Phan v. Garland
Petitioner: DUC DUY PHAN
Respondent: MERRICK B. GARLAND, ATTORNEY GENERAL
Case Number: 21-385
Filed: July 12, 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 December 20, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 20, 2023 Filing 31 STATUS REPORT filed by Respondent Merrick B. Garland. [Entered: 12/20/2023 08:37 AM]
September 22, 2023 Filing 30 STATUS REPORT filed by Respondent Merrick B. Garland. [Entered: 09/22/2023 11:53 AM]
July 7, 2023 Filing 29 STATUS REPORT (as required by Court order) filed by Respondent Merrick B. Garland. [Entered: 07/07/2023 01:09 PM]
June 29, 2023 Filing 28 STATUS REPORT (as required by Court order) filed by Respondent Merrick B. Garland. [Entered: 06/29/2023 06:52 AM]
April 3, 2023 Opinion or Order Filing 27 ORDER FILED. Respondents unopposed motion (Docket Entry No. 26) to continue the stay of appellate proceedings is granted. Appellate proceedings are stayed until adjudication by the United States Supreme Court of Garland v. Singh, No. 22-884, or until further order of this court. Respondent shall file a status report on June 29, 2023 and every 90 days thereafter while Garland v. Singh is pending. Status reports should include: any change in the status of Garland v. Singh; and the estimated date of adjudication, if known. Respondent shall notify the court by filing a status report within 7 days of the adjudication of Garland v. Singh. Failure to file a status report may terminate the stay of appellate proceedings. The remaining briefing schedule will be reset in a future order. [Entered: 04/03/2023 04:05 PM]
March 24, 2023 Filing 26 MOTION to stay proceedings in this court filed by Respondent Merrick B. Garland. [Entered: 03/24/2023 06:59 AM]
February 21, 2023 Opinion or Order Filing 25 ORDER FILED. The governments unopposed motion (Docket Entry No. 24) to continue the stay of appellate proceedings is granted. Appellate proceedings are stayed until March 27, 2023. If no motion for further relief is filed before this date, the remaining briefing schedule will be reset in a future order. [Entered: 02/21/2023 04:14 PM]
February 10, 2023 Filing 24 MOTION to hold case in abeyance filed by Respondent Merrick B. Garland. [Entered: 02/10/2023 07:09 AM]
December 12, 2022 Opinion or Order Filing 23 ORDER FILED. The governments unopposed motion (Docket Entry No. 22) to continue the stay of appellate proceedings is granted. Appellate proceedings are stayed until February 10, 2023. If no motion for further relief is filed before this date, the remaining briefing schedule will be reset in a future order. [Entered: 12/12/2022 01:51 PM]
December 8, 2022 Filing 22 MOTION to hold case in abeyance filed by Respondent Merrick B. Garland. [Entered: 12/08/2022 10:38 AM]
October 27, 2022 Opinion or Order Filing 21 ORDER FILED. The governments motion (Docket Entry No. 20) to continue the stay of appellate proceedings is granted. Appellate proceedings are stayed until December 12, 2022. If no motion for further relief is filed before this date, the remaining briefing schedule will be reset in a future order. [Entered: 10/27/2022 10:15 AM]
October 13, 2022 Filing 20 MOTION to hold case in abeyance filed by Respondent Merrick B. Garland. [Entered: 10/13/2022 01:29 PM]
July 15, 2022 Opinion or Order Filing 19 ORDER FILED. The governments unopposed motion (Docket Entry No. 18) to continue the stay of appellate proceedings is granted. Appellate proceedings are stayed until October 13, 2022. If no motion for further relief is filed before this date, the remaining briefing schedule will be reset in a future order. [Entered: 07/15/2022 04:17:00 PM]
