Ceto Cedillo v. Garland
| JACINTO CETO CEDILLO |
| MERRICK B. GARLAND, ATTORNEY GENERAL |
| 22-1974 |
| December 5, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Document Text |
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| Filing 15 MANDATE ISSUED A. Wallace TASHIMA, Sidney R. THOMAS, Lucy H. KOH [Entered: 05/31/2023 03:56 PM] |
Filing 14
ORDER FILED. A. Wallace TASHIMA, Sidney R. THOMAS, Lucy H. KOH Petitioner seeks review of an order of the Board of Immigration Appeals (BIA) upholding an immigration judges (IJ) decision finding his application for relief abandoned, and denying his motion to remand. The BIA did not abuse its discretion or violate due process by finding petitioner abandoned his application for relief when he failed to file it before the deadline set by the IJ. See 8 C.F.R. 1003.31(c) (2019) (If an application or document is not filed within the time set by the Immigration Judge, the opportunity to file that application or document shall be deemed waived.); see also Taggar v. Holder, 736 F.3d 886, 890 (9th Cir. 2013) (no abuse of discretion in finding application abandoned for failure to file within deadline set by IJ); Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (error and prejudice are required to prevail on a due process claim). The BIA did not abuse its discretion in denying petitioners motion to remand where he failed to demonstrate that the evidence was material and previously unavailable, or prima facie eligibility for relief. See 8 C.F.R. 1003.2(c)(1); Ramirez-Munoz v. Lynch, 816 F.3d 1226, 1228 (9th Cir. 2016) (BIA may deny a motion to reopen for failure to establish prima facie eligibility for the relief sought); Rodriguez v. INS, 841 F.2d 865, 867 (9th Cir. 1987) (requirements of motion to reopen and motion to remand are the same). The governments 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). The temporary stay of removal remains in place until the mandate issues. The motion for a stay of removal is otherwise denied. All other pending motions are denied as moot. PETITION FOR REVIEW DENIED. [Entered: 04/04/2023 04:24 PM]
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| Filing 13 MOTION to stay proceedings in this court filed by Respondent Merrick B. Garland. [Entered: 03/13/2023 08:28 AM] |
| Filing 12 CLERK ACTION: Opening Brief submitted at DE 11 by Petitioner Jacinto Ceto Cedillo is filed. Original and 0 copies. [Entered: 03/10/2023 12:37 PM] |
| Filing 11 OPENING BRIEF submitted for filing by Petitioner Jacinto Ceto Cedillo. [Entered: 03/10/2023 12:34 PM] |
| Filing 10 MOTION for summary disposition filed by Respondent Merrick B. Garland. [Entered: 12/16/2022 11:36 AM] |
| Filing 9 OPPOSITION to motion to stay removal filed by Respondent Merrick B. Garland. [Entered: 12/16/2022 11:35 AM] |
| Filing 8 CERTIFIED ADMINISTRATIVE RECORD filed by DOJ Executive Office Of Immigration Review. [Entered: 12/13/2022 04:53 AM] |
| Filing 7 ADDED Counsel for Respondent Aric Allan Anderson for Respondent Merrick B. Garland. [Entered: 12/06/2022 10:43 AM] |
| Filing 6 NOTICE OF APPEARANCE by Aric Allan Anderson for Merrick B. Garland. [Entered: 12/06/2022 10:38 AM] |
| Filing 5 FEE PAID by Petitioner(s). (Receipt #4709005639) [Entered: 12/05/2022 03:59 PM] |
| Filing 4 BRIEFING SCHEDULE NOTICE. Certified Administrative Record due 1/9/2023, Respondent Response to Stay Motion (Filed with PFR) due 1/30/2023, Immigration Petitioner Opening Brief due 3/10/2023, Immigration Respondent Answering Brief due 5/9/2023. 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: 12/05/2022 03:45 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 12/5/2022. The U.S. Court of Appeals docket number 22-1974 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: 12/05/2022 03:42 PM] |
| Filing 2 MOTION TO STAY REMOVAL filed by Petitioner(s); REMOVAL STAYED pending further order of the court per General Order 6.4(c). [Entered: 12/05/2022 03:41 PM] |
| Filing 1 PETITION FOR REVIEW filed by Petitioner(s). [Entered: 12/05/2022 03:41 PM] |
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| Petitioner: JACINTO CETO CEDILLO | |
| Represented By: | Jacinto Ceto Cedillo |
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| Respondent: MERRICK B. GARLAND, ATTORNEY GENERAL | |
| Represented By: | Mr. Aric Allan Anderson |
| Represented By: | OIL |
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