Hernandez Ortega v. Garland
| PAMELA HERNANDEZ ORTEGA |
| MERRICK B. GARLAND, ATTORNEY GENERAL |
| 21-940 |
| October 19, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on June 26, 2023. A more recent docket listing may be available from PACER.
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Filing 49
MANDATE ISSUED Andrew D. HURWITZ, Ryan D. NELSON, Yvette Kane [21-940, 22-924] [Entered: 06/26/2023 09:10 AM]
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Filing 48
ORDER FILED. Andrew D. HURWITZ, Ryan D. NELSON, Yvette Kane The panel has voted to deny the petitions for panel rehearing. The petitions for panel rehearing, Dkt. 47 in No. 21-940 and Dkt. 36 in No. 22-924, are therefore denied. [21-940, 22-924] [Entered: 06/16/2023 04:25 PM]
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Filing 47
PETITION FOR PANEL REHEARING filed by Petitioner Pamela Hernandez Ortega. [22-924, 21-940] [Entered: 05/31/2023 05:30 PM]
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Filing 46
MEMORANDUM DISPOSITION (Andrew D. HURWITZ, Ryan D. NELSON, Yvette Kane) Accordingly, we deny the motions to stay removal (Dkt. No. 3 in both No. 21-940 and No. 22-924) as moot. NO. 21-940: PETITION FOR REVIEW DISMISSED IN PART AND DENIED IN PART. NO. 22-924: PETITION FOR REVIEW DENIED. FILED AND ENTERED JUDGMENT. [21-940, 22-924] [Entered: 05/17/2023 09:48 AM]
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Filing 45
SUBMITTED ON THE BRIEFS to Andrew D. HURWITZ, Ryan D. NELSON, Yvette Kane. [21-940, 22-924] [Entered: 05/09/2023 02:40 PM]
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Filing 44
ORDER FILED. The court is of the unanimous opinion that the facts and legal arguments are adequately presented in the briefs and record and the decisional process would not be significantly aided by oral argument. This case shall be submitted on the briefs and record, without oral argument, on May 9, 2023, in Pasadena, California. Fed. R. App. P. 34(a)(2). [21-940, 22-924] [Entered: 04/18/2023 02:20 PM]
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Filing 43
ACKNOWLEDGMENT of hearing notice filed by Yolanda Crystal Felix for Petitioner Pamela Hernandez Ortega. [22-924, 21-940] [Entered: 03/24/2023 07:55 AM]
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Filing 42
ACKNOWLEDGMENT of hearing notice filed by Rebecca Hoffberg Phillips for Respondent Merrick B. Garland. [21-940, 22-924] [Entered: 03/22/2023 01:38 PM]
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Filing 41
ACKNOWLEDGMENT of hearing notice filed by Yolanda Crystal Felix for Petitioner Pamela Hernandez Ortega. [22-924, 21-940] [Entered: 03/08/2023 04:09 PM]
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Filing 40
NOTICE OF ORAL ARGUMENT on Tuesday, May 9, 2023 - 09:00 A.M. - Courtroom 1 - Scheduled Location: Pasadena, CA. 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. [21-940, 22-924] [Entered: 02/27/2023 02:32 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 May 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. [22-924, 21-940] [Entered: 01/25/2023 03:33 PM]
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Filing 38
NOTICE: This case is being considered for an upcoming oral argument calendar in Pasadena, CA. Please review the Pasadena sitting dates for May 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 motion within 3 business days of this notice, using the filing type: Motion to Refer to Mediation. [21-940, 22-924] [Entered: 01/24/2023 03:00 PM]
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Filing 37
ORDER FILED. Streamlined Request for Extension of Time to File Reply Brief for 30 days (DE 36 in 21-940; DE 25 in 22-924) granted. Amended briefing schedule: Optional Consolidated Reply Brief due 1/23/2023. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. [21-940, 22-924] [Entered: 12/22/2022 05:17 PM]
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Filing 36
STREAMLINED request for extension of time to file reply brief for 30 days filed by Petitioner Pamela Hernandez Ortega. [22-924, 21-940] [Entered: 12/22/2022 04:45 PM]
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Filing 35
Paper copies (6) of submitted at DE by received. [22-924, 21-940] [Entered: 12/12/2022 03:05 PM]
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Filing 34
Paper copies (6) of Answering Brief submitted at DE 32 by Respondent Merrick B. Garland received. [21-940, 22-924] [Entered: 12/12/2022 03:03 PM]
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Filing 33
ORDER FILED. Answering Brief submitted at DE 32 in No. 21-940 and DE 21 in No. 22-924 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. [21-940, 22-924] [Entered: 12/02/2022 12:36 PM] [Edited: 12/02/2022 02:58 PM]