July 7, 2022 Filing 18 MOTION to hold case in abeyance filed by Respondent Merrick B. Garland. [Entered: 07/07/2022 12:19:00 PM]
April 8, 2022 Opinion or Order Filing 17 ORDER FILED. The governments unopposed motion (Docket Entry No. 16) to continue the stay of appellate proceedings is granted. Appellate proceedings are stayed until July 11, 2022. If no motion for further relief is filed before this date, the remaining briefing schedule will be reset in a future order. [Entered: 04/08/2022 10:58:00 AM]
April 6, 2022 Filing 16 MOTION to hold case in abeyance filed by Respondent Merrick B. Garland. [Entered: 04/06/2022 10:46:00 AM]
February 14, 2022 Opinion or Order Filing 15 ORDER FILED. Motion to Hold in Abeyance (DE 14) granted. [Entered: 02/14/2022 12:25:00 PM]
February 8, 2022 Filing 14 STATUS REPORT (as required by Court order) filed by Respondent Merrick B. Garland. [Entered: 02/08/2022 09:51:00 AM]
December 27, 2021 Opinion or Order Filing 13 ORDER FILED. Motion to Hold in Abeyance (DE 12) granted. Respondent Status Report due 3/28/2022 [Entered: 12/27/2021 03:22:00 PM]
December 17, 2021 Filing 12 MOTION to hold case in abeyance filed by Respondent Merrick B. Garland. [Entered: 12/17/2021 10:03:00 AM]
November 22, 2021 Filing 11 Paper copies (6) of Opening Brief submitted at DE 9 by Petitioner Duc Duy Phan received. [Entered: 11/22/2021 04:48:00 PM]
November 16, 2021 Opinion or Order Filing 10 ORDER FILED. Opening Brief submitted at DE 9 by Petitioner Duc Duy Phan 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: 11/16/2021 11:49:00 AM]
November 14, 2021 Filing 9 OPENING BRIEF submitted for filing by Petitioner Duc Duy Phan. [Entered: 11/14/2021 11:05:00 PM]--[COURT UPDATE: attached corrected PDF of opening brief, addendum.] [Edited: 11/16/2021 11:37:00 AM]
October 13, 2021 Opinion or Order Filing 8 ORDER FILED. Streamlined Request for Extension of Time to File Opening Brief for 30 days (DE 7) granted. Amended briefing schedule: Petitioner Opening Brief due 11/15/2021, Respondent Answering Brief due 1/13/2022. 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: 10/13/2021 04:31:00 PM]
October 13, 2021 Filing 7 STREAMLINED request for extension of time to file opening brief for 30 days filed by Petitioner Duc Duy Phan. [Entered: 10/13/2021 03:00:00 PM]
July 27, 2021 Filing 6 CERTIFIED ADMINISTRATIVE RECORD filed. [Entered: 07/27/2021 07:40:00 AM]
July 13, 2021 Filing 5 ADDED Stefanie A. Svoren-Jay for Respondent Merrick B. Garland. [Entered: 07/13/2021 09:21:00 AM]
July 13, 2021 Filing 4 NOTICE OF APPEARANCE by Stefanie A. Svoren-Jay for Merrick B. Garland. [Entered: 07/13/2021 05:28:00 AM]
July 12, 2021 Filing 3 BRIEFING SCHEDULE NOTICE. Certified Administrative Record due 8/16/2021, Petitioner Opening Brief due 10/15/2021, Respondent Answering Brief due 12/14/2021. 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: 07/12/2021 04:16:00 PM]
July 12, 2021 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 7/12/2021. The U.S. Court of Appeals docket number 21-385 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: 07/12/2021 04:12:00 PM]
July 12, 2021 Filing 1 PETITION FOR REVIEW filed by Petitioner(s). [Entered: 07/12/2021 03:15:00 PM]

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Petitioner: DUC DUY PHAN
Represented By: Mr. Kaveh Ardalan
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Respondent: MERRICK B. GARLAND, ATTORNEY GENERAL
Represented By: Oil
Represented By: Stefanie A. Svoren-Jay
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