Smith v. Garland
| MARLON ALONZO SMITH |
| MERRICK B. GARLAND, ATTORNEY GENERAL |
| 22-954 |
| May 27, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on October 17, 2023. A more recent docket listing may be available from PACER.
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| Filing 49 ARGUED AND SUBMITTED to Carlos T. BEA, Morgan B. CHRISTEN, Anthony D. JOHNSTONE. Audio and video recordings of the argument are available on the courts website at #https://www.ca9.uscourts.gov/media/. [Entered: 10/17/2023 12:52 PM] |
| Filing 48 STATUS REPORT filed by Petitioner Marlon Alonzo Smith. [Entered: 10/16/2023 02:07 PM] |
| Filing 47 MOTION to Participate in Oral Argument filed by Petitioner Marlon Alonzo Smith. [Entered: 10/15/2023 08:15 PM] |
| Filing 46 CITATION of Supplemental Authorities (28j Letter) filed by Petitioner Marlon Alonzo Smith. [Entered: 10/15/2023 08:08 PM] |
| Filing 45 CITATION of Supplemental Authorities (28j Letter) filed by Respondent Merrick B. Garland. [Entered: 10/10/2023 11:41 AM] |
| Filing 44 ACKNOWLEDGMENT of hearing notice filed by Evangeline G. Abriel for Petitioner Marlon Alonzo Smith. Hearing in San Francisco - Courtroom 3 in San Francisco, on 10/17/2023 9:00:00 AM. Filer argument time: Sharing with another attorney. (Argument minutes: 7). Appearance in person or by video: I wish to appear in person. Special accommodations: No. Filer admission status: I certify that I am admitted to practice before this Court. [Entered: 09/21/2023 07:53 PM] |
| Filing 43 Paper copies (6) of Reply Brief submitted at DE 41 by Petitioner Marlon Alonzo Smith received. (sent to panel) [Entered: 09/01/2023 04:36 PM] |
Filing 42
ORDER FILED. Reply Brief submitted at DE 41 by Petitioner Marlon Alonzo Smith 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: 08/14/2023 12:07 PM]
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| Filing 41 REPLY BRIEF submitted for filing by Petitioner Marlon Alonzo Smith. [Entered: 08/11/2023 08:19 PM] |
| Filing 40 AUTHORIZATION for Pro Bono attorney(s) Evangeline G. Abriel. See attached letter for details. [Entered: 08/07/2023 09:46 AM] |
| Filing 39 ACKNOWLEDGMENT of hearing notice filed by Robert Paul Coleman for Respondent Merrick B. Garland. [Entered: 08/07/2023 07:13 AM] |
| Filing 38 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. [22-954] [Entered: 08/06/2023 06:23 AM] |
| Filing 37 Paper copies (6) of Answering Brief submitted at DE 29 by Respondent Merrick B. Garland received. [Entered: 07/07/2023 01:40 PM] |
| Filing 36 CLIENT AUTHORIZATION of law school representation filed by Petitioner Marlon Alonzo Smith. [Entered: 07/03/2023 10:53 AM] |
| Filing 35 DEFECTIVE --- CLIENT AUTHORIZATION of law school representation filed by Petitioner Marlon Alonzo Smith. [Duplicate Entry - See DE 36] [Entered: 07/03/2023 10:51 AM] [Edited: 08/12/2023 09:43 AM] |
| Filing 34 CERTIFICATION for law student representation form filed by Petitioner Marlon Alonzo Smith. [Entered: 06/29/2023 09:52 AM] |
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Filing 33
ORDER FILED. Answering Brief submitted at DE 29 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: 06/28/2023 12:46 PM]
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Filing 32
ORDER FILED. Respondents motion to file an oversized answering brief (Docket Entry No. 27) is granted. See 9th Cir. R. 32-2(a). The Clerk will file the brief submitted at Docket Entry No. 29. Principal briefing is completed. The optional reply brief remains due August 11, 2023. [Entered: 06/27/2023 09:57 AM]
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| Filing 31 RESPONSE to notice of case being considered for oral argument filed by Robert Paul Coleman. [Entered: 06/27/2023 07:42 AM] |
