Lemus Lemus v. Garland
| CHRISTIAN ALBERTO LEMUS LEMUS |
| MERRICK B. GARLAND, ATTORNEY GENERAL |
| 22-1000 |
| June 7, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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Filing 14
ORDER FILED. Milan D. SMITH, Jr., Daniel A. BRESS, Lawrence VANDYKE Petitioners motion to reinstate this petition for review (Docket Entry No. 13) is denied. This case remains closed. [Entered: 01/19/2023 04:38 PM]
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| Filing 13 MOTION to reinstate case filed by Petitioner Christian Alberto Lemus Lemus. [Entered: 11/16/2022 02:22 PM] |
| Filing 12 MANDATE ISSUED Milan D. SMITH, Jr., Daniel A. BRESS, Lawrence VANDYKE [Entered: 11/15/2022 10:34 AM] |
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Filing 11
ORDER FILED. Milan D. SMITH, Jr., Daniel A. BRESS, Lawrence VANDYKE Petitioner seeks review of a March 29, 2022, order of removal. The petition for review is untimely because it was filed on June 7, 2022, more than 30 days after the date of the order. See 8 U.S.C. 1252(b)(1); see also Sheviakov v. INS, 237 F.3d 1144, 1147-48 (9th Cir. 2001) (petition filed when received by court). We lack jurisdiction to review an untimely petition, and we lack authority to create any exceptions to the 30-day deadline. See Magtanong v. Gonzales, 494 F.3d 1190, 1191-92 (9th Cir. 2007). Petitioner may request that the Board of Immigration Appeals reissue the decision in its discretion, allowing for a new petition for review to be filed. See, e.g., Singh v. Gonzales, 494 F.3d 1170, 1172 (9th Cir. 2007). Petitioners motion to accept the late-filed petition (Docket Entry No. 5) is denied. The governments motion to dismiss this petition for lack of jurisdiction (Docket Entry No. 9) is granted. The temporary stay of removal remains in place until the mandate issues. PETITION FOR REVIEW DISMISSED. [Entered: 09/23/2022 03:35:00 PM]
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Filing 10
ORDER FILED. The government did not timely respond to the motion for stay of removal. The absence of a response is treated as a statement of non-opposition; the temporary stay of removal continues until the mandate issues unless the court orders otherwise. See 9th Cir. Gen. Ord. 6.4(c). [Entered: 08/04/2022 02:23:00 PM]
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| Filing 9 MOTION to dismiss for lack of jurisdiction filed by Respondent Merrick B. Garland. [Entered: 07/18/2022 12:50:00 PM] |
| Filing 8 CERTIFIED ADMINISTRATIVE RECORD filed. [Entered: 07/12/2022 06:18:00 AM] |
| Filing 7 ADDED John D. Williams for Respondent Merrick B. Garland. [Entered: 06/13/2022 12:03:00 PM] |
| Filing 6 NOTICE OF APPEARANCE by John D. Williams for Merrick B. Garland. [Entered: 06/13/2022 10:55:00 AM] |
| Filing 5 MOTION to accept late filing filed by Petitioner Chrisitan Alberto Lemus Lemus. [Entered: 06/08/2022 10:47:00 AM] |
| Filing 4 BRIEFING SCHEDULE NOTICE. Certified Administrative Record due 7/12/2022, Respondent Response to Stay Motion (Filed with PFR) due 8/2/2022, Petitioner Opening Brief due 9/12/2022, Respondent Answering Brief due 11/9/2022. 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: 06/07/2022 04:11:00 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 6/7/2022. The U.S. Court of Appeals docket number 22-1000 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: 06/07/2022 04:08:00 PM] |
| 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: 06/07/2022 01:40:00 PM] |
| Filing 1 PETITION FOR REVIEW filed by Petitioner(s). [Entered: 06/07/2022 01:40:00 PM] |
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| Petitioner: CHRISTIAN ALBERTO LEMUS LEMUS | |
| Represented By: | Christian Alberto Lemus Lemus |
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| Respondent: MERRICK B. GARLAND, ATTORNEY GENERAL | |
| Represented By: | OIL |
| Represented By: | Mr. John D. Williams |
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