21-315 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: 06/28/2021 08:27:00 AM]
June 25, 2021 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: 06/25/2021 10:35:00 PM]
June 25, 2021 Filing 1 PETITION FOR REVIEW filed by Petitioner(s). [Entered: 06/25/2021 10:34:00 PM]

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Petitioner: KEMPES MARCELIN
Represented By: Raya Thomas
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Petitioner: MARIE HELENE CHERUBIN
Represented By: Raya Thomas
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Respondent: MERRICK B. GARLAND, ATTORNEY GENERAL
Represented By: Oil
Represented By: Ms. Michele Yvette Frances Sarko
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