Avila-Alfaro v. Garland
| FRANCIS BLADIMIR AVILA-ALFARO |
| MERRICK B. GARLAND, ATTORNEY GENERAL |
| 22-2041 |
| December 19, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 21 NOTICE: This case is being considered for an upcoming oral argument calendar in Pasadena. Please review the Pasadena sitting dates for March 2024 and the subsequent sitting month in that location at #http://www.ca9.uscourts.gov/court_sessions. Absent an irreconcilable conflict, the court expects you to appear and argue your case during one of these two months. If you have an irreconcilable conflict on any of the dates, please consult with opposing counsel to propose an alternate date and/or location and file Form 32 (#http://www.ca9.uscourts.gov/forms/form32.pdf) within 3 business days of this notice using the ACMS filing type Response to Case Being Considered for Oral Argument. Please follow the form's instructions (#http://www.ca9.uscourts.gov/forms/form32instructions.pdf) carefully. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a motion within 3 business days of this notice, using the filing type: Motion to Refer to Mediation. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. [22-2041] [Entered: 11/06/2023 12:04 PM] |
| Filing 20 Paper copies (6) of Answering Brief submitted at DE 17 by Respondent Merrick B. Garland received. [Entered: 10/20/2023 01:41 PM] |
Filing 19
ORDER FILED. Answering Brief submitted at DE 17 by Respondent Merrick B. Garland is filed. Within 7 days of this order, Respondent must file 6 copies of the brief in paper format bound with red 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: 10/13/2023 10:59 AM]
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| Filing 18 DEFECTIVE --- ANSWERING BRIEF submitted for filing by Respondent Merrick B. Garland.--[Duplicate filing, correct entry is DE 17] [Entered: 10/12/2023 02:04 PM] [Edited: 10/13/2023 10:57 AM] |
| Filing 17 ANSWERING BRIEF submitted for filing by Respondent Merrick B. Garland.--[COURT UPDATE: Attached PDF with reviewer's comments removed] [Entered: 10/12/2023 01:55 PM] [Edited: 10/13/2023 10:57 AM] |
| Filing 16 TERMINATED participation of Counsel for Respondent Carmel Aileen Morgan representing Respondent Merrick B. Garland. [Entered: 10/12/2023 01:44 PM] |
| Filing 15 ADDED Counsel for Respondent Russell John Verby [Entered: 10/12/2023 01:44 PM] |
| Filing 14 NOTICE OF APPEARANCE by Russell John Verby for Respondent Merrick B. Garland replacing Carmel Aileen Morgan. [Entered: 10/12/2023 01:40 PM] |
| Filing 13 Paper copies (6) of Opening Brief submitted at DE 9 by Petitioner Francis Bladimir Avila-Alfaro received. [Entered: 10/02/2023 02:35 PM] |
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Filing 12
ORDER FILED. Opening Brief submitted at DE 9 by Petitioner Francis Bladimir Avila-Alfaro 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: 08/18/2023 04:25 PM]
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Filing 11
ORDER FILED. Mary M. SCHROEDER, Marsha S. BERZON, John B. OWENS Petitioners opposed motion to reinstate this petition for review (Docket Entry No. 8) is granted. The order of dismissal for failure to prosecute (Docket Entry No. 7) is vacated. The petition for review is reinstated. The Clerk will file the opening brief submitted at Docket Entry No. 9. The answering brief is due October 18, 2023. The optional reply brief is due within 21 days after service of the answering brief. [Entered: 08/17/2023 04:51 PM]
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| Filing 10 RESPONSE to Motion to Reinstate (DE 8) filed by Respondent Merrick B. Garland. [Entered: 06/29/2023 05:41 PM] |
| Filing 9 OPENING BRIEF submitted for filing by Petitioner Francis Bladimir Avila-Alfaro. [Entered: 06/24/2023 10:54 AM] |
| Filing 8 MOTION to reinstate case filed by Petitioner Francis Bladimir Avila-Alfaro. [Entered: 06/24/2023 10:53 AM] |
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Filing 7
ORDER FILED. Petitioner has failed to file the opening brief in this case. Pursuant to Ninth Circuit Rule 42-1, this case is dismissed for failure to prosecute. This order will be served on the agency and will become the mandate of the court in 21 days. [Entered: 05/24/2023 02:54 PM]
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| Filing 6 CERTIFIED ADMINISTRATIVE RECORD filed by DOJ Executive Office Of Immigration Review. [Entered: 12/28/2022 06:25 AM] |
| Filing 5 ADDED Counsel for Respondent Carmel Aileen Morgan for Respondent Merrick B. Garland. [Entered: 12/19/2022 05:19 PM] |
| Filing 4 NOTICE OF APPEARANCE by Carmel Aileen Morgan for Merrick B. Garland. [Entered: 12/19/2022 04:23 PM] [Edited: 12/19/2022 05:17 PM] |
| Filing 3 BRIEFING SCHEDULE NOTICE. Certified Administrative Record due 1/23/2023, Immigration Petitioner Opening Brief due 3/24/2023, Immigration Respondent Answering Brief due 5/23/2023. 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: 12/19/2022 09:20 AM] |
| Filing 2 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 12/19/2022. The U.S. Court of Appeals docket number 22-2041 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: 12/19/2022 09:16 AM] |
| Filing 1 PETITION FOR REVIEW filed by Petitioner(s). [Entered: 12/19/2022 09:12 AM] |
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| Petitioner: FRANCIS BLADIMIR AVILA-ALFARO | |
| Represented By: | Mr. Ramiro Jose Lluis |
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| Respondent: MERRICK B. GARLAND, ATTORNEY GENERAL | |
| Represented By: | Oil |
| Represented By: | Mr. Russell John Verby |
| Represented By: | Ms. Carmel Aileen Morgan |
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