Aguiluz Pelagio v. Garland
| MARITZA AGUILUZ PELAGIO, JESUS DANIEL ACUNA AGUILUZ and YULIANA ACUNA AGUILUZ |
| MERRICK B. GARLAND, ATTORNEY GENERAL |
| 22-297 |
| February 18, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
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| AGUILUZ PELAGIO, ET AL. V. GARLAND |
Docket Report
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This docket was last retrieved on November 6, 2023. A more recent docket listing may be available from PACER.
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Filing 35
ORDER FILED. The court is of the unanimous opinion that the facts and legal arguments are adequately presented in the briefs and record and the decisional process would not be significantly aided by oral argument. Petitioners unopposed motion to submit (Dkt. 31) is GRANTED. This case shall be submitted on the briefs and record, without oral argument, on December 13, 2023, in Pasadena, California. See Fed. R. App. P. 34(a)(2). [Entered: 11/06/2023 10:50 AM]
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| Filing 34 NOTICE OF ORAL ARGUMENT on Wednesday, December 13, 2023 - 09:00 A.M. - Courtroom 1 - Scheduled Location: Pasadena CA 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. [22-297] [Entered: 10/01/2023 06:17 AM] |
| Filing 33 NOTICE: This case is being considered for an upcoming oral argument calendar in Pasadena. Please review the Pasadena sitting dates for December 2023 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. [22-297] [Entered: 08/16/2023 10:09 AM] |
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Filing 32
ORDER FILED. Petitioners motion (Docket Entry No. 31) to submit the case on the briefs, and any further responses, are referred for resolution to the panel that will consider the merits of the petition for review. [Entered: 07/28/2023 11:36 AM]
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| Filing 31 MOTION to submit case on briefs without oral argument filed by Petitioner Maritza Aguiluz Pelagio, Petitioner Jesus Daniel Acuna Aguiluz, Petitioner Yuliana Acuna Aguiluz. [Entered: 07/26/2023 05:37 PM] |
| Filing 30 NOTICE: This case is being considered for an upcoming oral argument calendar in Pasadena. Please review the Pasadena sitting dates for November 2023 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. [22-297] [Entered: 07/18/2023 11:22 AM] |
| Filing 29 Paper copies (6) of Answering Brief submitted at DE 27 by Respondent Merrick B. Garland received. [Entered: 04/13/2023 03:20 PM] |
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Filing 28
ORDER FILED. Answering Brief submitted at DE 27 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: 04/05/2023 02:51 PM]
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| Filing 27 ANSWERING BRIEF submitted for filing by Respondent Merrick B. Garland. [Entered: 04/05/2023 02:24 PM] |
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Filing 26
ORDER FILED. Respondent's unopposed motion (Docket Entry No. 25) for an extension of time to file the answering brief is granted. The respondent's answering brief is due April 7, 2023. The optional reply brief is due within 21 days after service of the answering brief. [Entered: 01/25/2023 04:29 PM]
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| Filing 25 MOTION to extend time to file answering brief filed by Respondent Merrick B. Garland. [Entered: 01/24/2023 09:58 AM] |
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Filing 24
ORDER FILED. Streamlined Request for Extension of Time to File Answering Brief for 30 days (DE 23) granted. Amended briefing schedule: Immigration Respondent Answering Brief due 2/6/2023. 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. [Entered: 11/23/2022 08:43 AM]
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| Filing 23 STREAMLINED request for extension of time to file answering brief for 30 days filed by Respondent Merrick B. Garland. [Entered: 11/21/2022 04:37 PM] |
| Filing 22 Paper copies (6) of Opening Brief submitted at DE 20 by Petitioners Maritza Aguiluz Pelagio, et al received 11/14/2022. [Entered: 11/15/2022 09:48 AM] |
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Filing 21
ORDER FILED. Opening Brief submitted at DE 20 by Petitioners Maritza Aguiluz Pelagio, et al. is filed. Within 7 days of this order, Petitioners 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: 11/08/2022 01:54 PM]
