Cruz Mendoza v. Garland
| JESUS CRUZ MENDOZA |
| MERRICK B. GARLAND, ATTORNEY GENERAL |
| 22-1814 |
| November 3, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on July 28, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 12 MANDATE ISSUED Jacqueline H. NGUYEN, Michelle T. FRIEDLAND, Jennifer SUNG [Entered: 07/28/2023 09:51 AM] |
Filing 11
ORDER FILED. Jacqueline H. NGUYEN, Michelle T. FRIEDLAND, Jennifer SUNG Petitioner seeks review of an order of the Board of Immigration Appeals (BIA) denying his motion to reopen removal proceedings. The BIA did not abuse its discretion in denying the motion, where petitioners contention that the immigration judge 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 subject matter jurisdiction, and 8 C.F.R. 1003.14(a) is satisfied when later notice provides hearing information). Petitioners reliance on Singh v. Garland, 24 F.4th 1315 (9th Cir. 2022), is misplaced as petitioner was not ordered removed in absentia. The motion for summary disposition (Docket Entry No. 10) 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); see also United States v. Hooton, 693 F.2d 857, 858 (9th Cir. 1982). 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. [Entered: 06/05/2023 04:57 PM]
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| Filing 10 MOTION for summary disposition and OPPOSITION to motion to stay removal filed by Respondent Merrick B. Garland. [COURT UPDATE: Edited docket text to reflect content of filing.] [Entered: 12/22/2022 09:56 AM] [Edited: 12/22/2022 10:27 AM] |
| Filing 9 CERTIFIED ADMINISTRATIVE RECORD filed by DOJ Executive Office Of Immigration Review. [Entered: 11/15/2022 02:43 AM] |
| Filing 8 ADDED Counsel for Respondent Krishana Patel for Respondent Merrick B. Garland. [Entered: 11/04/2022 11:41 AM] |
| Filing 7 NOTICE OF APPEARANCE by Krishana Patel for Merrick B. Garland. [Entered: 11/04/2022 11:33 AM] |
| Filing 6 BRIEFING SCHEDULE NOTICE. Certified Administrative Record due 12/8/2022, Respondent Response to Stay Motion (Filed with PFR) due 12/29/2022, Immigration Petitioner Opening Brief due 2/6/2023, Immigration Respondent Answering Brief due 4/7/2023. 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: 11/03/2022 03:27 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 11/3/2022. The U.S. Court of Appeals docket number 22-1814 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: 11/03/2022 03:23 PM] |
| Filing 4 AGENCY DECISION on review dated 10/4/2022. [Entered: 11/03/2022 03:22 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: 11/03/2022 03:22 PM] |
| Filing 2 AGENCY DECISION on review dated 10/4/2022. [Entered: 11/03/2022 03:22 PM] |
| Filing 1 PETITION FOR REVIEW filed by Petitioner(s). [Entered: 11/03/2022 03:22 PM] |
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| Petitioner: JESUS CRUZ MENDOZA | |
| Represented By: | Mr. Omar Nakib |
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| Respondent: MERRICK B. GARLAND, ATTORNEY GENERAL | |
| Represented By: | OIL |
| Represented By: | Ms. Krishana Patel |
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