Valencia v. Garland
| ALICIA BENITEZ VALENCIA, JOSE VAZQUEZ BENITEZ, DULCE VAZQUEZ BENITEZ and JAZMIN VAZQUEZ BENITEZ |
| MERRICK B. GARLAND, ATTORNEY GENERAL |
| 22-311 |
| February 22, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 32 MEMORANDUM DISPOSITION (Carlos T. BEA, Morgan B. CHRISTEN, Anthony D. JOHNSTONE) PETITION DENIED. FILED AND ENTERED JUDGMENT. [Entered: 10/20/2023 10:52 AM] |
| Filing 31 SUBMITTED ON THE BRIEFS to Carlos T. BEA, Morgan B. CHRISTEN, Anthony D. JOHNSTONE. [Entered: 10/17/2023 07:22 AM] |
Filing 30
ORDER FILED. The court is of the unanimous opinion that the facts and legal arguments are adequately presented in the briefs and records and the decisional process would not be significantly aided by oral argument. This case shall be submitted on the briefs and record, without oral argument, on October 17, 2023, in San Francisco, California. Fed. R. App. P. 34(a)(2). [Entered: 09/05/2023 09:56 AM]
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| Filing 29 NOTICE OF ORAL ARGUMENT on Tuesday, October 17, 2023 - 09:00 A.M. - Courtroom 3 - Scheduled Location: San Francisco 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. [22-311] [Entered: 08/06/2023 06:23 AM] |
| Filing 28 NOTICE: This case is being considered for an upcoming oral argument calendar in San Francisco. Please review the San Francisco sitting dates for October 2023 and the 2 subsequent sitting months 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 motion within 3 business days of this notice, using the filing type: Motion to Refer to Mediation. [22-311] [Entered: 06/22/2023 01:03 PM] |
| Filing 27 Paper copies (6) of Answering Brief submitted at DE 25 by Respondent Merrick B. Garland received 11/14/2022. [Entered: 11/15/2022 10:17 AM] |
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Filing 26
ORDER FILED. Answering Brief submitted at DE 25 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: 11/07/2022 12:43 PM]
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| Filing 25 ANSWERING BRIEF submitted for filing by Respondent Merrick B. Garland. [Entered: 11/07/2022 11:26 AM] |
| Filing 24 Paper copies (7) of Opening Brief submitted at DE 16 by Petitioners received. [Entered: 09/30/2022 01:38:00 PM] |
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Filing 23
ORDER FILED. Streamlined Request for Extension of Time to File Answering Brief for 30 days (DE 22) granted. Amended briefing schedule: Immigration Respondent Answering Brief due 11/7/2022. 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: 09/28/2022 11:22:00 AM]
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| Filing 22 STREAMLINED request for extension of time to file answering brief for 30 days filed by Respondent Merrick B. Garland. [Entered: 09/28/2022 11:04:00 AM] |
| Filing 21 ADDED Counsel for Respondent Linda Y. Cheng for Respondent Merrick B. Garland. [Entered: 09/02/2022 09:11:00 AM] |
| Filing 20 NOTICE OF APPEARANCE by Linda Y. Cheng for Merrick B. Garland. [Entered: 09/02/2022 08:16:00 AM] |
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Filing 19
ORDER FILED. Opening Brief submitted at DE 16 by Petitioners 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: 08/16/2022 11:24:00 AM]
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Filing 18
ORDER FILED. Petitioners motion (Docket Entry No. 17) for leave to file a late opening brief is granted. The Clerk will file the opening brief submitted on August 5, 2022 at Docket Entry No. 16. The answering brief is now due October 7, 2022. The optional reply brief is due within 21 days after service of the answering brief. [Entered: 08/16/2022 10:33:00 AM]
