Rodriguez-Santos v. Garland
| ALEJANDRO ENRIQUE RODRIGUEZ-SANTOS and JULIO MISAEL RODRIGUEZ-SANTOS |
| MERRICK B. GARLAND, ATTORNEY GENERAL |
| 22-420 |
| March 4, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 27 MANDATE ISSUED Jacqueline H. NGUYEN, Michelle T. FRIEDLAND, Jennifer SUNG [Entered: 07/24/2023 10:37 AM] |
Filing 26
ORDER FILED. Jacqueline H. NGUYEN, Michelle T. FRIEDLAND, Jennifer SUNG Petitioners seek review of an order of the Board of Immigration Appeals upholding an immigration judges denial of asylum and withholding of removal. Because petitioners do not challenge the agencys determination that their proposed particular social group is not sufficiently particular, we do not address it. See Lopez-Vasquez v. Holder, 706 F.3d 1072, 1079-80 (9th Cir. 2013). We do not address petitioners contentions as to social distinction because the agency did not deny relief on that ground. See Santiago-Rodriguez v. Holder, 657 F.3d 820, 829 (9th Cir. 2011) (In reviewing the decision of the BIA, we consider only the grounds relied upon by that agency. (citation and internal quotation marks omitted)). Thus, petitioners asylum and withholding of removal claims fail. The motion for summary disposition (Docket Entry No. 23) 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); see also United States v. Hooton, 693 F.2d 857, 858 (9th Cir. 1982). The temporary stay of removal remains in place until the mandate issues. PETITION FOR REVIEW DENIED. [Entered: 05/31/2023 03:46 PM]
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Filing 25
ORDER FILED. The governments motion (Docket Entry No. 24) to suspend the briefing schedule is granted. The opening brief has been filed. The remaining briefing schedule is vacated, and briefing is stayed pending resolution of the governments motion for summary disposition. Any response by the petitioner to the motion for summary disposition remains due January 17, 2023. Any reply by the government is due within 7 days after service of the response. [Entered: 01/10/2023 01:27 PM]
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| Filing 24 MOTION to hold case in abeyance filed by Respondent Merrick B. Garland. [Entered: 01/04/2023 07:43 AM] |
| Filing 23 MOTION for summary disposition filed by Respondent Merrick B. Garland. [Entered: 01/04/2023 07:37 AM] |
| Filing 22 Paper copies (6) of Opening Brief submitted at DE 16 by Petitioners Alejandro Enrique Rodriguez-Santos and Julio Misael Rodriguez-Santos received. [Entered: 12/23/2022 04:19 PM] |
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Filing 21
ORDER FILED. Opening Brief submitted at DE 16 by Petitioners Alejandro Enrique Rodriguez-Santos and Julio Misael Rodriguez-Santos 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: 11/09/2022 04:57 PM]
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Filing 20
ORDER FILED. Petitioners motion to reinstate this petition for review (Docket Entry No. 15) is granted. The order of dismissal for failure to prosecute (Docket Entry No. 14) is vacated, the petition for review is reinstated, and the temporary stay of removal is restored. Petitioners request (included in Docket Entry No. 15) for leave to file the late opening brief is granted. The Clerk will file the opening brief submitted at Docket Entry No. 16. The answering brief is now due January 9, 2023. The optional reply brief is due within 21 days after service of the answering brief. [Entered: 11/09/2022 04:46 PM]
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| Filing 19 TERMINATED participation of Counsel for Respondent Beau Jordan Baumann representing Respondent Merrick B. Garland. [Entered: 10/26/2022 08:37 AM] |
| Filing 18 ADDED Counsel for Respondent Thankful Vanderstar for Respondent Merrick B. Garland. [Entered: 10/26/2022 08:35 AM] |
| Filing 17 NOTICE OF APPEARANCE by Thankful Vanderstar for Merrick B. Garland replacing Beau Jordan Baumann. [Entered: 10/26/2022 05:46 AM] |
| Filing 16 OPENING BRIEF submitted for filing by Petitioner Alejandro Enrique Rodriguez-Santos, Petitioner Julio Misael Rodriguez-Santos. [Entered: 10/24/2022 09:24 PM] [Edited: 10/25/2022 09:27 AM] |
| Filing 15 MOTION to reinstate case filed by Petitioner Alejandro Enrique Rodriguez-Santos, Petitioner Julio Misael Rodriguez-Santos. [Entered: 10/24/2022 09:21 PM] |
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Filing 14
ORDER FILED. Petitioners have 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. The governments motion (Docket Entry No. 13) to dismiss for failure to prosecute is denied as moot. [Entered: 10/03/2022 10:40:00 AM]
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| Filing 13 MOTION to dismiss case for failure to prosecute filed by Respondent Merrick B. Garland. [Entered: 08/15/2022 10:48:00 AM] |
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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: 04/28/2022 11:49:00 AM]
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| Filing 11 STATEMENT OF NON-OPPOSITION TO MOTION TO STAY REMOVAL filed by Respondent Merrick B. Garland. [Entered: 04/27/2022 01:58:00 PM] |
| Filing 10 CERTIFIED ADMINISTRATIVE RECORD filed. [Entered: 03/29/2022 07:10:00 AM] |
| Filing 9 Fee Paid by Julio Misael Rodriguez-Santos, Alejandro Enrique Rodriguez-Santos. Fee Receipt Number: B09-2601441-ACMS. [Entered: 03/08/2022 11:11:00 AM] |
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Filing 8
ORDER FILED. To proceed in this court, petitioner must pay a $500 filing fee or seek in forma pauperis status. If petitioner does not pay the fees or file a motion to proceed in forma pauperis within 28 days of this order, the petition may be dismissed for failure to comply. See 9th Cir. R. 42-1. The Clerk will serve a Form 4 financial affidavit on petitioner. [Entered: 03/07/2022 10:55:00 AM]
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| Filing 7 ADDED Beau Jordan Baumann for Respondent Merrick B. Garland. [Entered: 03/07/2022 08:48:00 AM] |
| Filing 6 NOTICE OF APPEARANCE by Beau Jordan Baumann for Merrick B. Garland. [Entered: 03/07/2022 04:54:00 AM] |
| Filing 5 BRIEFING SCHEDULE NOTICE. Certified Administrative Record due 4/8/2022, Respondent Response to Stay Motion (Filed with PFR) due 4/29/2022, Petitioner Opening Brief due 6/7/2022, Respondent Answering Brief due 8/8/2022. 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: 03/04/2022 02:19:00 PM] |
| Filing 4 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 3/4/2022. The U.S. Court of Appeals docket number 22-420 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: 03/04/2022 02:13:00 PM] |
| Filing 3 MOTION TO STAY REMOVAL filed by Petitioner(s); REMOVAL STAYED pending further order of the court per General Order 6.4(c). [Entered: 03/04/2022 01:52:00 PM] |
| Filing 2 AGENCY DECISION on review dated 2/4/2022. [Entered: 03/04/2022 01:51:00 PM] |
| Filing 1 PETITION FOR REVIEW filed by Petitioner(s). [Entered: 03/04/2022 01:50:00 PM] |
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