Costa Soares v. Garland
Petitioner: ANDRE LUIZ COSTA SOARES
Respondent: MERRICK B. GARLAND, ATTORNEY GENERAL
Case Number: 23-1049
Filed: May 30, 2023
Court: U.S. Court of Appeals, Ninth Circuit
Nature of Suit: Other
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Docket Report

This docket was last retrieved on September 20, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 20, 2023 Filing 43 TERMINATED participation of Counsel for Respondent Kevin Conway representing Respondent Merrick B. Garland. [Entered: 09/20/2023 01:08 PM]
September 20, 2023 Filing 42 ADDED Counsel for Respondent Sharon Michele Clay for Respondent Merrick B. Garland. [Entered: 09/20/2023 01:04 PM]
September 20, 2023 Filing 41 NOTICE OF APPEARANCE by Sharon Michele Clay for Respondent Merrick B. Garland replacing Kevin Conway. [23-1049, 23-1279] [Entered: 09/20/2023 12:59 PM]
September 19, 2023 Filing 40 TERMINATED participation of Counsel for Respondent Sharon Michele Clay representing Respondent Merrick B. Garland. [Entered: 09/19/2023 08:05 AM]
September 19, 2023 Filing 39 ADDED Counsel for Respondent Kevin Conway for Respondent Merrick B. Garland. [Entered: 09/19/2023 08:03 AM]
September 19, 2023 Filing 38 NOTICE OF APPEARANCE by Kevin Conway for Respondent Merrick B. Garland replacing Sharon Michele Clay. [23-1279, 23-1049] [Entered: 09/19/2023 07:49 AM]
September 11, 2023 Filing 37 NOTICE of change of address filed by Petitioner Andre Luiz Costa Soares. [23-1049, 23-1279] [Entered: 09/12/2023 01:46 PM]
August 29, 2023 Opinion or Order Filing 36 ORDER FILED. SCHROEDER, BERZON, and OWENS, Circuit Judges. Petitioners motion for reconsideration (Docket Entry Nos. 27, 28, 29 in No. 23-1049 and Nos. 24, 25, 26 in No. 23-1279) of the courts order denying the motion for a stay of removal is denied. See 9th Cir. R. 27-10. The motion for reconsideration en banc is denied on behalf of the court. See 9th Cir. Gen. Ord. 6.11. If petitioner is removed or otherwise has a change of address, petitioner must notify this court of the new address. Otherwise, the petition may be dismissed. See 9th Cir. R. 42-1. The consolidated opening brief is due October 18, 2023. The consolidated answering brief is due on December 18, 2023. The optional consolidated reply brief is due within 21 days after service of the answering brief. [23-1049, 23-1279] [Entered: 08/29/2023 01:24 PM]
August 29, 2023 Filing 35 CLERK ACTION: Opening Brief submitted at DE 34 by Petitioner Andre Luiz Costa Soares is filed. Original and 0 copies. [23-1049, 23-1279] [Entered: 08/29/2023 01:00 PM]
August 28, 2023 Filing 34 OPENING BRIEF submitted for filing by Petitioner Andre Luiz Costa Soares. [23-1049, 23-1279] [Entered: 08/29/2023 12:46 PM]
August 24, 2023 Filing 33 CORRESPONDENCE filed by Respondent Merrick B. Garland. [23-1049, 23-1279] [COURT ENTERED FILING to correct DE32.] [Entered: 08/25/2023 07:30 AM] [Edited: 08/25/2023 07:40 AM]
August 24, 2023 Filing 32 DEFECTIVE---STATUS REPORT filed by Respondent Merrick B. Garland. [23-1279, 23-1049] [Entered: 08/24/2023 03:14 PM] [Wrong filing type used, correct entry is DE33.]