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| Filing 17 MOTION to accept late filing filed by Petitioner Jose Vazquez Benitez, Petitioner Alicia Benitez Valencia, Petitioner Dulce Vazquez Benitez, Petitioner Jazmin Vazquez Benitez. [Entered: 08/05/2022 04:11:00 PM] |
| Filing 16 OPENING BRIEF submitted for filing by Petitioner Jose Vazquez Benitez, Petitioner Alicia Benitez Valencia, Petitioner Dulce Vazquez Benitez, Petitioner Jazmin Vazquez Benitez. [Entered: 08/05/2022 04:10:00 PM]--[COURT UPDATE: Attached corrected PDFs] [Edited: 08/09/2022 07:52:00 AM] |
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Filing 15
ORDER FILED. Petitioners motion (Docket Entry No. 14) for an extension of time to file the opening brief is granted. The opening brief is due July 29, 2022. The answering brief is due September 27, 2022. The optional reply brief is due within 21 days after service of the answering brief. [Entered: 07/11/2022 03:27:00 PM]
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| Filing 14 MOTION to extend time to file opening brief filed by Petitioner Jose Vazquez Benitez, Petitioner Alicia Benitez Valencia, Petitioner Dulce Vazquez Benitez, Petitioner Jazmin Vazquez Benitez. [Entered: 07/09/2022 04:00:00 PM] |
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Filing 13
ORDER FILED. Streamlined Request for Extension of Time to File Opening Brief for 30 days (DE 12) granted. Amended briefing schedule: Petitioner Opening Brief due 6/30/2022, Respondent Answering Brief due 8/29/2022. 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: 05/19/2022 09:24:00 AM]
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| Filing 12 STREAMLINED request for extension of time to file opening brief for 30 days filed by Petitioner Jose Vazquez Benitez, Petitioner Alicia Benitez Valencia, Petitioner Dulce Vazquez Benitez, Petitioner Jazmin Vazquez Benitez. [Entered: 05/19/2022 07:12:00 AM] |
| Filing 11 DEFECTIVE --- STREAMLINED request for extension of time to file opening brief for 30 days filed by Petitioner Jose Vazquez Benitez, Petitioner Alicia Benitez Valencia, Petitioner Dulce Vazquez Benitez, Petitioner Jazmin Vazquez Benitez. [Entered: 05/19/2022 06:58:00 AM]--[Duplicate entry. Correct entry at DE 12.] [Edited: 05/19/2022 09:22:00 AM] |
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Filing 10
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: 04/18/2022 02:56:00 PM]
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| Filing 9 STATEMENT OF NON-OPPOSITION TO MOTION TO STAY REMOVAL filed by Respondent Merrick B. Garland. [Entered: 04/15/2022 09:49:00 AM] |
| Filing 8 CERTIFIED ADMINISTRATIVE RECORD filed. [Entered: 03/18/2022 08:02:00 AM] |
| Filing 7 ADDED Kristen H. Blosser for Respondent Merrick B. Garland. [Entered: 02/22/2022 12:49:00 PM] |
| Filing 6 NOTICE OF APPEARANCE by Kristen H. Blosser for Merrick B. Garland. [Entered: 02/22/2022 12:21:00 PM] |
| Filing 5 BRIEFING SCHEDULE NOTICE. Certified Administrative Record due 3/29/2022, Respondent Response to Stay Motion (Filed with PFR) due 4/19/2022, Petitioner Opening Brief due 5/31/2022, Respondent Answering Brief due 7/27/2022. 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 10:08:00 AM] |
| Filing 4 MOTION TO STAY REMOVAL filed by Petitioner(s); REMOVAL STAYED pending further order of the court per General Order 6.4(c). [Entered: 02/22/2022 10:04:00 AM] |
| 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 2/19/2022. The U.S. Court of Appeals docket number 22-311 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: 02/22/2022 10:02:00 AM] |
| Filing 2 AGENCY DECISION on review dated 1/27/2022. [Entered: 02/19/2022 04:10:00 PM] |
| Filing 1 PETITION FOR REVIEW filed by Petitioner(s). [Entered: 02/19/2022 04:09:00 PM] |
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