Montoya Gomez v. Garland
| JOSE LUIS MONTOYA GOMEZ |
| MERRICK B. GARLAND, ATTORNEY GENERAL |
| 22-1636 |
| October 3, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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Filing 37
ORDER FILED. Respondent's unopposed motion to remand this matter to the Board of Immigration Appeals (Docket Entry No. 36) is granted. Petitioners removal is stayed pending a Board decision in this matter. As stated in the unopposed motion, the parties shall bear their own fees and costs. This order served on the agency shall act as the mandate of this court. REMANDED. [Entered: 10/26/2023 10:35 AM]
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| Filing 36 MOTION to Remand filed by Respondent Merrick B. Garland. [Entered: 09/26/2023 06:19 PM] |
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Filing 35
ORDER FILED. Streamlined Request for Extension of Time to File Answering Brief for 30 days (DE 34) granted. Amended briefing schedule: Answering Brief Due 9/27/2023. 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: 08/21/2023 02:11 PM]
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| Filing 34 Streamlined Request for Extension of Time to File Answering Brief for 30 days filed by Respondent Merrick B. Garland. [Entered: 08/21/2023 09:21 AM] |
| Filing 33 Paper copies (6) of Opening Brief submitted at DE 31 by Petitioner Jose Luis Montoya Gomez received. [Entered: 07/06/2023 03:04 PM] |
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Filing 32
ORDER FILED. Opening Brief submitted at DE 31 by Petitioner Jose Luis Montoya Gomez 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: 06/30/2023 12:36 PM]
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| Filing 31 OPENING BRIEF submitted for filing by Petitioner Jose Luis Montoya Gomez. [Entered: 06/27/2023 10:39 PM] [Edited: 06/29/2023 09:56 AM] |
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Filing 30
ORDER FILED. Petitioner's unopposed motion (Docket Entry No. 29) for an extension of time to file a substitute opening brief is granted. Petitioners substitute opening brief is due on or before June 27, 2023. If a substitute opening brief is submitted, the Clerk will strike the opening brief submitted at Docket Entry No. 16. The answering brief is due August 28, 2023. The optional reply brief is due within 21 days after service of the answering brief. [Entered: 04/21/2023 04:06 PM]
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| Filing 29 MOTION to extend time to file opening brief filed by Petitioner Jose Luis Montoya Gomez. [Entered: 04/20/2023 09:51 PM] |
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Filing 28
ORDER FILED. The court has received petitioners response to the January 20, 2023, order. This case will proceed. Petitioner may file a substitute opening brief on or before April 28, 2023. If a substitute opening brief is submitted, the Clerk will strike the opening brief submitted at Docket Entry No. 16. The answering brief is due June 27, 2023. The optional reply brief is due 21 days after service of the answering brief. [Entered: 03/28/2023 10:40 AM]
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| Filing 27 STATUS REPORT (as required by Court order) filed by Petitioner Jose Luis Montoya Gomez. [Entered: 03/08/2023 12:49 PM] |
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Filing 26
ORDER FILED. Petitioners motion for appointment of counsel (Docket Entry No. 4) is denied as unnecessary because counsel has appeared on behalf of petitioner. Within 14 days of this order, petitioner must respond to the courts January 20, 2023, order, or file a motion for an extension of time to do so. Briefing remains stayed. [Entered: 02/22/2023 09:17 AM]
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| Filing 25 ADDED Counsel for Petitioner Niels W. Frenzen for Petitioner Jose Luis Montoya Gomez. [Entered: 02/02/2023 10:21 AM] |
| Filing 24 ADDED Counsel for Petitioner Jean Elizabeth Reisz for Petitioner Jose Luis Montoya Gomez. [Entered: 02/02/2023 10:17 AM] |
| Filing 23 NOTICE OF APPEARANCE by Niels W. Frenzen for Petitioner Jose Luis Montoya Gomez. [Entered: 02/02/2023 08:33 AM] |
