Franco Guardado v. Garland
| ROBERTO CARLOS FRANCO GUARDADO |
| MERRICK B. GARLAND, ATTORNEY GENERAL |
| 21-733 |
| September 13, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on July 26, 2023. A more recent docket listing may be available from PACER.
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Filing 56
TERMINATED participation of Counsel for Petitioner Mei F. Chen representing Petitioner Roberto Carlos Franco Guardado. [Entered: 07/26/2023 03:08 PM]
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Filing 55
MANDATE ISSUED Consuelo M. CALLAHAN, Patrick J. BUMATAY, Susan R. Bolton [Entered: 06/13/2023 10:08 AM]
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Filing 54
MOTION to withdraw as counsel filed by Mei F. Chen for Petitioner Roberto Carlos Franco Guardado. --[COURT NOTE: NAN, counsel terminated.] [Entered: 06/12/2023 06:06 AM] [Edited: 07/26/2023 03:15 PM]
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Filing 53
TEXT ORDER FILED. The motion to stay the mandate (DE 51), is denied. [Entered: 06/05/2023 02:31 PM]
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Filing 52
SUPPLEMENT to Motion to Stay Mandate (DE 51) filed by Petitioner Roberto Carlos Franco Guardado. [Entered: 06/04/2023 10:27 PM]
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Filing 51
MOTION to stay the mandate filed by Petitioner Roberto Carlos Franco Guardado. [Entered: 06/04/2023 10:24 PM]
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Filing 50
TERMINATED participation of Counsel for Petitioner Ann F. Barhoum representing Petitioner Roberto Carlos Franco Guardado. [Entered: 06/02/2023 10:46 AM]
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Filing 49
ADDED Counsel for Petitioner Rocio Sanchez for Petitioner Roberto Carlos Franco Guardado. [Entered: 06/02/2023 10:44 AM]
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Filing 48
NOTICE OF APPEARANCE by Rocio Sanchez for Petitioner Roberto Carlos Franco Guardado replacing Ann F. Barhoum. [Entered: 06/02/2023 10:29 AM]
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Filing 47
MEMORANDUM DISPOSITION (Consuelo M. CALLAHAN, Patrick J. BUMATAY, Susan R. Bolton) The temporary stay of removal remains in place until the mandate issues. The motions to stay removal (Dkt. Nos. 2, 10) are otherwise denied. THE PETITION IS DENIED. FILED AND ENTERED JUDGMENT. [Entered: 04/20/2023 10:00 AM]
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Filing 46
SUBMITTED ON THE BRIEFS to Consuelo M. CALLAHAN, Patrick J. BUMATAY, Susan R. Bolton. [Entered: 04/19/2023 02:35 PM]
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Filing 45
ORDER FILED. The Court is of the unanimous opinion that the facts and legal arguments are adequately presented in the briefs and records and the decisional process would not be significantly aided by oral argument. This case is ordered submitted on the briefs and records without oral argument on April 17, 2023, in San Francisco, California. See Fed. R. App. P. 34(a)(2)(C). [Entered: 03/22/2023 03:14 PM]
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Filing 44
ACKNOWLEDGMENT of hearing notice filed by Kristen H. Blosser for Respondent Merrick B. Garland. [Entered: 03/20/2023 08:22 AM]
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Filing 43
NOTICE OF ORAL ARGUMENT on Monday, April 17, 2023 - 09:00 A.M. - Courtroom 1 - Scheduled Location: San Francisco 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 01:38 PM]
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Filing 42
RESPONSE to notice of case being considered for oral argument filed by Ann F. Barhoum. [Entered: 12/16/2022 08:58 AM]
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Filing 41
ACKNOWLEDGMENT of hearing notice filed by Ann F. Barhoum for Petitioner Roberto Carlos Franco Guardado. [Entered: 12/16/2022 08:57 AM]
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Filing 40
ADDED Counsel for Petitioner Ann F. Barhoum for Petitioner Roberto Carlos Franco Guardado. [Entered: 12/15/2022 04:05 PM]
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Filing 39
NOTICE OF APPEARANCE by Ann F. Barhoum for Roberto Carlos Franco Guardado. [Entered: 12/15/2022 02:47 PM]
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Filing 38
NOTICE: This case is being considered for an upcoming oral argument calendar in San Francisco, CA. Please review the San Francisco 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 10:40 AM]
