Figueroa Caballero v. Garland
| ESTRELLA FIGUEROA |
| MERRICK B. GARLAND, ATTORNEY GENERAL |
| IMMIGRATION EQUALITY, LAMBDA LEGAL DEFENSE AND EDUCATION FUND, INC., MIJENTE, LOS ANGELES LGBT CENTER, NATIONAL CENTER FOR TRANSGENDER EQUALITY, TRANSGENDER LAW CENTER and OASIS LEGAL SERVICES |
| 22-1662 |
| October 7, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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Filing 47
ORDER FILED. Respondent's unopposed motion to remand this matter to the Board of Immigration Appeals (Docket Entry No. 46 in 22-1662, Docket Entry No. 64 in 20-73161) 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: 05/16/2023 03:29 PM]
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| Filing 46 MOTION to remand case filed by Respondent Merrick B. Garland. [Entered: 05/09/2023 03:09 PM] |
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Filing 45
ORDER FILED. Streamlined Request for Extension of Time to File Answering Brief for 30 days (DE 44) granted. Amended briefing schedule: Consolidated Answering Brief Due 5/17/2023. 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: 04/11/2023 12:41 PM]
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| Filing 44 STREAMLINED request for extension of time to file answering brief for 30 days filed by Respondent Merrick B. Garland. [Entered: 04/11/2023 08:44 AM] |
| Filing 43 Paper copies (6) of Amicus Brief submitted at DE 35 by Immigration Equality, et al in nos. 20-73161 and 22-1662 received. [Entered: 03/01/2023 12:31 PM] |
| Filing 42 ADDED Counsel for Amicus Curiae Christina S. Paek, Counsel for Amicus Curiae Nora Huppert for Amicus Curiae Lambda Legal Defense and Education Fund, Inc., Amicus Curiae Lambda Legal Defense and Education Fund, Inc.. [Entered: 02/28/2023 10:48 AM] |
| Filing 41 NOTICE OF APPEARANCE by Nora Huppert for Amicus Curiae Lambda Legal Defense and Education Fund, Inc.. [Entered: 02/28/2023 09:56 AM] |
| Filing 40 NOTICE OF APPEARANCE by Christina S. Paek for Amicus Curiae Lambda Legal Defense and Education Fund, Inc.. [Entered: 02/28/2023 09:45 AM] |
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Filing 39
ORDER FILED. Amicus Brief in 20-73161 and 22-1662 submitted at DE 35 by Immigration Equality, et al. is filed. Within 7 days of this order, Amici must file 6 copies of the brief in paper format bound with green 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.--[COURT UPDATE: Attached corrected order] [Entered: 02/27/2023 07:54 AM] [Edited: 02/27/2023 08:11 AM]
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| Filing 38 ADDED Counsel for Amicus Curiae Amanda Kelly Rice for Amicus Curiae Immigration Equality, Amicus Curiae Lambda Legal Defense and Education Fund, Inc., Amicus Curiae Mijente, Amicus Curiae Los Angeles LGBT Center, Amicus Curiae National Center for Transgender Equality, Amicus Curiae Transgender Law Center, Amicus Curiae Oasis Legal Services. [Entered: 02/27/2023 07:43 AM] |
| Filing 37 ADDED Amicus Curiae Immigration Equality, Amicus Curiae Lambda Legal Defense and Education Fund, Inc., Amicus Curiae Mijente, Amicus Curiae Los Angeles LGBT Center, Amicus Curiae National Center for Transgender Equality, Amicus Curiae Transgender Law Center, Amicus Curiae Oasis Legal Services. [Entered: 02/27/2023 07:37 AM] |
| Filing 36 Paper copies (7) of Opening Brief in Nos. 20-73161 and 22-1662 submitted at DE 30 by Petitioner Estrella Figueroa received. [Entered: 02/24/2023 04:10 PM] |
| Filing 35 AMICUS BRIEF by government or with consent submitted for filing by Immigration Equality, Lambda Legal Defense and Education Fund, Inc., and Other Organizations. [Entered: 02/23/2023 02:16 PM] |
