Zhovtonizhko v. Garland
Petitioner: SERGEY NIKO ZHOVTONIZHKO
Respondent: MERRICK B. GARLAND, ATTORNEY GENERAL
Case Number: 21-584
Filed: August 18, 2021
Court: U.S. Court of Appeals, Ninth Circuit
Nature of Suit: Other

Opinions

We have the following opinions for this case:

Date Filed Description
June 7, 2023 Summary ZHOVTONIZHKO V. GARLAND

Docket Report

This docket was last retrieved on December 12, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 12, 2023 Opinion or Order Filing 47 MEDIATION CONFERENCE RESCHEDULED - DIAL-IN Mediation Conference Call, 1/16/2024, 10:00 am Pacific Time (originally 12/12/2023). [Entered: 12/12/2023 10:40 AM]
October 31, 2023 Opinion or Order Filing 46 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Mediation Conference Call, 12/12/2023, 11:00 am Pacific Time. [Entered: 10/31/2023 01:29 PM]
October 18, 2023 Opinion or Order Filing 45 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 10/31/2023, 10:00 a.m. PACIFIC Time. See order for instructions and details. [Entered: 10/18/2023 02:54 PM]
October 11, 2023 Opinion or Order Filing 44 ORDER FILED. Jay S. BYBEE, Danielle J. FORREST, Richard G. Seeborg This case is referred to the Ninth Circuit Mediation Office to explore a possible resolution through mediation. [Entered: 10/11/2023 04:09 PM]
October 5, 2023 Opinion or Order Filing 43 MOTION to Refer to Mediation filed by Respondent Merrick B. Garland. [Entered: 10/05/2023 05:13 PM]
October 2, 2023 Opinion or Order Filing 42 MOTION for Attorneys Fees filed by Petitioner Sergey Niko Zhovtonizhko. [Entered: 10/02/2023 03:04 PM]
July 31, 2023 Opinion or Order Filing 41 MANDATE ISSUED Jay S. BYBEE, Danielle J. FORREST, Richard G. Seeborg [Entered: 07/31/2023 10:25 AM]
June 7, 2023 Opinion or Order Filing 40 OPINION (Jay S. BYBEE, Danielle J. FORREST, Richard G. Seeborg) GRANTED and REMANDED. Opinion by Judge Bybee. FILED AND ENTERED JUDGMENT. [Entered: 06/07/2023 10:42 AM]
April 26, 2023 Opinion or Order Filing 39 CITATION of supplemental authorities (28j Letter) filed by Respondent Merrick B. Garland. [Entered: 04/26/2023 10:30 AM]
April 11, 2023 Opinion or Order Filing 38 ARGUED AND SUBMITTED to Jay S. BYBEE, Danielle J. FORREST, Richard G. Seeborg. Audio and video recordings of the argument are available on the courts website at #https://www.ca9.uscourts.gov/media/. [Entered: 04/13/2023 09:38 AM]
March 6, 2023 Opinion or Order Filing 37 ACKNOWLEDGMENT of hearing notice filed by Christopher Peter Stanislowski for Petitioner Sergey Niko Zhovtonizhko. [Entered: 03/06/2023 03:46 PM]
March 5, 2023 Opinion or Order Filing 36 ACKNOWLEDGMENT of hearing notice filed by Gregory Darrell Mack for Respondent Merrick B. Garland. [Entered: 03/05/2023 12:18 PM]
January 30, 2023 Opinion or Order Filing 35 NOTICE OF ORAL ARGUMENT on Tuesday, April 11, 2023 - 09:00 A.M. - Courtroom 2 - Scheduled Location: Seattle 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: 01/30/2023 10:21 AM]
December 16, 2022 Opinion or Order Filing 34 RESPONSE to notice of case being considered for oral argument filed by Christopher Peter Stanislowski. [Entered: 12/16/2022 04:13 PM]