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| Filing 20 OPENING BRIEF submitted for filing by Petitioner Maritza Aguiluz Pelagio, Petitioner Jesus Daniel Acuna Aguiluz, Petitioner Yuliana Acuna Aguiluz. [Entered: 11/07/2022 08:17 PM] |
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Filing 19
ORDER FILED. Petitioners unopposed motion (Docket Entry No. 18) for an extension of time to file the opening brief is granted. The opening brief is due November 7, 2022. The answering brief is due January 6, 2023. The optional reply brief is due within 21 days after service of the answering brief. [Entered: 09/07/2022 03:12:00 PM]
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| Filing 18 MOTION to extend time to file opening brief filed by Petitioner Maritza Aguiluz Pelagio, Petitioner Jesus Daniel Acuna Aguiluz, Petitioner Yuliana Acuna Aguiluz. [Entered: 09/06/2022 05:20:00 PM] |
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Filing 17
ORDER FILED. Petitioners unopposed motion (Docket Entry No. 16) for an extension of time to file the opening brief is granted. The opening brief is due September 6, 2022. The answering brief is due November 7, 2022. The optional reply brief is due within 21 days after service of the answering brief. [Entered: 07/07/2022 10:55:00 AM]
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| Filing 16 MOTION to extend time to file opening brief filed by Petitioner Jesus Daniel Acuna Aguiluz, Petitioner Maritza Aguiluz Pelagio, Petitioner Yuliana Acuna Aguiluz. [Entered: 07/01/2022 06:05:00 PM] |
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Filing 15
ORDER FILED. Petitioners opposed motion (Docket Entry No. 13) to stay appellate proceedings is denied. The opening brief is now due July 6, 2022. The answering brief is due September 6, 2022. The optional reply brief is due within 21 days after service of the answering brief. [Entered: 06/06/2022 01:31:00 PM]
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| Filing 14 RESPONSE to Motion to Hold in Abeyance (DE 13) filed by Respondent Merrick B. Garland. [Entered: 05/23/2022 01:02:00 PM] |
| Filing 13 MOTION to hold case in abeyance filed by Petitioner Jesus Daniel Acuna Aguiluz, Petitioner Maritza Aguiluz Pelagio, Petitioner Yuliana Acuna Aguiluz. [Entered: 05/19/2022 03:30:00 PM] |
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Filing 12
ORDER FILED. The government has filed a statement of non-opposition to the motion for stay of removal. The temporary stay of removal continues until the mandate issues unless the court orders otherwise. See 9th Cir. Gen. Ord. 6.4(c). [Entered: 04/04/2022 03:52:00 PM]
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| Filing 11 STATEMENT OF NON-OPPOSITION TO MOTION TO STAY REMOVAL filed by Respondent Merrick B. Garland. [Entered: 03/21/2022 07:48:00 AM] |
| Filing 10 CERTIFIED ADMINISTRATIVE RECORD filed. [Entered: 03/18/2022 07:51:00 AM] |
| Filing 9 ADDED Jenny C. Lee for Respondent Merrick B. Garland. [Entered: 02/22/2022 11:20:00 AM] |
| Filing 8 NOTICE OF APPEARANCE by Jenny C. Lee for Merrick B. Garland. [Entered: 02/22/2022 11:13:00 AM] |
| Filing 7 BRIEFING SCHEDULE NOTICE. Certified Administrative Record due 3/25/2022, Respondent Response to Stay Motion (Filed with PFR) due 4/15/2022, Petitioner Opening Brief due 5/24/2022, Respondent Answering Brief due 7/25/2022. 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: 02/22/2022 10:25:00 AM] |
| Filing 6 MOTION TO STAY REMOVAL filed by Petitioner(s); REMOVAL STAYED pending further order of the court per General Order 6.4(c). [Entered: 02/18/2022 05:40:00 PM] |
| Filing 5 ADDED Petitioner Yuliana Acuna Aguiluz, represented by Alex Galvez Counsel for Petitioner. [Entered: 02/18/2022 12:40:00 PM] |
| Filing 4 ADDED Petitioner Maritza Aguiluz Pelagio, represented by Alex Galvez Counsel for Petitioner. [Entered: 02/18/2022 12:38:00 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 2/17/2022. The U.S. Court of Appeals docket number 22-297 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: 02/18/2022 12:33:00 PM] |
| Filing 2 AGENCY DECISION on review dated 1/18/2022. [Entered: 02/17/2022 11:40:00 PM] |
| Filing 1 PETITION FOR REVIEW filed by Petitioner(s). [Entered: 02/17/2022 11:39:00 PM] |
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