Aguilar Linares v. Garland
| LUIS AGUILAR LINARES |
| MERRICK B. GARLAND, ATTORNEY GENERAL |
| 22-1673 |
| October 11, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 24, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 22 MANDATE ISSUED Jacqueline H. NGUYEN, Michelle T. FRIEDLAND, Jennifer SUNG [Entered: 07/24/2023 09:15 AM] |
Filing 21
ORDER FILED. Jacqueline H. NGUYEN, Michelle T. FRIEDLAND, Jennifer SUNG Petitioner seeks review of an order of the Board of Immigration Appeals (BIA) declining to reopen removal proceedings sua sponte. We lack jurisdiction to review this discretionary determination, other than for the limited purpose of reviewing for legal or constitutional error. See Lona v. Barr, 958 F.3d 1225, 1227 (9th Cir. 2020). We find no legal or constitutional error on the face of the BIAs decision. See id. at 1234. To the extent petitioner contends that the immigration judge lacked jurisdiction over his proceedings, this contention is foreclosed by United States v. Bastide-Hernandez, 39 F.4th 1187, 1188, 1193 (9th Cir. 2022) (en banc) (lack of hearing information in notice to appear does not deprive immigration court of subject matter jurisdiction, and 8 C.F.R. 1003.14(a) is satisfied when later notice provides hearing information). The motion to dismiss this petition for lack of jurisdiction (Docket Entry No. 18) is granted in part. We grant summary disposition in part because the questions on review are too insubstantial to warrant full briefing. See 9th Cir. R. 3-6(a) (standard for summary disposition); see also United States v. Hooton, 693 F.2d 857, 858 (9th Cir. 1982). PETITION FOR REVIEW DENIED in part; DISMISSED in part. [Entered: 06/01/2023 03:55 PM]
|
| Filing 20 REPLY to Response to Motion to Dismiss (DE 19) filed by Respondent Merrick B. Garland. [Entered: 04/13/2023 08:49 AM] |
| Filing 19 RESPONSE to Motion to Dismiss (DE 18) filed by Petitioner Luis Aguilar Linares. [Entered: 04/10/2023 02:18 PM] |
| Filing 18 MOTION to dismiss case filed by Respondent Merrick B. Garland. [Entered: 04/03/2023 06:11 AM] |
| Filing 17 Paper copies (6) of Opening Brief submitted at DE 12 by Petitioner Luis Aguilar Linares received. [Entered: 01/19/2023 04:13 PM] |
| Filing 16 TERMINATED participation of Counsel for Respondent Thankful Vanderstar representing Respondent Merrick B. Garland. [Entered: 01/18/2023 08:45 AM] |
| Filing 15 ADDED Counsel for Respondent Walter Bocchini for Respondent Merrick B. Garland. [Entered: 01/18/2023 08:42 AM] |
| Filing 14 NOTICE OF APPEARANCE by Walter Bocchini for Respondent Merrick B. Garland replacing Thankful Vanderstar. [Entered: 01/18/2023 04:45 AM] |
|
Filing 13
ORDER FILED. Opening Brief submitted at DE 12 by Petitioner Luis Aguilar Linares 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: 01/12/2023 03:41 PM]
|
| Filing 12 OPENING BRIEF submitted for filing by Petitioner Luis Aguilar Linares. [Entered: 01/12/2023 11:27 AM] |
|
Filing 11
ORDER FILED. Lisa B. Fitzgerald, Appellate Commissioner. The motion to proceed in forma pauperis (Docket Entry No. 10) is granted. The Clerk will amend the docket to reflect this status. The opening brief is now due February 6, 2023. The answering brief is due April 7, 2023. The optional reply brief is due within 21 days after service of the answering brief. [Entered: 01/06/2023 04:38 PM]
|
| Filing 10 MOTION to proceed in forma pauperis filed by Petitioner(s). [Entered: 12/16/2022 10:04 AM] |
|
Filing 9
ORDER FILED. The court has not received a response to its October 17, 2022 order. If petitioner does not pay fees or file a Form 4 within 28 days of this order, this case will be dismissed. See 9th Cir. R. 42-1. The Clerk will serve a Form 4 financial affidavit on petitioner. [Entered: 11/18/2022 03:42 PM]
|
| Filing 8 CERTIFIED ADMINISTRATIVE RECORD filed by DOJ Executive Office Of Immigration Review. [Entered: 11/03/2022 07:24 AM] |
|
Filing 7
ORDER FILED. To proceed in this court, petitioner must pay a $500 filing fee or seek in forma pauperis status. If petitioner does not pay the fees or file a motion to proceed in forma pauperis within 28 days of this order, the petition may be dismissed for failure to comply. See 9th Cir. R. 42-1. The Clerk will serve a Form 4 financial affidavit on petitioner. [Entered: 10/17/2022 02:52 PM]
|
| Filing 6 ADDED Counsel for Respondent Thankful Vanderstar for Respondent Merrick B. Garland. [Entered: 10/11/2022 01:07 PM] |
| Filing 5 NOTICE OF APPEARANCE by Thankful Vanderstar for Merrick B. Garland. [Entered: 10/11/2022 12:43 PM] |
| Filing 4 BRIEFING SCHEDULE NOTICE. Certified Administrative Record due 11/15/2022, Immigration Petitioner Opening Brief due 1/16/2023, Immigration Respondent Answering Brief due 3/15/2023. 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: 10/11/2022 09:20 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 10/8/2022. The U.S. Court of Appeals docket number 22-1673 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: 10/11/2022 09:16 AM] |
| Filing 2 AGENCY DECISION on review dated 10/4/2022. [Entered: 10/11/2022 09:15 AM] |
| Filing 1 PETITION FOR REVIEW filed by Petitioner(s). [Entered: 10/11/2022 09:15 AM] |
Access additional case information on PACER
Access the Case Summary and Docket Report to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
| Search for this case: Aguilar Linares v. Garland | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Petitioner: LUIS AGUILAR LINARES | |
| Represented By: | Mr. Mario Acosta |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Respondent: MERRICK B. GARLAND, ATTORNEY GENERAL | |
| Represented By: | OIL |
| Represented By: | Miss Thankful Vanderstar |
| Represented By: | Mr. Walter Bocchini |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