August 24, 2023 Filing 31 CORRESPONDENCE filed by Respondent Merrick B. Garland. [23-1049, 23-1279] [COURT ENTERED FILING to correct entry 30.] [Entered: 08/24/2023 02:17 PM] [Edited: 08/24/2023 02:36 PM]
August 24, 2023 Filing 30 DEFECTIVE---STATUS REPORT filed by Respondent Merrick B. Garland. [23-1049, 23-1279] [Wrong filing type used, correct entry is 31.] [Entered: 08/24/2023 02:07 PM] [Edited: 08/24/2023 02:20 PM]
August 22, 2023 Filing 29 PETITION FOR REHEARING EN BANC filed by Petitioner Andre Luiz Costa Soares. [23-1049, 23-1279] [Entered: 08/23/2023 01:52 PM]
August 22, 2023 Filing 28 PETITION FOR PANEL REHEARING filed by Petitioner Andre Luiz Costa Soares. [23-1049, 23-1279] [Entered: 08/23/2023 01:47 PM]
August 22, 2023 Filing 27 MOTION to Reconsider Nondispositive Order filed by Petitioner Andre Luiz Costa Soares. [23-1049, 23-1279] [Entered: 08/23/2023 01:29 PM]
August 22, 2023 Opinion or Order Filing 26 ORDER FILED.SCHROEDER, BERZON, and OWENS, Circuit Judges. The emergency motion for a stay of removal (Docket Entry No. 23 in No. 23-1049, Docket Entry No. 20 in No. 23-1279) is denied. See Nken v. Holder, 556 U.S. 418 (2009); Leiva-Perez v. Holder, 640 F.3d 962 (9th Cir. 2011). If petitioner is removed or otherwise has a change of address, petitioner must notify this court of the new address. Otherwise, the petition may be dismissed. See 9th Cir. R. 42-1. The consolidated opening brief is due October 18, 2023. The consolidated answering brief is due on December 18, 2023. The optional consolidated reply brief is due within 21 days after service of the answering brief. [23-1049, 23-1279] [Entered: 08/22/2023 10:49 AM]
August 21, 2023 Filing 25 Miscellaneous Pro Se Filings Filed. COURT UPDATE: No Action Necessary, filing transfered to Petition no. 23-1954. [23-1049, 23-1279] [Entered: 08/22/2023 09:33 AM] [Edited: 08/24/2023 02:21 PM]
August 21, 2023 Filing 24 MOTION to Proceed In Forma Pauperis filed by Petitioner Andre Luiz Costa Soares. COURT UPDATE: No Action Necessary, filing transfered to Petition no. 23-1954. [23-1049, 23-1279] [Entered: 08/22/2023 09:29 AM] [Edited: 08/24/2023 02:22 PM]
August 21, 2023 Filing 23 Emergency MOTION Circuit Rule 27-3 Certificate filed by Petitioner Andre Luiz Costa Soares. COURT UPDATE: filing transfered to Petition no. 23-1954. [23-1049, 23-1279] [Entered: 08/21/2023 05:15 PM] [Edited: 08/25/2023 03:50 PM]
August 17, 2023 Filing 22 RESPONSE to Motion to Expedite (DE 19) filed by Petitioner Andre Luiz Costa Soares. [23-1049, 23-1279] [Entered: 08/17/2023 01:44 PM]
August 17, 2023 Filing 21 RESPONSE to Motion to Consolidate (DE 18) filed by Petitioner Andre Luiz Costa Soares. [23-1049, 23-1279] [Entered: 08/17/2023 01:33 PM]
August 17, 2023 Opinion or Order Filing 20 ORDER FILED. Mary M. SCHROEDER, Marsha S. BERZON, John B. OWENS The motion to consolidate petition Nos. 23-1049 and 23-1279 (Docket Entry No. 18 in No. 23-1049; Docket Entry No. 14 in No. 23-1279) is granted. The parties must include both case numbers on future filings. The motion to dismiss (Docket Entry No. 9 in No. 23-1049) and request for judicial notice (Docket Entry No. 16 in No. 23-1279) are referred to the panel assigned to decide the merits of this petition. The motion for a stay of removal (Docket Entry No. 2 in No. 23-1049; Docket Entry No. 2 in No. 23-1279) is denied. See Nken v. Holder, 556 U.S. 418 (2009); Leiva-Perez v. Holder, 640 F.3d 962 (9th Cir. 2011). The temporary stay of removal is lifted. If petitioner is removed or otherwise has a change of address, petitioner must notify this court of the new address. Otherwise, the petition may be dismissed. See 9th Cir. R. 42-1. The motion to expedite consideration of the motion for a stay of removal (Docket Entry No. 19 in No. 23-1049; Docket Entry No. 15 in No. 23-1279) is denied as moot. The court, in its discretion, denies the motion for appointment of pro bono counsel (Docket Entry No. 4 in No. 23-1049; Docket Entry No. 4 in No. 23-1279). The motion to proceed in forma pauperis was granted in petition No. 23-1049. Therefore, the motion to proceed in forma pauperis in No. 23-1279 (Docket Entry No. 3) is unnecessary. The consolidated opening brief is due October 18, 2023. The consolidated answering brief is due on December 18, 2023. The optional consolidated reply brief is due within 21 days after service of the answering brief. [23-1049, 23-1279] [Entered: 08/17/2023 09:57 AM]