| Filing 34 TERMINATED participation of Counsel for Respondent Jessica E. Burns representing Respondent Merrick B. Garland. [Entered: 02/21/2023 08:46 AM] |
| Filing 33 ADDED Counsel for Respondent Leslie McKay for Respondent Merrick B. Garland. [Entered: 02/21/2023 08:43 AM] |
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Filing 32
ORDER FILED. Opening Brief in Nos. 20-73161 and 22-1662 submitted at DE 30 by Petitioner Estrella Figueroa 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: 02/21/2023 07:51 AM]
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| Filing 31 NOTICE OF APPEARANCE by Leslie McKay for Respondent Merrick B. Garland replacing Jessica E. Burns. [Entered: 02/21/2023 04:29 AM] |
| Filing 30 OPENING BRIEF submitted for filing by Petitioner Estrella Figueroa.--[COURT UPDATE: Attached corrected brief, removed duplicate addendum] [Entered: 02/16/2023 10:00 PM] [Edited: 02/21/2023 11:08 AM] |
| Filing 29 ADDED Counsel for Petitioner Keren Hart Zwick for Petitioner Estrella Figueroa. [Entered: 02/10/2023 02:49 PM] |
| Filing 28 NOTICE OF APPEARANCE by Keren Hart Zwick for Petitioner Estrella Figueroa. [Entered: 02/10/2023 02:48 PM] |
| Filing 27 NOTICE OF APPEARANCE by Keren Hart Zwick for Petitioner Estrella Figueroa. [Entered: 02/10/2023 02:41 PM] |
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Filing 26
ORDER FILED. Petitioner's unopposed motion (Docket Entry No. 51 in No. 20-73161; Docket Entry No. 25 in No. 22-1662) for an extension of time to file the consolidated opening brief is granted. The consolidated opening brief is due February 16, 2023. The consolidated answering brief is due April 17, 2023. The optional consolidated reply brief is due within 21 days after service of the consolidated answering brief. [Entered: 02/03/2023 03:51 PM]
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| Filing 25 MOTION to extend time to file opening brief filed by Petitioner Estrella Figueroa. [Entered: 02/02/2023 10:06 AM] |
| Filing 24 ADDED Counsel for Petitioner Karishma Atul Shah for Petitioner Estrella Figueroa. [Entered: 01/27/2023 02:27 PM] |
| Filing 23 NOTICE OF APPEARANCE by Karishma Atul Shah for Petitioner Estrella Figueroa. [Entered: 01/27/2023 02:00 PM] |
| Filing 22 ADDED Counsel for Petitioner Yuri Han for Petitioner Estrella Figueroa. [Entered: 12/14/2022 04:16 PM] |
| Filing 21 NOTICE OF APPEARANCE by Yuri Han for Estrella Figueroa. [Entered: 12/14/2022 01:57 PM] |
| Filing 20 ADDED Counsel for Petitioner Colleen Mary Cowgill for Petitioner Estrella Figueroa. [Entered: 12/13/2022 02:49 PM] |
| Filing 19 NOTICE OF APPEARANCE by Colleen Mary Cowgill for Estrella Figueroa. [Entered: 12/13/2022 02:44 PM] |
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Filing 18
ORDER FILED. Streamlined Request for Extension of Time to File Opening Brief for 30 days (DE 17) granted. Amended briefing schedule: Immigration Petitioner Consolidated Opening Brief due 2/9/2023, Immigration Respondent Consolidated Answering Brief due 4/10/2023. Consolidated Optional 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: 12/13/2022 02:19 PM]
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| Filing 17 STREAMLINED request for extension of time to file opening brief for 30 days filed by Petitioner Estrella Figueroa. [Entered: 12/13/2022 11:16 AM] |
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Filing 16
ORDER FILED. Petitioners opposed motion (Docket Entry No. 41 in No. 20-73161; Docket Entry No. 13 in No. 22-1662) to stay appellate proceedings is denied. The consolidated opening brief remains due January 10, 2023. The consolidated answering brief is due March 13, 2023. The consolidated optional reply brief is due within 21 days after service of the consolidated answering brief. [Entered: 12/02/2022 01:29 PM]
