Hernandez Garcia v. Garland
| LUIS FERNANDO HERNANDEZ GARCIA |
| MERRICK B. GARLAND, ATTORNEY GENERAL |
| 22-234 |
| February 10, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 35 MANDATE ISSUED Danny J. Boggs, Milan D. SMITH, Jr., John B. OWENS [Entered: 06/16/2023 10:35 AM] |
| Filing 34 TEXT CLERK ORDER. Petitioners motion for a stay of removal pending resolution of his petition for review (Dkt No. 2) and supplemental motion for a stay of removal (Dkt No. 5) are GRANTED. The stay of removal remains in place until the mandate issues. [Entered: 04/24/2023 09:38 AM] |
| Filing 33 MEMORANDUM DISPOSITION (Danny J. Boggs, Milan D. SMITH, Jr., John B. OWENS) PETITION FOR REVIEW DENIED. FILED AND ENTERED JUDGMENT. [Entered: 04/24/2023 09:37 AM] |
| Filing 32 ARGUED AND SUBMITTED to Danny J. Boggs, Milan D. SMITH, Jr., John B. OWENS. Audio and video recordings of the argument are available on the courts website at #https://www.ca9.uscourts.gov/media/. [Entered: 03/27/2023 11:30 PM] |
| Filing 31 RESPONSE to Citation of Supplemental Authorities (28j Letter) (DE 30) filed by Petitioner Luis Fernando Hernandez Garcia. [Entered: 03/21/2023 11:35 AM] |
| Filing 30 CITATION of supplemental authorities (28j Letter) filed by Respondent Merrick B. Garland. [Entered: 03/17/2023 09:14 AM] |
| Filing 29 ACKNOWLEDGMENT of hearing notice filed by Camille K. Cook for Petitioner Luis Fernando Hernandez Garcia. [Entered: 03/14/2023 04:03 PM] |
| Filing 28 ACKNOWLEDGMENT of hearing notice filed by Joseph D. Hardy for Respondent Merrick B. Garland. [Entered: 03/13/2023 11:45 AM] |
| Filing 27 NOTICE OF ORAL ARGUMENT on Monday, March 27, 2023 - 09:00 A.M. - Courtroom 3 - Scheduled Location: San Francisco View the Oral Argument Calendar for your case #here. NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you may appear in person at the Courthouse or remotely by video. At this time, even when in person hearings resume, an election to appear remotely by video will not require a motion, and any attorney wishing to appear in person must provide proof of vaccination. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you at least two weeks before the argument date to review any requirements for in person appearance or to make any necessary arrangements for remote appearance. Please note however that if you wish to appear remotely by telephone you will need to file a motion requesting permission to do so. Be sure to review the #GUIDELINES for important information about your hearing. If you are the specific attorney or self-represented party who will be arguing, use the ACKNOWLEDGMENT OF HEARING NOTICE filing type in ACMS no later than 28 days before the hearing date. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice. [Entered: 01/17/2023 10:02 AM] |
| Filing 26 NOTICE: This case is being considered for an upcoming oral argument calendar in San Francisco, CA. Please review the San Francisco sitting dates for March 6-10 and March 27-31, 2023 at #http://www.ca9.uscourts.gov/court_sessions. If you have an unavoidable conflict on either of the dates, please 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. When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. 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 motoin within 3 business days of this notice, using the filing type: Motion to Refer to Mediation. [Entered: 11/22/2022 09:08 AM] |
| Filing 25 NOTICE: This case is being considered for an upcoming oral argument calendar in San Francisco, CA on February 15-17, 2023. Please review the San Francisco, CA sitting dates for February 2023 in that location at #http://www.ca9.uscourts.gov/court_sessions. If you have an unavoidable conflict on either of the dates, please 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. When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. 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 motoin within 3 business days of this notice, using the filing type: Motion to Refer to Mediation. Court Update: Date Corrected. [Entered: 10/25/2022 10:45 AM] [Edited: 10/26/2022 09:34 AM] |
| Filing 24 Paper copies (6) of Reply Brief submitted at DE 22 by Petitioner Luis Fernando Hernandez Garcia received. [Entered: 08/22/2022 02:37:00 PM] |
Filing 23