December 14, 2022 Opinion or Order Filing 33 NOTICE: This case is being considered for an upcoming oral argument calendar in Seattle, WA. Please review the Seattle sitting dates for April 2023 and the 2 subsequent sitting months in that location 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: 12/14/2022 01:15 PM]
June 9, 2022 Opinion or Order Filing 32 ORDER FILED. Petitioners motion (Docket Entry No. 31) to withdraw the previously filed motion for a stay of removal is granted. The motion for a stay of removal filed at Docket Entry No. 3 and supplemental motion to stay removal filed at Docket Entry No. 13 are withdrawn, and the temporary stay of removal is lifted. [Entered: 06/09/2022 09:39:00 AM]
June 7, 2022 Opinion or Order Filing 31 MOTION to withdraw motion to stay removal filed by Petitioner Sergey Niko Zhovtonizhko. [Entered: 06/07/2022 09:01:00 PM]
March 17, 2022 Opinion or Order Filing 30 Paper copies (6) of Reply Brief submitted at DE 28 by Petitioner Sergey Niko Zhovtonizhko received. [Entered: 03/17/2022 03:26:00 PM]
March 10, 2022 Opinion or Order Filing 29 ORDER FILED. Reply Brief submitted at DE 28 by Petitioner Sergey Niko Zhovtonizhko is filed. Within 7 days of this order, Petitioner must file 6 copies of the brief in paper format bound with gray 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: 03/10/2022 03:17:00 PM]
March 10, 2022 Opinion or Order Filing 28 REPLY BRIEF submitted for filing by Petitioner Sergey Niko Zhovtonizhko. [Entered: 03/10/2022 11:34:00 AM]
January 25, 2022 Opinion or Order Filing 27 Paper copies (6) of Answering Brief submitted at DE 23 by Respondent Merrick B. Garland received 01/24/2022. [Entered: 01/25/2022 04:14:00 PM]
January 20, 2022 Opinion or Order Filing 26 ORDER FILED. Streamlined Request for Extension of Time to File Reply Brief for 30 days (DE 25) granted. Amended briefing schedule: Optional Reply Brief due 3/10/2022. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. [Entered: 01/20/2022 10:05:00 AM]
January 19, 2022 Opinion or Order Filing 25 STREAMLINED request for extension of time to file reply brief for 30 days filed by Petitioner Sergey Niko Zhovtonizhko. [Entered: 01/19/2022 08:02:00 PM]
January 18, 2022 Opinion or Order Filing 24 ORDER FILED. Answering Brief submitted at DE 23 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: 01/18/2022 11:17:00 AM]
January 18, 2022 Opinion or Order Filing 23 ANSWERING BRIEF submitted for filing by Respondent Merrick B. Garland. [Entered: 01/18/2022 06:46:00 AM]
December 1, 2021 Opinion or Order Filing 22 Paper copies (6) of Opening Brief submitted at DE 17 by Petitioner Sergey Niko Zhovtonizhko received. [Entered: 12/01/2021 11:05:00 AM]
November 29, 2021 Opinion or Order Filing 21 TERMINATED participation of Sarah Martin representing Respondent Merrick Garland. [Entered: 11/29/2021 11:59:00 AM]
November 29, 2021 Opinion or Order Filing 20 ADDED Gregory Darrell Mack for Respondent Merrick B. Garland. [Entered: 11/29/2021 10:13:00 AM]
November 29, 2021 Opinion or Order Filing 19 NOTICE OF APPEARANCE by Gregory Darrell Mack for Merrick B. Garland replacing Sarah Martin. [Entered: 11/29/2021 10:04:00 AM] [Edited: 11/29/2021 11:54:00 AM]
November 24, 2021 Opinion or Order Filing 18 ORDER FILED. Opening Brief submitted at DE 17 by Petitioner Sergey Niko Zhovtonizhko 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: 11/24/2021 09:20:00 AM]