| Filing 30 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. [22-954] [Entered: 06/22/2023 01:42 PM] |
| Filing 29 ANSWERING BRIEF submitted for filing by Respondent Merrick B. Garland. [Entered: 06/01/2023 11:54 AM] |
| Filing 28 DEFECTIVE --- SUPPLEMENT to Motion to File Oversized Brief (DE 27) filed by Respondent Merrick B. Garland. Duplicate entry, correct entry at DE 29. [Entered: 05/30/2023 10:35 PM] [Edited: 06/02/2023 08:55 AM] |
| Filing 27 MOTION to file oversized brief filed by Respondent Merrick B. Garland.--[COURT UPDATE: removed PDF of answeering brief, correctly filed in DE 29.] [Entered: 05/30/2023 10:28 PM] [Edited: 06/02/2023 08:56 AM] |
| Filing 26 TERMINATED participation of Counsel for Respondent Brandon Thomas Callahan representing Respondent Merrick B. Garland. [Entered: 04/19/2023 12:22 PM] |
| Filing 25 ADDED Counsel for Respondent Robert Paul Coleman for Respondent Merrick B. Garland. [Entered: 04/19/2023 12:21 PM] |
| Filing 24 NOTICE OF APPEARANCE by Robert Paul Coleman for Respondent Merrick B. Garland replacing Brandon Thomas Callahan. [Entered: 04/18/2023 07:40 PM] |
| Filing 23 Paper copies (7) of Opening Brief submitted at DE 21 by Petitioner Marlon Alonzo Smith received. [Entered: 04/17/2023 04:21 PM] |
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Filing 22
ORDER FILED. Opening Brief submitted at DE 21 by Petitioner Marlon Alonzo Smith 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: 03/29/2023 01:42 PM]
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| Filing 21 OPENING BRIEF submitted for filing by Petitioner Marlon Alonzo Smith. [Entered: 03/28/2023 09:21 PM] [Edited: 03/29/2023 12:55 PM] |
| Filing 20 OPPOSITION to motion to stay removal filed by Respondent Merrick B. Garland. [Entered: 03/03/2023 11:48 AM] |
| Filing 19 SUPPLEMENTAL MOTION TO STAY REMOVAL filed by Petitioner Marlon Alonzo Smith. [COURT ENTERED FILING to correct DE 18.] [Entered: 02/24/2023 09:37 AM] |
| Filing 18 DEFECTIVE --- REPLY TO OPPOSITION TO MOTION TO STAY REMOVAL filed by Petitioner Marlon Alonzo Smith. [Wrong filing type used, correct entry is DE 19.] [Entered: 02/23/2023 05:02 PM] [Edited: 02/24/2023 09:38 AM] |
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Filing 17
ORDER FILED. Petitioners motion (Docket Entry No. 16) for an extension of time to supplement the motion for stay of removal is granted. The supplement to the motion for a stay of removal is due February 24, 2023. The briefing schedule established previously remains in effect. [Entered: 02/13/2023 03:42 PM]
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| Filing 16 MOTION to extend time to file supplemental motion to stay removal filed by Petitioner Marlon Alonzo Smith. [Entered: 01/20/2023 03:46 PM] |
| Filing 15 ADDED Counsel for Petitioner Evangeline G. Abriel for Petitioner Marlon Alonzo Smith. [Entered: 01/11/2023 11:38 AM] |
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Filing 14
ORDER FILED. Pursuant to this courts August 29, 2022 order, Evangeline G. Abriel, Esq., and the Santa Clara University School of Law, are hereby appointed to represent petitioner for purposes of this petition for review only. The Clerk will amend the docket to reflect that Evangeline G. Abriel, Esq., Santa Clara University School of Law, 500 El Camino Real, Santa Clara, CA 95053, Email: eabriel@scu.edu, is pro bono counsel of record for petitioner. Briefing will proceed as follows: the opening brief is due March 28, 2023; the answering brief is due May 29, 2023; and the optional reply brief is due August 11, 2023. This petition will be calendared for oral argument during the month of October 2023. Counsel are advised this petition for review has been expedited and extensions of time for briefing will not be granted absent a showing of extraordinary and compelling circumstances. Appellate ECF requests for streamlined or automatic extensions of time will not be granted, and any such relief must be requested in a written motion pursuant to Ninth Circuit Rule 31-2.2(b). The Clerk will serve this order on petitioner, as well as on all counsel. If petitioner objects to the courts appointment of counsel in this petition, petitioner shall file a written objection within 14 days after the date of this order. [Entered: 01/11/2023 11:35 AM]