ORDER FILED. Reply Brief submitted at DE 22 by Petitioner Luis Fernando Hernandez Garcia is filed. Within 7 days of this order, Petitioner must file 6 copies of the brief in paper format bound with gray 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: 08/17/2022 03:55:00 PM]
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| Filing 22 REPLY BRIEF submitted for filing by Petitioner Luis Fernando Hernandez Garcia. [Entered: 08/17/2022 03:12:00 PM] |
| Filing 21 Paper copies (6) of Answering Brief submitted at DE 19 by Respondent Merrick B. Garland received. [Entered: 08/03/2022 02:32:00 PM] |
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Filing 20
ORDER FILED. Answering Brief submitted at DE 19 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: 07/28/2022 01:34:00 PM]
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| Filing 19 ANSWERING BRIEF submitted for filing by Respondent Merrick B. Garland. [Entered: 07/28/2022 12:24:00 PM] |
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Filing 18
ORDER FILED. Streamlined Request for Extension of Time to File Answering Brief for 30 days (DE 17) granted. Amended briefing schedule: Respondent Answering Brief due 8/15/2022. 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. [Entered: 07/12/2022 01:19:00 PM]
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| Filing 17 STREAMLINED request for extension of time to file answering brief for 30 days filed by Respondent Merrick B. Garland. [Entered: 07/12/2022 06:44:00 AM] |
| Filing 16 Paper copies (6) of Opening Brief submitted at DE 14 by Petitioner Luis Fernando Hernandez Garcia received. [Entered: 05/23/2022 05:16:00 PM] |
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Filing 15
ORDER FILED. Opening Brief submitted at DE 14 by Petitioner Luis Fernando Hernandez Garcia 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: 05/17/2022 11:25:00 AM]
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| Filing 14 OPENING BRIEF submitted for filing by Petitioner Luis Fernando Hernandez Garcia. [Entered: 05/16/2022 10:37:00 AM]--[COURT UPDATE: Attached addendum] [Edited: 05/17/2022 11:19:00 AM] |
| Filing 13 REPLY TO OPPOSITION TO SUPPLEMENTAL MOTION TO STAY OF REMOVAL filed by Petitioner Luis Fernando Hernandez Garcia. [Entered: 04/11/2022 12:45:00 PM]--[COURT ENTERED FILING to correct DE 12.] |
| Filing 12 DEFECTIVE --- SUPPLEMENT to Motion to Stay Removal (entry 2) filed by Petitioner Luis Fernando Hernandez Garcia. [Entered: 04/08/2022 03:49:00 PM]--[Wrong filing type used. Correct entry at DE 13.] [Edited: 04/11/2022 12:48:00 PM] |
| Filing 11 OPPOSITION TO SUPPLEMENTAL MOTION TO STAY REMOVAL filed by Respondent Merrick B. Garland. [Entered: 04/01/2022 10:33:00 AM] |
| Filing 10 CERTIFIED ADMINISTRATIVE RECORD filed. [Entered: 03/09/2022 11:01:00 AM] |
| Filing 9 ADDED Joseph D. Hardy for Respondent Merrick B. Garland. [Entered: 02/25/2022 09:57:00 AM] |
| Filing 8 ADDED Anthony Cardozo Payne for Respondent Merrick B. Garland. [Entered: 02/25/2022 09:56:00 AM] |
| Filing 7 NOTICE OF APPEARANCE by Joseph D. Hardy for Merrick B. Garland. [Entered: 02/25/2022 09:54:00 AM] |
| Filing 6 NOTICE OF APPEARANCE by Anthony Cardozo Payne for Merrick B. Garland. [Entered: 02/25/2022 09:51:00 AM] |
| Filing 5 SUPPLEMENTAL MOTION TO STAY REMOVAL filed by Petitioner Luis Fernando Hernandez Garcia. [Entered: 02/23/2022 04:12:00 PM] |
| Filing 4 BRIEFING SCHEDULE NOTICE. Certified Administrative Record due 3/17/2022, Respondent Response to Stay Motion (Filed with PFR) due 4/7/2022, Petitioner Opening Brief due 5/16/2022, Respondent Answering Brief due 7/15/2022. 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: 02/10/2022 01:56:00 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 2/10/2022. The U.S. Court of Appeals docket number 22-234 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: 02/10/2022 01:53:00 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: 02/10/2022 12:22:00 PM] |
| Filing 1 PETITION FOR REVIEW filed by Petitioner(s). [Entered: 02/10/2022 12:22:00 PM] |
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| Petitioner: LUIS FERNANDO HERNANDEZ GARCIA | |
| Represented By: | Ms. Camille K. Cook |
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| Respondent: MERRICK B. GARLAND, ATTORNEY GENERAL | |
| Represented By: | Mr. Joseph D. Hardy |
| Represented By: | OIL |
| Represented By: | Mr. Anthony Cardozo Payne |
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