Rodriguez-Hernandez v. Garland
| VICTOR RODRIGUEZ-HERNANDEZ |
| MERRICK B. GARLAND, ATTORNEY GENERAL |
| NORTHWEST IMMIGRANT RIGHTS PROJECT and WASHINGTON DEFENDER ASSOCIATION |
| 21-456 |
| July 27, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on January 3, 2024. A more recent docket listing may be available from PACER.
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Filing 47
CORRECTED OPINION (Johnnie B. RAWLINSON, Carlos T. BEA, Jennifer SUNG) Minor typos corrected. FILED AND ENTERED JUDGMENT. [Entered: 01/03/2024 09:55 AM]
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Filing 46
OPINION (Johnnie B. RAWLINSON, Carlos T. BEA, Jennifer SUNG) PETITION FOR REVIEW DENIED. Opinion by Judge Rawlinson. FILED AND ENTERED JUDGMENT. [Entered: 12/27/2023 09:01 AM]
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Filing 45
CITATION of Supplemental Authorities (28j Letter) filed by Petitioner Victor Rodriguez-Hernandez. [Entered: 12/21/2023 02:37 PM]
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Filing 44
ARGUED AND SUBMITTED to Johnnie B. RAWLINSON, Carlos T. BEA, Jennifer SUNG. Audio and video recordings of the argument are available on the courts website at #https://www.ca9.uscourts.gov/media/. [Entered: 04/20/2023 02:20 PM]
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Filing 43
ACKNOWLEDGMENT of hearing notice filed by Andrew B. Insenga for Respondent Merrick B. Garland. [Entered: 03/31/2023 09:31 AM]
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Filing 42
ACKNOWLEDGMENT of hearing notice filed by Navid David Shamloo for Petitioner Victor Rodriguez-Hernandez. [Entered: 03/03/2023 03:52 PM]
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Filing 41
ORDER FILED. The panel has considered Respondents Motion to Reconsider (Dkt. No. 39). Respondent asks the panel to either reconsider or clarify its prior ruling (Dkt. No. 36) on the Joint Motion of Petitioner and Amici regarding Amicis participation in oral argument (Dkt. No. 33). We treat Respondents motion as a motion to clarify our prior ruling, and we GRANT it. Petitioner and Amici are required to appear at oral argument, and Petitioner will receive 15 minutes of oral argument time to allocate among itself and Amici. Respondent will receive 15 minutes of oral argument time. The panel notes that, pursuant to Ninth Circuit practice, counsel may appear by video. [Entered: 03/03/2023 03:18 PM]
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Filing 40
RESPONSE to Motion to Reconsider Nondispositive Order (DE 39) filed by Amicus Curiae Northwest Immigrant Rights Project, Amicus Curiae Washington Defender Association. [Entered: 02/24/2023 04:20 PM]
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Filing 39
MOTION to reconsider nondispositive order filed by Respondent Merrick B. Garland. [Entered: 02/21/2023 03:21 PM]
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Filing 38
ACKNOWLEDGMENT of hearing notice filed by Aaron Korthuis for Amicus Curiae Northwest Immigrant Rights Project, Amicus Curiae Washington Defender Association. [Entered: 02/15/2023 04:17 PM]
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Filing 37
CLERK ACTION: Amicus Brief submitted at DE 18 by Northwest Immigrant Rights Project and Washington Defender Association is filed. [Entered: 02/15/2023 04:10 PM]
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Filing 36
TEXT ORDER FILED. The motion (Docket No. 18) for leave to file amicus brief and to file late brief is granted. The joint motion (Docket No. 33) to participate in oral argument is granted. [Entered: 02/15/2023 01:59 PM]
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Filing 35
ADDED Counsel for Amicus Curiae - Pending Matt Adams for Amicus Curiae - Pending Northwest Immigrant Rights Project. [Entered: 02/09/2023 04:52 PM]
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Filing 34
NOTICE OF APPEARANCE by Matt Adams for Amicus Curiae - Pending Northwest Immigrant Rights Project. [Entered: 02/09/2023 04:32 PM]
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Filing 33
MOTION to participate in oral argument filed by Amicus Curiae - Pending Northwest Immigrant Rights Project, Amicus Curiae - Pending Washington Defender Association. [Entered: 02/09/2023 01:27 PM]
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Filing 32
NOTICE OF ORAL ARGUMENT on Thursday, April 20, 2023 - 09:30 A.M. - 2nd Floor Courtroom - Scheduled Location: Portland 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 11:38 AM]
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Filing 31
ADDED Counsel for Amicus Curiae - Pending Aaron Korthuis for Amicus Curiae - Pending Northwest Immigrant Rights Project, Amicus Curiae - Pending Washington Defender Association. [Entered: 01/17/2023 12:08 PM]
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Filing 30
ADDED Amicus Curiae - Pending Northwest Immigrant Rights Project, Amicus Curiae - Pending Washington Defender Association. [Entered: 01/17/2023 12:06 PM]
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Filing 29
RESPONSE to notice of case being considered for oral argument filed by Navid David Shamloo. [Entered: 12/16/2022 06:31 PM]
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Filing 28
NOTICE: This case is being considered for an upcoming oral argument calendar in Portland, OR. Please review the Portland sitting dates for April 2023 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. [Entered: 12/16/2022 04:03 PM]