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| Filing 13 CORRESPONDENCE filed by Petitioner Marlon Alonzo Smith. (Sent petitioner copy of docket sheet.) [Entered: 12/22/2022 01:13 PM] |
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Filing 12
ORDER FILED. Before: Lisa B. Fitzgerald, Appellate Commissioner. The court has determined that appointment of pro bono counsel would benefit the courts review in this petition. The motion for appointment of counsel (Docket Entry No. 9) is therefore granted. When the court locates counsel, the court will issue an order appointing counsel to represent petitioner before this court and setting a new briefing schedule. The briefing schedule set on May 27, 2022, is vacated. [Entered: 08/29/2022 03:22:00 PM]
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| Filing 11 OPPOSITION to motion to stay removal filed by Respondent Merrick B. Garland. [Entered: 07/22/2022 07:32:00 AM] |
| Filing 10 CERTIFIED ADMINISTRATIVE RECORD filed. [Entered: 07/05/2022 08:17:00 AM] |
| Filing 9 MOTION for appointment of counsel filed by Petitioner(s). [Entered: 06/14/2022 03:47:00 PM] |
| Filing 8 ADDED Brandon Thomas Callahan for Respondent Merrick B. Garland. [Entered: 06/06/2022 09:56:00 AM] |
| Filing 7 NOTICE OF APPEARANCE by Brandon Thomas Callahan for Merrick B. Garland. [Entered: 06/06/2022 09:10:00 AM] |
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Filing 6
ORDER FILED. Lisa B. Fitzgerald, Appellate Commissioner. The motion to proceed in forma pauperis (Docket Entry No. 3) is granted. The Clerk will amend the docket to reflect this status. The certified administrative record remains due July 1, 2022. The response to the motion for a stay of removal remains due July 22, 2022. The opening brief is due August 30, 2022. The answering brief is due October 31, 2022. The optional reply brief is due within 21 days after service of the answering brief. [Entered: 06/01/2022 10:23:00 AM]
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| Filing 5 BRIEFING SCHEDULE NOTICE. Certified Administrative Record due 7/1/2022, Respondent Response to Stay Motion (Filed with PFR) due 7/22/2022, Petitioner Opening Brief due 8/30/2022, Respondent Answering Brief due 10/31/2022. 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: 05/27/2022 03:36:00 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 5/27/2022. The U.S. Court of Appeals docket number 22-954 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: 05/27/2022 03:32:00 PM] |
| Filing 3 MOTION to proceed in forma pauperis filed by Petitioner(s). [Entered: 05/27/2022 01:38:00 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: 05/27/2022 01:37:00 PM] |
| Filing 1 PETITION FOR REVIEW filed by Petitioner(s). [Entered: 05/27/2022 01:37:00 PM] |
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| Petitioner: MARLON ALONZO SMITH | |
| Represented By: | Ms. Evangeline G. Abriel |
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| Respondent: MERRICK B. GARLAND, ATTORNEY GENERAL | |
| Represented By: | Mr. Robert Paul Coleman |
| Represented By: | Oil |
| Represented By: | Mr. Brandon Thomas Callahan |
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