Guerrero-Torres v. Garland
| MARCOS GUERRERO-TORRES |
| MERRICK B. GARLAND, U.S. ATTORNEY GENERAL |
| 22-1786 |
| October 31, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Document Text |
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| Filing 19 MANDATE ISSUED William C. CANBY, Milan D. SMITH, Jr., Daniel A. BRESS [Entered: 04/24/2023 03:32 PM] |
Filing 18
ORDER FILED. William C. CANBY, Milan D. SMITH, Jr., Daniel A. BRESS Petitioner seeks review of an order of the Board of Immigration Appeals (BIA) upholding an immigration judges (IJ) denial of cancellation of removal and a motion to terminate proceedings. Petitioners contention that the IJ lacked jurisdiction over his proceedings 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 jurisdiction, and 8 C.F.R. 1003.14(a) is satisfied when later notice provides hearing information). See also Aguilar Fermin v. Barr, 958 F.3d 887, 895 (9th Cir. 2020) (lack of court address in notice to appear does not deprive immigration court of jurisdiction). We lack jurisdiction to review the IJs denial of cancellation of removal because petitioner did not exhaust this issue before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir. 2004) (no subject-matter jurisdiction over claims not presented in administrative proceedings below). The governments motion for summary disposition in part and to dismiss in part (Docket Entry No. 12) is granted because the questions on review are too insubstantial to warrant full briefing. See 9th Cir. R. 3-6(a) (standard for summary disposition). The temporary stay of removal remains in place until the mandate issues. The motion for a stay of removal is otherwise denied. PETITION FOR REVIEW DENIED in part; DISMISSED in part. [Entered: 03/01/2023 04:12 PM]
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Filing 17
ORDER FILED. Petitioners motion (Docket Entry No. 16) for an extension of time to file a response to the governments motion for summary disposition and opposition to the motion for a stay of removal is granted. Petitioners responses have been filed. Any reply by the government is due within 7 days after the date of this order. Briefing is stayed pending resolution of the governments motion for summary disposition. [Entered: 01/11/2023 11:08 AM]
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| Filing 16 MOTION to accept late filing filed by Petitioner Marcos Guerrero-Torres. [Entered: 01/08/2023 05:07 PM] |
| Filing 15 REPLY TO OPPOSITION TO MOTION TO STAY REMOVAL filed by Petitioner Marcos Guerrero-Torres. [Entered: 01/08/2023 05:04 PM] |
| Filing 14 RESPONSE to Motion for Summary Disposition (DE 12) filed by Petitioner Marcos Guerrero-Torres. [Entered: 01/08/2023 05:02 PM] |
| Filing 13 OPPOSITION to motion to stay removal filed by Respondent Merrick B. Garland. [Entered: 12/27/2022 02:11 PM] |
| Filing 12 MOTION for summary disposition filed by Respondent Merrick B. Garland. [Entered: 12/27/2022 12:16 PM] |
| Filing 11 ADDED Counsel for Petitioner Sean Paul Perdomo for Petitioner Marcos Guerrero-Torres. [Entered: 11/28/2022 11:37 AM] |
| Filing 10 NOTICE OF APPEARANCE by Sean Paul Perdomo for Marcos Guerrero-Torres. [Entered: 11/27/2022 07:14 AM] |
| Filing 9 CERTIFIED ADMINISTRATIVE RECORD filed by DOJ Executive Office Of Immigration Review. [Entered: 11/14/2022 07:11 AM] |
| Filing 8 ADDED Counsel for Respondent Aaron Nelson for Respondent Merrick B. Garland. [Entered: 11/02/2022 10:30 AM] |
| Filing 7 NOTICE OF APPEARANCE by Aaron Nelson for Merrick B. Garland. [Entered: 11/02/2022 07:58 AM] |
| Filing 6 BRIEFING SCHEDULE NOTICE. Certified Administrative Record due 12/5/2022, Respondent Response to Stay Motion (Filed with PFR) due 12/27/2022, Immigration Petitioner Opening Brief due 2/3/2023, Immigration Respondent Answering Brief due 4/4/2023. 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: 10/31/2022 04:46 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 10/31/2022. The U.S. Court of Appeals docket number 22-1786 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: 10/31/2022 04:44 PM] |
| Filing 4 AGENCY DECISION on review dated 9/30/2022. [Entered: 10/31/2022 04:44 PM] |
| Filing 3 MOTION TO STAY REMOVAL filed by Petitioner(s); REMOVAL STAYED pending further order of the court per General Order 6.4(c). [Entered: 10/31/2022 04:44 PM] |
| Filing 2 AGENCY DECISION on review dated 9/30/2022. [Entered: 10/31/2022 04:44 PM] |
| Filing 1 PETITION FOR REVIEW filed by Petitioner(s). [Entered: 10/31/2022 04:44 PM] |
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| Petitioner: MARCOS GUERRERO-TORRES | |
| Represented By: | Mr. Sean Paul Perdomo, I, Mr |
| Represented By: | Mr. Omar Nakib |
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| Respondent: MERRICK B. GARLAND, U.S. ATTORNEY GENERAL | |
| Represented By: | Mr. Aaron Nelson |
| Represented By: | OIL |
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