Lopez-Valdez v. Garland
| JOSE LUIS LOPEZ-VALDEZ |
| MERRICK B. GARLAND, U.S. ATTORNEY GENERAL |
| 21-544 |
| August 11, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on June 13, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 18 MANDATE ISSUED Richard A. PAEZ, Johnnie B. RAWLINSON, Paul J. WATFORD [Entered: 06/13/2022 09:23:00 AM] |
Filing 17
ORDER FILED. Richard A. PAEZ, Johnnie B. RAWLINSON, Paul J. WATFORD Petitioner seeks review of an order of the Board of Immigration Appeals (BIA) denying his motion to reconsider. We lack jurisdiction to review the agencys denial of reconsideration of its subjective, discretionary determination that petitioner failed to show exceptional and extremely unusual hardship to a qualifying relative. See 8 U.S.C. 1252(a)(2)(B); Vilchiz-Soto v. Holder, 688 F.3d 642, 644 (9th Cir. 2012) ([T]he BIAs denial of the motion to reconsider falls outside the courts jurisdiction because the court cannot reconsider the discretionary, fact-based determination that petitioners failed to demonstrate the requisite hardship.). The petition does not raise a colorable legal or constitutional claim over which we retain jurisdiction. See 8 U.S.C. 1252(a)(2)(D); Vilchiz-Soto, 688 F.3d at 644. Because the agencys hardship determination is dispositive of cancellation of removal, we do not reach petitioners arguments related to his daughters status as a qualifying relative, the delay in agency appellate proceedings, or the request for nunc pro tunc adjudication. See Simeonov v. Ashcroft, 371 F.3d 532, 538 (9th Cir. 2004) (courts and agencies are not required to reach non-dispositive issues). The governments motion to dismiss this petition for lack of jurisdiction (Docket Entry No. 16) is granted. PETITION FOR REVIEW DISMISSED. [Entered: 04/21/2022 01:41:00 PM]
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| Filing 16 MOTION to dismiss for lack of jurisdiction filed by Respondent Merrick B. Garland. [Entered: 02/10/2022 12:11:00 PM] |
| Filing 15 Paper copies (6) of Opening Brief submitted at DE 10 by Petitioner Jose Luis Lopez-Valdez received. [Entered: 12/21/2021 03:52:00 PM] |
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Filing 14
ORDER FILED. Opening Brief submitted at DE 10 by Petitioner Jose Luis Lopez-Valdez 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: 12/16/2021 03:15:00 PM]
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| Filing 13 TERMINATED participation of William Clark Minick representing Respondent Merrick B. Garland. [Entered: 12/16/2021 02:16:00 PM] |
| Filing 12 ADDED Janice Kay Redfern for Respondent Merrick B. Garland. [Entered: 12/16/2021 02:15:00 PM] |
| Filing 11 NOTICE OF APPEARANCE by Janice Kay Redfern for Merrick B. Garland replacing OIL, replacing William Clark Minick. [Entered: 12/16/2021 02:05:00 PM] |
| Filing 10 OPENING BRIEF submitted for filing by Petitioner Jose Luis Lopez-Valdez. [Entered: 12/15/2021 08:18:00 PM] |
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Filing 9
ORDER FILED. Streamlined Request for Extension of Time to File Opening Brief for 30 days (DE 8) granted. Amended briefing schedule: Petitioner Opening Brief due 12/15/2021, 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: 11/16/2021 08:48:00 AM]
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| Filing 8 STREAMLINED request for extension of time to file opening brief for 30 days filed by Petitioner Jose Luis Lopez-Valdez. [Entered: 11/15/2021 07:33:00 PM] |
| Filing 7 CERTIFIED ADMINISTRATIVE RECORD filed. [Entered: 08/31/2021 12:15:00 PM] |
| Filing 6 ADDED William Clark Minick for Respondent Merrick B. Garland. [Entered: 08/12/2021 09:26:00 AM] |
| Filing 5 NOTICE OF APPEARANCE by William Clark Minick for Merrick B. Garland. [Entered: 08/12/2021 07:07:00 AM] |
| Filing 4 BRIEFING SCHEDULE NOTICE. Certified Administrative Record due 9/15/2021, 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. 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: 08/11/2021 04:57:00 PM] |
| 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 8/11/2021. The U.S. Court of Appeals docket number 21-544 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: 08/11/2021 04:54:00 PM] |
| Filing 2 AGENCY DECISION on review dated 7/12/2021. [Entered: 08/11/2021 04:26:00 PM] |
| Filing 1 PETITION FOR REVIEW filed by Petitioner(s). [Entered: 08/11/2021 04:25:00 PM] |
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| Petitioner: JOSE LUIS LOPEZ-VALDEZ | |
| Represented By: | Marina Alexandrovich |
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| Respondent: MERRICK B. GARLAND, U.S. ATTORNEY GENERAL | |
| Represented By: | OIL |
| Represented By: | Mrs. Janice Kay Redfern |
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