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Filing 32
ANSWERING BRIEF submitted for filing by Respondent Merrick B. Garland. [Entered: 12/02/2022 10:12 AM]
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Filing 31
Paper copies (6) of Opening Brief submitted at DE 27 by Petitioner Pamela Hernandez Ortega received 10/12/2022. [Entered: 10/14/2022 09:28 AM]
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Filing 30
ORDER FILED. Opening Brief in No. 22-924 submitted at DE 27 by Petitioner Pamela Hernandez Ortega 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. [21-940, 22-924] [Entered: 10/05/2022 02:44:00 PM]
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Filing 29
ORDER FILED. Petitioners motion (Docket Entry No. 28 in No. 21-940; Docket Entry No. 16 in No. 22-924) to file a late opening brief for case No. 22-924 is granted. The Clerk will file the opening brief submitted on October 2, 2022. The consolidated answering brief is now due December 5, 2022. The consolidated optional reply brief is due within 21 days after service of the consolidated answering brief. [Entered: 10/05/2022 10:39:00 AM]
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Filing 26
DEFECTIVE --- MOTION to accept late filing filed by Petitioner Pamela Hernandez Ortega. [Entered: 10/04/2022 10:34:00 AM]--[Duplicate filing, correct entry is DE 28] [Edited: 10/04/2022 03:27:00 PM]
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Filing 25
DEFECTIVE --- OPENING BRIEF submitted for filing by Petitioner Pamela Hernandez Ortega. [Entered: 10/04/2022 10:33:00 AM]--[Duplicate filing, correct entry is DE 27] [Edited: 10/04/2022 02:25:00 PM]
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Filing 28
MOTION to accept late filing filed by Petitioner Pamela Hernandez Ortega. [Entered: 10/04/2022 10:42:00 AM]--[COURT UPDATE: Backdated entry to date originally submitted in 22-924] [Edited: 10/04/2022 03:22:00 PM]
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Filing 27
OPENING BRIEF submitted for filing by Petitioner Pamela Hernandez Ortega. [Entered: 10/04/2022 10:40:00 AM]--[COURT UPDATE: Backdated entry to date originally submitted in 22-924] [Edited: 10/04/2022 02:27:00 PM]
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Filing 24
ORDER FILED. Streamlined Request for Extension of Time to File Opening Brief for 30 days (DE 23) granted. Amended briefing schedule: Immigration Petitioner Opening Brief for case No. 22-924 due 9/26/2022, Immigration Respondent Consolidated Answering Brief due 11/25/2022. Optional Consolidated Reply Brief due 21 days after service of Consolidated Answering Brief. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. [Entered: 08/24/2022 05:07:00 PM]
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Filing 23
STREAMLINED request for extension of time to file opening brief for 30 days filed by Petitioner Pamela Hernandez Ortega. [Entered: 08/24/2022 04:30:00 PM]
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Filing 22
OPPOSITION to motion to stay removal filed by Respondent Merrick B. Garland. [COURT ENTERED FILING. Originally filed in case 22-924 only.] [Entered: 07/06/2022 03:05:00 PM]
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Filing 21
ORDER FILED. Case Nos. 21-940 and 22-924 are consolidated. The parties must include both case numbers on all future filings. For case No. 21-940, the stay of appellate proceedings is lifted and the opening brief has been filed. For case No. 22-924, the certified administrative record is due June 27, 2022. The response to the motion to stay removal is due July 18, 2022. The opening brief is due August 26, 2022. The consolidated answering brief is due October 25, 2022. The optional consolidated reply brief is due within 21 days after service of the consolidated answering brief. Going forward, electronic filers are directed to upload their filings in case No. 21-940 and separately upload them in case No. 22-924. [Entered: 05/26/2022 03:19:00 PM]
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Filing 20
STATUS REPORT (as required by Court order) filed by Petitioner Pamela Hernandez Ortega. [Entered: 05/23/2022 03:53:00 PM]
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Filing 19
Paper copies (6) of Opening Brief submitted at DE 16 by Petitioner Pamela Hernandez Ortega received. [Entered: 03/09/2022 10:40:00 AM]
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Filing 18
ORDER FILED. Opening Brief submitted at DE 16 by Petitioner Pamela Hernandez Ortega 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: 03/01/2022 11:51:00 AM]