July 30, 2023 Filing 19 MOTION to Expedite filed by Respondent Merrick B. Garland. [Entered: 07/30/2023 11:30 AM]
July 30, 2023 Filing 18 MOTION to consolidate filed by Respondent Merrick B. Garland. [Entered: 07/30/2023 11:28 AM]
June 23, 2023 Filing 17 REPLY to Response to Motion to Dismiss (DE 16) filed by Respondent Merrick B. Garland. [Entered: 06/23/2023 02:07 PM]
June 21, 2023 Filing 16 RESPONSE to motion to dismiss (DE 9) filed by Petitioner Andre Luiz Costa Soares. [Entered: 06/21/2023 03:06 PM]
June 15, 2023 Opinion or Order Filing 15 ORDER FILED. Petitioners motions (Docket Entry Nos. 13 and 14) for an extension of time to file a response to the governments motion to dismiss are granted. Any response by petitioner is due June 27, 2023. Any reply by the government is due within 7 days after service of the response. The briefing schedule remains stayed. [Entered: 06/15/2023 01:36 PM]
June 8, 2023 Filing 13 MOTION to extend time to respond to motion to dismiss case (DE 9) filed by Petitioner Andre Luiz Costa Soares. [Entered: 06/08/2023 02:50 PM]
June 6, 2023 Filing 12 CERTIFIED ADMINISTRATIVE RECORD filed by DOJ Executive Office Of Immigration Review. [Entered: 06/06/2023 09:24 AM]
June 5, 2023 Filing 14 MOTION to extend time to respond to motion to dismiss case (DE 9) filed by Petitioner Andre Luiz Costa Soares. --[COURT ENTERED FILING to correct DE 11.] [Entered: 06/14/2023 09:58 AM] [Edited: 06/14/2023 10:07 AM]
June 5, 2023 Filing 11 DEFECTIVE --- RESPONSE to motion to dismiss case (DE 9) filed by Petitioner Andre Luiz Costa Soares. Wrong filing type. See correct filing at DE 14. [Entered: 06/06/2023 08:12 AM] [Edited: 06/14/2023 10:11 AM]
June 1, 2023 Opinion or Order Filing 10 ORDER FILED. 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 5, 2023. The response to the motion for a stay of removal remains due July 25, 2023. Briefing is stayed pending resolution of the motion for appointment of counsel. See 9th Cir. R. 27-11. [Entered: 06/01/2023 02:45 PM]
June 1, 2023 Filing 9 MOTION to dismiss case filed by Respondent Merrick B. Garland. [Entered: 06/01/2023 12:25 PM]
May 31, 2023 Filing 8 ADDED Counsel for Respondent Sharon Michele Clay for Respondent Merrick B. Garland. [Entered: 05/31/2023 01:43 PM]
May 31, 2023 Filing 7 NOTICE OF APPEARANCE by Sharon Michele Clay for Respondent Merrick B. Garland. [Entered: 05/31/2023 01:38 PM]
May 30, 2023 Filing 6 BRIEFING SCHEDULE NOTICE. Certified Administrative Record due 7/5/2023, Respondent Response to Stay Motion (Filed with PFR) due 7/25/2023, Immigration Petitioner Opening Brief due 9/5/2023, Immigration Respondent Answering Brief due 11/1/2023. 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. 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: 05/30/2023 04:00 PM]
May 30, 2023 Filing 5 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 5/30/2023. The U.S. Court of Appeals docket number 23-1049 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: 05/30/2023 03:58 PM]
May 30, 2023 Filing 4 MOTION for appointment of counsel filed by Petitioner(s). [Entered: 05/30/2023 03:56 PM]
May 30, 2023 Filing 3 MOTION to proceed in forma pauperis filed by Petitioner(s). [Entered: 05/30/2023 03:56 PM]
May 30, 2023 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: 05/30/2023 03:56 PM]
May 30, 2023 Filing 1 PETITION FOR REVIEW filed by Petitioner(s). [Entered: 05/30/2023 03:56 PM]

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Petitioner: ANDRE LUIZ COSTA SOARES
Represented By: Andre Luiz Costa Soares
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Respondent: MERRICK B. GARLAND, ATTORNEY GENERAL
Represented By: Kevin Conway
Represented By: Ms. Sharon Michele Clay
Represented By: Oil
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