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| Filing 15 REPLY to Response to Motion to Hold in Abeyance (DE 14) filed by Petitioner Estrella Figueroa. [Entered: 11/28/2022 02:58 PM] |
| Filing 14 RESPONSE to Motion to Hold in Abeyance (DE 13) filed by Respondent Merrick B. Garland. [Entered: 11/21/2022 07:42 AM] |
| Filing 13 MOTION to hold case in abeyance filed by Petitioner Estrella Figueroa. [Entered: 11/18/2022 02:13 PM] |
| Filing 12 ADDED Counsel for Petitioner Marten N. King for Petitioner Estrella Figueroa. [Entered: 11/14/2022 09:57 AM] |
| Filing 11 NOTICE OF APPEARANCE by Marten N. King for Estrella Figueroa. [Entered: 11/11/2022 02:32 PM] |
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Filing 10
ORDER FILED. Lisa B. Fitzgerald, Appellate Commissioner. The stay of appellate proceedings in No. 20-73161 is lifted. Petitioners motion to consolidate (Docket Entry No. 39 in No. 20-73161; Docket Entry No. 8 in No. 22-1662) is granted. Nos. 20-73161 and 22-1662 are consolidated. The parties must include both case numbers on all future filings. The temporary stay of removal in No. 20-73161 continues in effect until issuance of the mandate in these consolidated petitions for review, or further order of the court. See 9th Cir. Gen. Ord. 6.4(c). Petitioners request (Docket Entry No. 8 in No. 22-1662) to amend the caption is granted. The Clerk will amend the caption in No. 22-1662 to reflect that Estrella Figueroa is the petitioner in the case. Petitioners motion (Docket Entry No. 7 in No. 22-1662) to proceed in forma pauperis in No. 22-1662 is granted. The consolidated opening brief is now due January 10, 2023. The consolidated answering brief is due March 13, 2023. The optional consolidated reply brief is due within 21 days after service of the consolidated answering brief. Although these consolidated cases were opened in different systems (No. 20-73161 in CM/ECF and No. 22-1662 in ACMS), electronic filers are expected to submit future filings in ACMS only, under No. 22-1662. The court will then replicate the ACMS docket entries in CM/ECF, under No. 20-73161. [Entered: 11/08/2022 11:14 AM]
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| Filing 9 CERTIFIED ADMINISTRATIVE RECORD filed by DOJ Executive Office Of Immigration Review. [Entered: 10/25/2022 08:35 AM] |
| Filing 8 MOTION to consolidate filed by Petitioner Nulbio de Jesus Figueroa Caballero. [Entered: 10/14/2022 01:40 PM] |
| Filing 7 MOTION to proceed in forma pauperis filed by Petitioner(s). [Entered: 10/10/2022 03:42 PM] |
| Filing 6 ADDED Counsel for Respondent Jessica E. Burns for Respondent Merrick B. Garland. [Entered: 10/07/2022 10:15:00 AM] |
| Filing 5 NOTICE OF APPEARANCE by Jessica E. Burns for Merrick B. Garland. [Entered: 10/07/2022 10:07:00 AM] |
| Filing 4 BRIEFING SCHEDULE NOTICE. Certified Administrative Record due 11/14/2022, Immigration Petitioner Opening Brief due 1/10/2023, Immigration Respondent Answering Brief due 3/13/2023. 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: 10/07/2022 09:33:00 AM] |
| 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 10/6/2022. The U.S. Court of Appeals docket number 22-1662 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: 10/07/2022 09:30:00 AM] |
| Filing 2 AGENCY DECISION on review dated 9/8/2022. [Entered: 10/06/2022 09:10:00 PM] |
| Filing 1 PETITION FOR REVIEW filed by Petitioner(s). [Entered: 10/06/2022 09:09:00 PM] |
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