November 22, 2021 Opinion or Order Filing 17 OPENING BRIEF submitted for filing by Petitioner Sergey Niko Zhovtonizhko. [Entered: 11/22/2021 02:09:00 PM]
October 20, 2021 Opinion or Order Filing 16 REPLY TO OPPOSITION TO MOTION TO STAY REMOVAL filed by Petitioner Sergey Niko Zhovtonizhko. [Entered: 10/20/2021 05:16:00 PM]
October 13, 2021 Opinion or Order Filing 15 OPPOSITION to motion to stay removal filed by Respondent Merrick B. Garland. [Entered: 10/13/2021 07:22:00 AM]
September 17, 2021 Opinion or Order Filing 14 CERTIFIED ADMINISTRATIVE RECORD filed. [Entered: 09/17/2021 11:35:00 AM]
September 1, 2021 Opinion or Order Filing 13 SUPPLEMENTAL MOTION TO STAY REMOVAL filed by Petitioner Sergey Niko Zhovtonizhko. [Entered: 09/01/2021 12:28:00 PM] Motion and declaration uploaded twice in error. Removed duplicate motion and declaration files. [Edited: 09/01/2021 02:59:00 PM]
August 31, 2021 Opinion or Order Filing 12 ADDED Leila Kang for Sergey Niko Zhovtonizhko Petitioner. [Entered: 08/31/2021 12:56:00 PM]
August 31, 2021 Opinion or Order Filing 11 NOTICE OF APPEARANCE by Leila Kang for Sergey Niko Zhovtonizhko. [Entered: 08/31/2021 12:46:00 PM]
August 30, 2021 Opinion or Order Filing 10 ORDER FILED Motion to Proceed In Forma Pauperis or Form 4 (DE 4) granted. [Entered: 08/30/2021 09:56:00 AM]
August 19, 2021 Opinion or Order Filing 9 ADDED Sarah L. Martin for Respondent Merrick B. Garland. [Entered: 08/19/2021 12:00:00 PM]
August 19, 2021 Opinion or Order Filing 8 NOTICE OF APPEARANCE by Sarah L. Martin for Merrick B. Garland. [Entered: 08/19/2021 11:35:00 AM]
August 19, 2021 Opinion or Order Filing 7 NOTICE OF APPEARANCE by Sarah L. Martin for Merrick B. Garland. [Entered: 08/19/2021 11:33:00 AM]
August 18, 2021 Opinion or Order Filing 6 BRIEFING SCHEDULE NOTICE. Certified Administrative Record due 9/22/2021, Respondent Response to Stay Motion (Filed with PFR) due 10/13/2021, Petitioner Opening Brief due 11/22/2021, Respondent Answering Brief due 1/20/2022. 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: 08/18/2021 04:54:00 PM]
August 18, 2021 Opinion or Order 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 8/18/2021. The U.S. Court of Appeals docket number 21-584 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: 08/18/2021 04:52:00 PM]
August 18, 2021 Opinion or Order Filing 4 MOTION to proceed in forma pauperis filed by Petitioner(s). [Entered: 08/18/2021 04:39:00 PM]
August 18, 2021 Opinion or Order Filing 3 MOTION TO STAY REMOVAL filed by Petitioner(s); REMOVAL STAYED pending further order of the court per General Order 6.4(c). [Entered: 08/18/2021 04:37:00 PM]
August 18, 2021 Opinion or Order Filing 2 AGENCY DECISION on review dated 8/3/2021. [Entered: 08/18/2021 04:36:00 PM]
August 18, 2021 Opinion or Order Filing 1 PETITION FOR REVIEW filed by Petitioner(s). [Entered: 08/18/2021 04:36:00 PM]

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Petitioner: SERGEY NIKO ZHOVTONIZHKO
Represented By: Leila Kang
Represented By: Mr. Christopher Peter Stanislowski
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Respondent: MERRICK B. GARLAND, ATTORNEY GENERAL
Represented By: Mr. Gregory Darrell Mack
Represented By: OIL
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