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Filing 37
RESPONSE to notice of case being considered for oral argument filed by Mei F. Chen. [Entered: 11/23/2022 05:18 PM]
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Filing 36
NOTICE: This case is being considered for an upcoming oral argument calendar in San Francisco, CA. Please review the San Francisco sitting dates for March 6-10 and March 27-31, 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 motion within 3 business days of this notice, using the filing type: Motion to Refer to Mediation. [Entered: 11/18/2022 09:16 AM]
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Filing 35
RESPONSE to notice of case being considered for oral argument filed by Mei F. Chen. [Entered: 10/31/2022 05:13 PM]
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Filing 34
NOTICE: This case is being considered for an upcoming oral argument calendar in San Francisco, CA on February 15-17, 2023. Please review the San Francisco, CA sitting dates for February 2023 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. Court Update: Date Corrected. [Entered: 10/25/2022 10:36 AM] [Edited: 10/26/2022 09:26 AM]
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Filing 33
ORDER FILED. Petitioners unopposed motion (Docket Entry No. 32) for an extension of time to file the reply brief is granted. The reply brief is due September 26, 2022. [Entered: 07/20/2022 04:53:00 PM]
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Filing 32
MOTION to extend time to to file reply brief filed by Petitioner Roberto Carlos Franco Guardado. [Entered: 07/19/2022 05:26:00 PM]
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Filing 31
Paper copies (6) of Answering Brief submitted at DE 29 by Respondent Merrick B. Garland received. [Entered: 07/11/2022 04:50:00 PM]
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Filing 30
ORDER FILED. Answering Brief submitted at DE 29 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: 07/06/2022 01:21:00 PM]
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Filing 29
ANSWERING BRIEF submitted for filing by Respondent Merrick B. Garland. [Entered: 07/05/2022 04:21:00 PM]
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Filing 28
ORDER FILED. Streamlined Request for Extension of Time to File Answering Brief for 30 days (DE 27) granted. Amended briefing schedule: Respondent Answering Brief due 7/5/2022. 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: 05/31/2022 09:35:00 AM]
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Filing 27
STREAMLINED request for extension of time to file answering brief for 30 days filed by Respondent Merrick B. Garland. [Entered: 05/31/2022 05:24:00 AM]
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Filing 26
Paper copies (6) of Opening Brief submitted at DE 23 by Petitioner Roberto Carlos Franco Guardado received. [Entered: 04/11/2022 02:47:00 PM]
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Filing 25
ORDER FILED. Opening Brief submitted at DE 23 by Petitioner Roberto Carlos Franco Guardado 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: 04/05/2022 09:30:00 AM]
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Filing 24
ORDER FILED. Petitioners motion (Docket Entry No. 22) to accept a late opening brief is granted. The Clerk will file the opening brief submitted on April 3, 2022 at Docket Entry No. 23. The answering brief is now due June 3, 2022. The optional reply brief is due within 21 days after service of the answering brief [Entered: 04/04/2022 04:56:00 PM]
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Filing 23
OPENING BRIEF submitted for filing by Petitioner Roberto Carlos Franco Guardado. [Entered: 04/03/2022 11:44:00 AM]--[COURT UPDATE: Attached separate PDFs of brief and addendum] [Edited: 04/04/2022 12:21:00 PM]
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Filing 22
MOTION to accept late filing filed by Petitioner Roberto Carlos Franco Guardado. [Entered: 04/03/2022 11:43:00 AM]
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Filing 21
ORDER FILED. Motion to Extend Time to File Opening Brief (DE 20) granted. Amended briefing schedule: Petitioner Opening Brief due 3/17/2022, Respondent Answering Brief due 5/16/2022. 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: 02/09/2022 02:36:00 PM]
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Filing 20