| Filing 22 NOTICE OF APPEARANCE by Jean Elizabeth Reisz for Petitioner Jose Luis Montoya Gomez. [Entered: 02/02/2023 08:11 AM] |
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Filing 21
ORDER FILED. Petitioner attached evidence with his opening brief indicating that he filed a motion to vacate his conviction or sentence with the Superior Court of California on September 30, 2022. Within 14 days of this order, petitioner must file a status report updating the court about the current status of any post-conviction relief on petitioners behalf. Briefing remains stayed. [Entered: 01/20/2023 10:29 AM]
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| Filing 20 TERMINATED participation of Counsel for Respondent Siu Wong representing Respondent Merrick B. Garland. [Entered: 01/12/2023 02:20 PM] |
| Filing 19 ADDED Counsel for Respondent Lindsay M. Vick for Respondent Merrick B. Garland. [Entered: 01/12/2023 02:18 PM] |
| Filing 18 NOTICE OF APPEARANCE by Lindsay M. Vick for Respondent Merrick B. Garland replacing Lindsay M. Vick, Siu Wong. [Entered: 01/12/2023 01:12 PM] |
| Filing 17 CLERK ACTION: Opening Brief submitted at DE 16 by Petitioner Jose Luis Montoya Gomez is filed. Original and 0 copies. [Entered: 01/06/2023 02:05 PM] |
| Filing 16 OPENING BRIEF submitted for filing by Petitioner Jose Luis Montoya Gomez. [Entered: 01/06/2023 01:55 PM] |
| Filing 15 OPPOSITION to motion to stay removal filed by Respondent Merrick B. Garland. [Entered: 11/23/2022 08:56 PM] |
| Filing 14 CERTIFIED ADMINISTRATIVE RECORD filed by DOJ Executive Office Of Immigration Review. [Entered: 10/24/2022 08:45 AM] |
| Filing 13 Miscellaneous Pro Se Filings Filed [Entered: 10/12/2022 04:02 PM] |
| Filing 12 TERMINATED participation of Counsel for Respondent Lindsay M. Vick representing Respondent Merrick B. Garland. [Entered: 10/11/2022 02:35 PM] |
| Filing 11 ADDED Counsel for Respondent Siu Wong for Respondent Merrick B. Garland. [Entered: 10/11/2022 02:33 PM] |
| Filing 10 NOTICE OF APPEARANCE by Siu P. Wong for Merrick B. Garland replacing Lindsay M. Vick, replacing OIL. [Entered: 10/11/2022 01:13 PM] |
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Filing 9
ORDER FILED. Before: Lisa B. Fitzgerald, Appellate Commissioner. The motion to proceed in forma pauperis (Docket Entry No. 3) is granted. The Clerk will amend the docket to reflect this status. The certified administrative record remains due November 7, 2022. The response to the motion for a stay of removal remains due November 28, 2022. Briefing is stayed pending resolution of the motion for appointment of counsel. See 9th Cir. R. 27-11. [Entered: 10/06/2022 11:55:00 AM]
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| Filing 8 ADDED Counsel for Respondent Lindsay M. Vick for Respondent Merrick B. Garland. [Entered: 10/04/2022 12:41:00 PM] |
| Filing 7 NOTICE OF APPEARANCE by Lindsay M. Vick for Merrick B. Garland. [Entered: 10/04/2022 06:39:00 AM] |
| Filing 6 BRIEFING SCHEDULE NOTICE. Certified Administrative Record due 11/7/2022, Respondent Response to Stay Motion (Filed with PFR) due 11/28/2022, Immigration Petitioner Opening Brief due 1/6/2023, Immigration Respondent Answering Brief due 3/7/2023. 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: 10/03/2022 02:41:00 PM] |
| 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 10/3/2022. The U.S. Court of Appeals docket number 22-1636 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: 10/03/2022 02:37:00 PM] |
| Filing 4 MOTION for appointment of counsel filed by Petitioner(s). [Entered: 10/03/2022 02:16:00 PM] |
| Filing 3 MOTION to proceed in forma pauperis filed by Petitioner(s). [Entered: 10/03/2022 02:16:00 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: 10/03/2022 02:16:00 PM] |
| Filing 1 PETITION FOR REVIEW filed by Petitioner(s). [Entered: 10/03/2022 02:15:00 PM] |
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| Petitioner: JOSE LUIS MONTOYA GOMEZ | |
| Represented By: | Professor Niels W. Frenzen |
| Represented By: | Jean Elizabeth Reisz |
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| Respondent: MERRICK B. GARLAND, ATTORNEY GENERAL | |
| Represented By: | Ms. Lindsay M. Vick |
| Represented By: | OIL |
| Represented By: | Ms. Siu Wong |
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