Miranda-Cruz, et al. v. Garland
| NATALY ESTEFANY MIRANDA-CRUZ and KEVIN ELIAN MIRANDA-CRUZ |
| MERRICK B. GARLAND, ATTORNEY GENERAL |
| 23-1412 |
| July 11, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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Filing 14
ORDER FILED. (William A. FLETCHER, Consuelo M. CALLAHAN, Mark J. BENNETT) Petitioners seek review of an order issued in expedited removal proceedings. See 8 U.S.C. 1225(b)(1). We generally lack jurisdiction to review expedited removal proceedings, including the determination that petitioners did not establish a credible fear of persecution or torture regardless of whether the petition raises a colorable due process challenge. See 8 U.S.C. 1252(a)(2)(A); Guerrier v. Garland, 18 F.4th 304, 306 (9th Cir. 2021). The governments motion to dismiss this petition for lack of jurisdiction (Docket Entry No. 9) is granted. The governments motion to strike (Docket Entry No. 10) the certified administrative record filed on August 9, 2023, is granted. The motion for a stay of removal is denied. The temporary stay of removal is lifted. PETITION FOR REVIEW DISMISSED. [Entered: 10/24/2023 10:52 AM]
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| Filing 13 REPLY to (DE 12) filed by Respondent Merrick B. Garland. [Entered: 09/26/2023 09:43 AM] |
| Filing 12 RESPONSE to Motion to Dismiss (DE 9), RESPONSE to Motion to Strike Filing or Portion of Filing (DE 10), REPLY to Opposition to Motion to Stay Removal (DE 11) filed by Petitioner Nataly Estefany Miranda-Cruz, Petitioner Kevin Elian Miranda-Cruz. [Entered: 09/20/2023 03:07 PM] |
| Filing 11 OPPOSITION to Motion to Stay Removal (DE 2) filed by Respondent Merrick B. Garland. [Entered: 09/01/2023 09:06 AM] [Edited: 09/20/2023 03:02 PM] |
| Filing 10 MOTION to Strike Filing or Portion of Filing filed by Respondent Merrick B. Garland. [Entered: 09/01/2023 09:04 AM] |
| Filing 9 MOTION to Dismiss filed by Respondent Merrick B. Garland. [Entered: 09/01/2023 08:59 AM] |
| Filing 8 ADDED Counsel for Respondent Margot Pyne Kniffin for Respondent Merrick B. Garland. [Entered: 08/09/2023 01:33 PM] |
| Filing 7 NOTICE OF APPEARANCE by Margot Pyne Kniffin for Respondent Merrick B. Garland. [Entered: 08/09/2023 01:30 PM] |
| Filing 6 STRICKEN PER ORDER [DE 14] --- CERTIFIED ADMINISTRATIVE RECORD filed by DOJ Executive Office Of Immigration Review. [Entered: 08/09/2023 10:44 AM] [Edited: 10/24/2023 10:54 AM] |
| Filing 5 FEE PAID by Petitioner(s). (Receipt #4709005818) [Entered: 07/11/2023 01:43 PM] |
| Filing 4 BRIEFING SCHEDULE NOTICE. Certified Administrative Record due 8/15/2023, Respondent Response to Stay Motion (Filed with PFR) due 9/5/2023, Immigration Petitioner Opening Brief due 10/16/2023, Immigration Respondent Answering Brief due 12/13/2023. 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: 07/11/2023 01:42 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 7/11/2023. The U.S. Court of Appeals docket number 23-1412 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: 07/11/2023 01:40 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: 07/11/2023 01:39 PM] |
| Filing 1 PETITION FOR REVIEW filed by Petitioner(s). [Entered: 07/11/2023 01:39 PM] |
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