MOTION to extend time to file opening brief filed by Petitioner Roberto Carlos Franco Guardado. [Entered: 02/08/2022 06:14:00 PM]
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Filing 19
REPLY TO OPPOSITION TO MOTION TO STAY REMOVAL filed by Petitioner Roberto Carlos Franco Guardado. [Entered: 12/21/2021 08:48:00 AM]--[Court entered filing to correct DE 18]
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Filing 18
DEFECTIVE --- STATEMENT OF NON-OPPOSITION TO SUPPLEMENTAL MOTION TO STAY REMOVAL filed by Petitioner Roberto Carlos Franco Guardado. [Entered: 12/20/2021 10:23:00 PM] Wrong filing type used. Correct entry at DE 19. [Edited: 12/21/2021 08:51:00 AM]
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Filing 17
ORDER FILED. Motion to Extend Time to Reply to Response to Motion (DE 15) granted, Motion to Extend Time to File Opening Brief (DE 16) granted. [Entered: 12/13/2021 02:27:00 PM]
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Filing 16
MOTION to extend time to file opening brief filed by Petitioner Roberto Carlos Franco Guardado. [Entered: 12/10/2021 07:16:00 AM]
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Filing 15
MOTION to extend time to reply to response to motion filed by Petitioner Roberto Carlos Franco Guardado. [Entered: 12/06/2021 11:40:00 AM]
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Filing 14
DEFECTIVE --- MOTION to extend time to respond to motion filed by Petitioner Roberto Carlos Franco Guardado. [Entered: 12/03/2021 06:52:00 PM] Wrong filing type used. Correct entry at DE 15. [Edited: 12/06/2021 11:44:00 AM]
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Filing 13
ORDER FILED. Motion to Extend Time to Reply to Response to Motion (DE 12) granted. . [Entered: 11/19/2021 09:42:00 AM]
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Filing 12
MOTION to extend time to reply to response to motion filed by Petitioner Roberto Carlos Franco Guardado. [Entered: 11/11/2021 08:54:00 AM]
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Filing 11
OPPOSITION to motion to stay removal filed by Respondent Merrick B. Garland. [Entered: 11/05/2021 01:12:00 PM]
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Filing 10
SUPPLEMENTAL MOTION TO STAY REMOVAL filed by Petitioner Roberto Carlos Franco Guardado. [Entered: 10/11/2021 04:41:00 AM]
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Filing 9
CERTIFIED ADMINISTRATIVE RECORD filed. [Entered: 10/06/2021 10:13:00 AM]
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Filing 8
ORDER FILED Motion to Extend Time to File Supplemental Motion to Stay Removal (DE 7) granted. [Entered: 09/29/2021 09:27:00 AM]
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Filing 7
MOTION to extend time to file supplemental motion to stay removal filed by Petitioner Roberto Carlos Franco Guardado. [Entered: 09/25/2021 07:05:00 PM]
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Filing 6
ADDED Kristen H. Blosser for Merrick B. Garland Respondent. [Entered: 09/13/2021 11:13:00 AM]
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Filing 5
NOTICE OF APPEARANCE by Kristen H. Blosser for Merrick B. Garland. [Entered: 09/13/2021 11:06:00 AM]
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Filing 4
BRIEFING SCHEDULE NOTICE. Certified Administrative Record due 10/18/2021, Respondent Response to Stay Motion (Filed with PFR) due 11/8/2021, Petitioner Opening Brief due 12/17/2021, Respondent Answering Brief due 2/15/2022. 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: 09/13/2021 09:34:00 AM]
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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 9/13/2021. The U.S. Court of Appeals docket number 21-733 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: 09/13/2021 09:31:00 AM]
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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: 09/13/2021 07:46:00 AM]
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Filing 1
PETITION FOR REVIEW filed by Petitioner(s). [Entered: 09/13/2021 07:46:00 AM]
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| Petitioner: ROBERTO CARLOS FRANCO GUARDADO | |
| Represented By: | Mei F. Chen |
| Represented By: | Rocio Sanchez |
| Represented By: | Ms. Ann F. Barhoum |
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| Respondent: MERRICK B. GARLAND, ATTORNEY GENERAL | |
| Represented By: | Ms. Kristen H. Blosser |
| Represented By: | Oil |
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