Diaz-Salgado v. Garland
| MARLON ALEXANDER DIAZ-SALGADO |
| MERRICK B. GARLAND, ATTORNEY GENERAL |
| 21-79 |
| May 17, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on November 6, 2023. A more recent docket listing may be available from PACER.
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Filing 59
MANDATE ISSUED Richard A. PAEZ, Eric D. MILLER, Lawrence VANDYKE [Entered: 11/06/2023 10:28 AM] [Edited: 11/06/2023 03:51 PM]
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Filing 58
MEMORANDUM DISPOSITION (Richard A. PAEZ, Eric D. MILLER, Lawrence VANDYKE) PETITION DENIED. FILED AND ENTERED JUDGMENT. [Entered: 09/14/2023 10:34 AM]
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Filing 57
TEXT CLERK ORDER. Petitioners motion for judicial notice, dkt 37, is denied. [Entered: 09/14/2023 10:28 AM]
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Filing 56
STATUS REPORT filed by Petitioner Marlon Diaz-Salgado. [Entered: 08/28/2023 02:32 PM] [Edited: 08/29/2023 11:05 AM]
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Filing 55
ORDER FILED. Richard A. PAEZ, Eric D. MILLER, Lawrence VANDYKE Submission is hereby vacated, and this case is placed in abeyance pending resolution by this court of the proceedings in Alonso-Juarez v. Garland, No. 15-72821. This case shall be held in abeyance pending further order of this court. [Entered: 03/23/2023 09:54 AM]
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Filing 54
ARGUED AND SUBMITTED to Richard A. PAEZ, Eric D. MILLER, Lawrence VANDYKE. Audio and video recordings of the argument are available on the courts website at #https://www.ca9.uscourts.gov/media/. [Entered: 03/17/2023 12:00 PM]
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Filing 53
AUTHORIZATION for Pro Bono attorney(s) Tharan Gregory Lanier, Dayme Sanchez. See attached letter for details. [Entered: 03/09/2023 03:15 PM]
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Filing 52
RESPONSE to Citation of Supplemental Authorities (28j Letter) (DE 51) filed by Petitioner Marlon Diaz-Salgado. [Entered: 02/16/2023 03:57 PM]
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Filing 51
CITATION of supplemental authorities (28j Letter) filed by Respondent Merrick B. Garland. [Entered: 02/14/2023 11:59 AM]
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Filing 50
ACKNOWLEDGMENT of hearing notice filed by Dayme Sanchez for Petitioner Marlon Diaz-Salgado. [Entered: 02/06/2023 03:29 PM]
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Filing 49
ADDED Counsel for Petitioner Dayme Sanchez for Petitioner Marlon Diaz-Salgado. [Entered: 02/01/2023 03:23 PM]
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Filing 48
NOTICE OF APPEARANCE by Dayme Sanchez for Petitioner Marlon Diaz-Salgado. [Entered: 02/01/2023 03:08 PM]
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Filing 47
AUTHORIZATION for Pro Bono attorney(s) Tharan Gregory Lanier. See attached letter for details. [Entered: 02/01/2023 08:45 AM]
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Filing 46
ACKNOWLEDGMENT of hearing notice filed by Sarah K. Pergolizzi for Respondent Merrick B. Garland. [Entered: 01/10/2023 01:35 PM]
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Filing 45
TERMINATED participation of Counsel for Respondent Brett F. Kinney representing Respondent Merrick B. Garland. [Entered: 01/10/2023 01:26 PM]
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Filing 44
ADDED Counsel for Respondent Sarah K. Pergolizzi for Respondent Merrick B. Garland. [Entered: 01/10/2023 01:24 PM]
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Filing 43
NOTICE OF APPEARANCE by Sarah K. Pergolizzi for Respondent Merrick B. Garland replacing Brett F. Kinney. [Entered: 01/10/2023 11:27 AM]
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Filing 42
NOTICE OF ORAL ARGUMENT on Friday, March 17, 2023 - 09:00 A.M. - Courtroom 1 - Scheduled Location: Pasadena. 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: 01/03/2023 09:52 AM]
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Filing 41
TERMINATED participation of Counsel for Petitioner Vincent Doctor representing Petitioner Marlon Diaz-Salgado. [Entered: 12/29/2022 02:30 PM]
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Filing 40
NOTICE of withdrawal as counsel filed by Vincent Doctor. [Entered: 12/29/2022 01:08 PM]
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Filing 39
NOTICE: This case is being considered for an upcoming oral argument calendar in Pasadena, CA. Please review the Pasadena sitting dates for March 6-10 and March 13-17, 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: 11/15/2022 08:56 AM]
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Filing 38
RESPONSE to Motion for Judicial Notice (DE 37) filed by Respondent Merrick B. Garland. [Entered: 06/13/2022 12:07:00 PM]
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Filing 37
MOTION for judicial notice filed by Petitioner Marlon Diaz-Salgado. [Entered: 06/10/2022 01:01:00 PM]
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Filing 36
Paper copies (6) of Reply Brief submitted at DE 32 by Petitioner Marlon Diaz-Salgado received. [Entered: 06/08/2022 02:52:00 PM]
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Filing 35
TERMINATED participation of Ayesha K. Rasheed representing Petitioner Marlon Diaz-Salgado. [Entered: 06/07/2022 11:56:00 AM]
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Filing 34
NOTICE of withdrawal as counsel filed by Ayesha K. Rasheed. [Entered: 06/07/2022 11:15:00 AM]
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Filing 33
ORDER FILED. Reply Brief submitted at DE 32 by Petitioner Marlon Diaz-Salgado 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: 06/06/2022 12:47:00 PM]
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Filing 32
REPLY BRIEF submitted for filing by Petitioner Marlon Diaz-Salgado. [Entered: 06/01/2022 05:17:00 PM]--[COURT UPDATE: attached corrected PDF of reply brief.] [Edited: 06/06/2022 12:38:00 PM]
