Pina Huerta v. Garland
| JOSE ANTONIO PINA HUERTA |
| MERRICK B. GARLAND, U.S. ATTORNEY GENERAL |
| 22-176 |
| January 28, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 16 MANDATE ISSUED Jay S. BYBEE, Andrew D. HURWITZ, Ryan D. NELSON The judgment of this Court, entered 05/26/2022, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. [Entered: 07/21/2022 02:29:00 PM] |
Filing 15
ORDER FILED. Jay S. BYBEE, Andrew D. HURWITZ, Ryan D. NELSON Petitioner seeks review of the agencys discretionary denial of cancellation of removal. We lack jurisdiction to review this decision. See 8 U.S.C. 1252(a)(2)(B)(i); Patel v. Garland, No. 20-979, 2022 WL 1528346, at *7 (U.S. May 16, 2022) (review of any judgment regarding the granting of enumerated relief is barred by 8 U.S.C. 1252(a)(2)(B)(i)). The petition does not raise a colorable legal or constitutional claim over which we retain jurisdiction. See 8 U.S.C. 1252(a)(2)(D). Because the discretionary determination is dispositive, we do not address petitioners contentions regarding hardship to his son. See Simeonov v. Ashcroft, 371 F.3d 532, 538 (9th Cir. 2004) (courts and agencies are not required to reach non-dispositive issues). The Board of Immigration Appeals did not abuse its discretion in denying petitioners request to remand, where he failed to submit updated evidence of his sons diagnosis. See 8 C.F.R. 1003.2(c)(1); Angov v. Lynch, 788 F.3d 893, 897 (9th Cir. 2015) (motion to remand should be drafted in conformity with the motion to reopen regulations); Ayala v. Sessions, 855 F.3d 1012, 1020 (9th Cir. 2017) (a motion to reopen may be granted only upon a proffer of new evidence that is material and was not available and could not have been discovered or presented at the former hearing. (internal quotation marks omitted)). The governments motion to dismiss this petition for lack of jurisdiction (Docket Entry No. 12) is granted. The temporary stay of removal remains in place until issuance of the mandate. The motion for a stay of removal is otherwise denied. PETITION FOR REVIEW DENIED in part; DISMISSED in part. [Entered: 05/26/2022 02:47:00 PM]
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Filing 14
ORDER FILED. Streamlined Request for Extension of Time to File Opening Brief for 30 days (DE 13) denied as unnecessary. It is unnecessary. The briefing schedule is stayed. [Entered: 05/04/2022 02:47:00 PM]
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| Filing 13 STREAMLINED request for extension of time to file opening brief for 30 days filed by Petitioner Jose Antonio Pina Huerta. [Entered: 05/03/2022 03:38:00 PM] |
| Filing 12 MOTION to dismiss for lack of jurisdiction filed by Respondent Merrick B. Garland. [Entered: 03/17/2022 01:29:00 PM] |
| Filing 11 OPPOSITION to motion to stay removal filed by Respondent Merrick B. Garland. [Entered: 03/17/2022 01:27:00 PM] |
| Filing 10 CERTIFIED ADMINISTRATIVE RECORD filed. [Entered: 03/02/2022 07:51:00 AM] |
| Filing 9 ADDED Anthony Cardozo Payne for Respondent Merrick B. Garland. [Entered: 01/31/2022 01:38:00 PM] |
| Filing 8 ADDED Raya Jarawan for Respondent Merrick B. Garland. [Entered: 01/31/2022 01:34:00 PM] |
| Filing 7 NOTICE OF APPEARANCE by Anthony Cardozo Payne for Merrick B. Garland. [Entered: 01/31/2022 06:42:00 AM] |
| Filing 6 NOTICE OF APPEARANCE by Raya Jarawan for Merrick B. Garland. [Entered: 01/31/2022 06:32:00 AM] |
| Filing 5 BRIEFING SCHEDULE NOTICE. Certified Administrative Record due 3/4/2022, Respondent Response to Stay Motion (Filed with PFR) due 3/25/2022, Petitioner Opening Brief due 5/3/2022, Respondent Answering Brief due 7/5/2022. 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: 01/28/2022 04:17:00 PM] |
| Filing 4 MOTION TO STAY REMOVAL filed by Petitioner(s); REMOVAL STAYED pending further order of the court per General Order 6.4(c). [Entered: 01/28/2022 04:14:00 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 1/28/2022. The U.S. Court of Appeals docket number 22-176 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: 01/28/2022 04:14:00 PM] |
| Filing 2 PETITION FOR REVIEW filed by Petitioner(s). [Entered: 01/28/2022 03:54:00 PM] |
| Filing 1 AGENCY DECISION on review dated 12/29/2021. [Entered: 01/28/2022 03:51:00 PM] |
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| Petitioner: JOSE ANTONIO PINA HUERTA | |
| Represented By: | Mackenzie W. Mackins |
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| Respondent: MERRICK B. GARLAND, U.S. ATTORNEY GENERAL | |
| Represented By: | Ms. Raya Jarawan |
| Represented By: | OIL |
| Represented By: | Mr. Anthony Cardozo Payne |
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