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Filing 17
ORDER FILED. Petitioners unopposed motion (Docket Entry No. 15) to stay appellate proceedings is granted. The Clerk will file the opening brief submitted at Docket Entry No. 16. The remaining previously established briefing schedule is vacated. Appellate proceedings are stayed until resolution of petitioners motion to reopen by the Board of Immigration Appeals or until further order of this court. Petitioner shall file a status report on May 23, 2022 and every 90 days thereafter while petitioners motion to reopen is pending. Status reports should include: any change in the status of petitioners motion to reopen; and the estimated date of resolution of petitioners motion to reopen, if known. Petitioner shall notify the court by filing a status report within 7 days of the resolution of petitioners motion to reopen. Failure to file a status report will terminate the stay of appellate proceedings.The remaining briefing schedule will be reset in a future order. [Entered: 03/01/2022 11:40:00 AM]
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Filing 16
OPENING BRIEF submitted for filing by Petitioner Pamela Hernandez Ortega. [Entered: 02/23/2022 11:31:00 PM]--[COURT UPDATE: Attached corrected PDF of brief] [Edited: 02/25/2022 04:24:00 PM]
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Filing 15
MOTION to hold case in abeyance filed by Petitioner Pamela Hernandez Ortega. [Entered: 02/22/2022 10:51:00 AM]
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Filing 14
ORDER FILED. Streamlined Request for Extension of Time to File Opening Brief for 30 days (DE 13) granted. Amended briefing schedule: Petitioner Opening Brief due 2/23/2022, Respondent Answering Brief due 4/25/2022. 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: 01/20/2022 04:54:00 PM]
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Filing 13
STREAMLINED request for extension of time to file opening brief for 30 days filed by Petitioner Pamela Hernandez Ortega. [Entered: 01/20/2022 04:38:00 PM]
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Filing 12
REPLY TO OPPOSITION TO MOTION TO STAY REMOVAL filed by Petitioner Pamela Hernandez Ortega. [Entered: 12/10/2021 12:01:00 AM]
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Filing 11
OPPOSITION to motion to stay removal filed by Respondent Merrick B. Garland. [Entered: 12/02/2021 07:30:00 PM]
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Filing 10
CERTIFIED ADMINISTRATIVE RECORD filed. [Entered: 11/08/2021 08:21:00 AM]
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Filing 9
ORDER FILED Motion to Proceed In Forma Pauperis or Form 4 (DE 4) granted. [Entered: 10/20/2021 11:48:00 AM]
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Filing 8
ADDED Rebecca Hoffberg Phillips for Respondent Merrick B. Garland. [Entered: 10/20/2021 08:35:00 AM]
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Filing 7
NOTICE OF APPEARANCE by Rebecca Hoffberg Phillips for Merrick B. Garland. [Entered: 10/20/2021 05:28:00 AM]
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Filing 6
BRIEFING SCHEDULE NOTICE. Certified Administrative Record due 11/23/2021, Respondent Response to Stay Motion (Filed with PFR) due 12/14/2021, Petitioner Opening Brief due 1/24/2022, Respondent Answering Brief due 3/23/2022. 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: 10/19/2021 02:33:00 PM]
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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 10/19/2021. The U.S. Court of Appeals docket number 21-940 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: 10/19/2021 02:30:00 PM]
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Filing 4
MOTION to proceed in forma pauperis filed by Petitioner(s). [Entered: 10/19/2021 02:29:00 PM]
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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: 10/19/2021 02:29:00 PM]
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Filing 2
AGENCY DECISION on review dated 10/15/2021. [Entered: 10/19/2021 02:29:00 PM]
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Filing 1
PETITION FOR REVIEW filed by Petitioner(s). [Entered: 10/19/2021 02:29:00 PM]
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| Petitioner: PAMELA HERNANDEZ ORTEGA | |
| Represented By: | Ms. Yolanda Crystal Felix |
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| Respondent: MERRICK B. GARLAND, ATTORNEY GENERAL | |
| Represented By: | OIL |
| Represented By: | Rebecca Hoffberg Phillips |
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