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Filing 31
Paper copies (6) of Answering Brief submitted at DE 29 by Respondent Merrick B. Garland received. [Entered: 05/18/2022 04:31:00 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: 05/13/2022 09:43:00 AM]
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Filing 29
ANSWERING BRIEF submitted for filing by Respondent Merrick B. Garland. [Entered: 05/12/2022 02:01:00 PM]
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Filing 28
Paper copies (6) of Opening Brief submitted at DE 26 by Petitioner Marlon Diaz-Salgado received. [Entered: 03/21/2022 03:23:00 PM]
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Filing 27
ORDER FILED. Opening Brief submitted at DE 26 by Petitioner Marlon Diaz-Salgado 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: 03/17/2022 09:25:00 AM]
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Filing 26
OPENING BRIEF submitted for filing by Petitioner Marlon Diaz-Salgado. [Entered: 03/16/2022 09:24:00 PM]--[COURT UPDATE: removed duplicate PDF of opening brief.] [Edited: 03/17/2022 09:15:00 AM]
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Filing 25
ORDER FILED. Motion to Hold in Abeyance (DE 22) denied. See order for more details. [Entered: 02/14/2022 12:31:00 PM]
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Filing 24
REPLY to Response to Motion to Hold in Abeyance (DE 23) filed by Petitioner Marlon Diaz-Salgado. [Entered: 02/07/2022 02:33:00 PM]
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Filing 23
RESPONSE to Motion to Hold in Abeyance (DE 22) filed by Respondent Merrick B. Garland. [Entered: 02/01/2022 03:43:00 PM]
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Filing 21
DEFECTIVE---OPPOSITION to motion to stay removal filed by Respondent Merrick B. Garland. [Entered: 02/01/2022 02:24:00 PM]Wrong filing type used.Correct entry DE#23 [Edited: 02/01/2022 04:48:00 PM]
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Filing 22
MOTION to hold case in abeyance filed by Petitioner Marlon Diaz-Salgado. [Entered: 02/01/2022 03:31:00 PM]
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Filing 20
DEFECTIVE---MOTION TO STAY REMOVAL filed by Petitioner(s); REMOVAL STAYED pending further order of the court per General Order 6.4(c). [Entered: 01/31/2022 12:34:00 PM] Wrong Filing type used. Correct entry DE#8 [Edited: 02/01/2022 03:34:00 PM]
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Filing 19
ORDER FILED. Streamlined Request for Extension of Time to File Opening Brief for 30 days (DE 18) 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: 01/24/2022 02:29:00 PM]
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Filing 18
STREAMLINED request for extension of time to file opening brief for 30 days filed by Petitioner Marlon Diaz-Salgado. [Entered: 01/24/2022 12:03:00 PM]
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Filing 17
ORDER FILED. Counsel selected. Petitioner Opening Brief due 2/15/2022, Respondent Answering Brief due 4/18/2022. [Entered: 12/14/2021 09:26:00 AM]
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Filing 16
ADDED Tharan Gregory Lanier for Petitioner Marlon Diaz-Salgado. [Entered: 12/14/2021 09:24:00 AM]
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Filing 15
ADDED Vincent Doctor for Petitioner Marlon Diaz-Salgado. [Entered: 12/14/2021 09:23:00 AM]
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Filing 14
ADDED Ayesha Karim Rasheed for Petitioner Marlon Diaz-Salgado. [Entered: 12/14/2021 09:22:00 AM]
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Filing 13
RESPONSE to [ORDER] (entry [12]) filed by Petitioner Marlon Diaz-Salgado. [Entered: 11/03/2021 04:18:00 PM]
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Filing 12
ORDER FILED. Response required. [Entered: 10/13/2021 09:56:00 AM]
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Filing 11
NOTICE of change of address filed by Petitioner Marlon Diaz-Salgado. [Entered: 08/27/2021 03:19:00 PM]
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Filing 10
ORDER FILED. Motion for Appointment of Counsel (DE 8) granted. [Entered: 06/29/2021 10:27:00 AM]
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Filing 9
ORDER FILED. Motion to Proceed In Forma Pauperis or Form 4 (DE 2) granted. [Entered: 06/03/2021 05:37:00 PM]
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Filing 8
MOTION for appointment of counsel filed by Petitioner(s). [Entered: 06/03/2021 03:03:00 PM]
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Filing 7
CERTIFIED ADMINISTRATIVE RECORD filed. [Entered: 06/02/2021 10:12:00 AM]
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Filing 6
ADDED Brett F. Kinney for Respondent Merrick B. Garland. [Entered: 05/17/2021 01:03:00 PM]
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Filing 5
NOTICE OF APPEARANCE by Brett F. Kinney for Merrick B. Garland. [Entered: 05/17/2021 11:54:00 AM]
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Filing 4
BRIEFING SCHEDULE NOTICE. Certified Administrative Record due 6/21/2021, Petitioner Opening Brief due 8/20/2021, Respondent Answering Brief due 10/19/2021. 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: 05/17/2021 09:08:00 AM] Replaced PDF; resent NDA. [Edited: 07/08/2021 02:47:00 PM]
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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 5/17/2021. The U.S. Court of Appeals docket number 21-79 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: 05/17/2021 09:06:00 AM]
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Filing 2
MOTION to proceed in forma pauperis filed by Petitioner(s). [Entered: 05/17/2021 07:54:00 AM]
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Filing 1
PETITION FOR REVIEW filed by Petitioner(s). [Entered: 05/17/2021 07:54:00 AM]
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