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Filing 27
Paper copies (6) of Answering Brief submitted at DE 25 by Respondent Merrick B. Garland received. [Entered: 05/12/2022 02:04:00 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: 05/04/2022 01:47:00 PM]
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Filing 25
ANSWERING BRIEF submitted for filing by Respondent Merrick B. Garland. [Entered: 05/04/2022 12:28:00 PM]
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Filing 24
ORDER FILED. Respondent's unopposed motion (Docket Entry No. 23) for an extension of time to file the answering brief is granted. The respondent's answering brief is due May 4, 2022. The optional reply brief is due within 21 days after service of the answering brief. [Entered: 04/01/2022 12:15:00 PM]
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Filing 23
MOTION to extend time to file answering brief filed by Respondent Merrick B. Garland. [Entered: 03/31/2022 01:38:00 PM]
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Filing 22
ORDER FILED. Streamlined Request for Extension of Time to File Answering Brief for 30 days (DE 21) granted. Amended briefing schedule: 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: 03/02/2022 11:00:00 AM]
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Filing 21
STREAMLINED request for extension of time to file answering brief for 30 days filed by Respondent Merrick B. Garland. [Entered: 03/01/2022 01:17:00 PM]
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Filing 20
Paper copies (6) of Amicus Brief submitted at DE 18 by Northwest Immigrant Rights Project and Washington Defender Association received. [Entered: 02/04/2022 10:50:00 AM]
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Filing 19
ORDER FILED. Amicus Brief and Motion for Leave to File and to File Late at DE 18 referred to merits panel. [Entered: 01/31/2022 04:41:00 PM]
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Filing 18
AMICUS BRIEF and MOTION for leave to file amicus brief and to file late brief filed by Northwest Immigrant Rights Project and Washington Defender Association. [Entered: 01/07/2022 10:55:00 AM]
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Filing 17
Paper copies (6) of Opening Brief submitted at DE 15 by Petitioner Victor Rodriguez-Hernandez received. [Entered: 12/21/2021 03:55:00 PM]
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Filing 16
ORDER FILED. Opening Brief submitted at DE 15 by Petitioner Victor Rodriguez-Hernandez 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: 12/15/2021 03:15:00 PM]
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Filing 15
OPENING BRIEF submitted for filing by Petitioner Victor Rodriguez-Hernandez. [Entered: 12/15/2021 08:22:00 AM]
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Filing 14
ORDER FILED Motion to Extend Time to File Opening Brief (DE 13) granted. Amended briefing schedule: Petitioner Opening Brief due 1/3/2022, Respondent Answering Brief due 3/4/2022. 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: 10/26/2021 04:15:00 PM]
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Filing 13
MOTION to extend time to file opening brief filed by Petitioner Victor Rodriguez-Hernandez. [Entered: 10/26/2021 12:52:00 PM]
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Filing 12
ORDER FILED Motion to Stay Removal (DE 4) not opposed. [Entered: 09/22/2021 02:18:00 PM]
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Filing 11
STATEMENT OF NON-OPPOSITION TO MOTION TO STAY REMOVAL filed by Respondent Merrick B. Garland. [Entered: 09/21/2021 12:11:00 PM]
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Filing 10
CERTIFIED ADMINISTRATIVE RECORD filed. [Entered: 08/10/2021 11:03:00 AM]
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Filing 9
ADDED Andrew B. Insenga for Respondent Merrick B. Garland. [Entered: 07/27/2021 01:57:00 PM]
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Filing 8
NOTICE OF APPEARANCE by Andrew B. Insenga for Merrick B. Garland. [Entered: 07/27/2021 01:34:00 PM]
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Filing 7
Fee Paid by Victor Rodriguez-Hernandez. Fee Receipt Number: A09-2600365-ACMS. [Entered: 07/27/2021 10:31:00 AM]
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Filing 6
BRIEFING SCHEDULE NOTICE. Certified Administrative Record due 8/31/2021, Respondent Response to Stay Motion (Filed with PFR) due 9/21/2021, Petitioner Opening Brief due 11/1/2021, Respondent Answering Brief due 12/29/2021. 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: 07/27/2021 10:16:00 AM]
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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 7/27/2021. The U.S. Court of Appeals docket number 21-456 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: 07/27/2021 10:14:00 AM]
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Filing 4
MOTION TO STAY REMOVAL filed by Petitioner(s); REMOVAL STAYED pending further order of the court per General Order 6.4(c). [Entered: 07/27/2021 09:33:00 AM]
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Filing 3
AGENCY DECISION on review dated 11/19/2018. [Entered: 07/27/2021 09:32:00 AM]
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Filing 2
AGENCY DECISION on review dated 7/6/2021. [Entered: 07/27/2021 09:31:00 AM]
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Filing 1
PETITION FOR REVIEW filed by Petitioner(s). [Entered: 07/27/2021 09:31:00 AM]
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