Ying v. Garland
Petitioner: LINA YING, ZHIPING HUANG and MOHAN TANG
Respondent: MERRICK B. GARLAND, ATTORNEY GENERAL
Case Number: 23-423
Filed: March 17, 2023
Court: U.S. Court of Appeals, Ninth Circuit
Nature of Suit: Other
Docket Report

This docket was last retrieved on October 24, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 24, 2023 Opinion or Order Filing 19 ORDER FILED. The motion to reinstate (Docket Entry No. 18) does not include the opening brief. See 9th Cir. Gen. Order 2.4. If the opening brief is submitted within 21 days of this order, the court will consider the motion to reinstate. If the opening brief is not submitted within 21 days of this order, the mandate will become effective. [Entered: 10/24/2023 04:27 PM]
September 28, 2023 Filing 18 MOTION to Reinstate filed by Petitioner Lina Ying. [Entered: 10/02/2023 11:39 AM]
September 25, 2023 Opinion or Order Filing 17 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. [Entered: 09/25/2023 04:20 PM]
July 31, 2023 Opinion or Order Filing 16 ORDER FILED. Petitioners motion to proceed in forma pauperis (Docket Entry No. 8) is denied as unnecessary because the filing fee was paid on July 20, 2023. The opening brief is now due August 30, 2023. The answering brief is due October 30, 2023. The optional reply brief is due within 21 days after service of the answering brief. [Entered: 07/31/2023 03:39 PM]
July 20, 2023 Filing 15 FEE PAID by Petitioner, Receipt #4709005824, money order number 28765568913 for $500.00 [Entered: 07/20/2023 12:10 PM]
June 22, 2023 Opinion or Order Filing 14 ORDER FILED. The court has not received a response to its April 7, 2023 order. If petitioners do not file a completed Form 4 financial affidavit within 21 days of this order, the motion to proceed in forma pauperis at Docket Entry No. 8 may be denied. The Form 4 financial affidavit must be signed, and include both the case number and the case name. The Clerk will serve a Form 4 financial affidavit on petitioners. Briefing is stayed pending resolution of the motion to proceed in forma pauperis. See 9th Cir. R. 27-11. [Entered: 06/22/2023 11:31 AM]
May 9, 2023 Opinion or Order Filing 13 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: 05/09/2023 03:15 PM]
May 8, 2023 Filing 12 STATEMENT OF NON-OPPOSITION TO MOTION TO STAY REMOVAL filed by Respondent Merrick B. Garland. [Entered: 05/08/2023 03:28 PM]
April 11, 2023 Filing 11 CERTIFIED ADMINISTRATIVE RECORD filed by DOJ Executive Office Of Immigration Review. [Entered: 04/11/2023 07:37 AM]
April 7, 2023 Opinion or Order Filing 10 ORDER FILED. The court has received petitioners motion to proceed in forma pauperis (Docket Entry No. 8). However, the motion is not accompanied by a completed Form 4 financial affidavit. Within 28 days of this order, petitioners must complete and file the attached Form 4 financial affidavit. The Form 4 financial affidavit must be signed, and include both the case number and the case name. Failure to comply with this order may result in denial of the motion to proceed in forma pauperis. The certified administrative record remains due April 21, 2023. The response to the motion to stay removal remains due May 12, 2023. Briefing is stayed pending resolution of the motion to proceed in forma pauperis. See 9th Cir. R. 27-11. The Clerk will serve a Form 4 financial affidavit on petitioners. [Entered: 04/07/2023 11:11 AM]
April 4, 2023 Filing 9 ADDED Petitioner Zhiping Huang, Petitioner Mohan Tang. [Entered: 04/04/2023 03:03 PM]
March 30, 2023 Filing 8 MOTION to proceed in forma pauperis filed by Petitioner(s). [Entered: 03/31/2023 02:13 PM]
March 23, 2023 Opinion or Order Filing 7 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: 03/23/2023 10:48 AM]
March 23, 2023 Filing 6 ADDED Counsel for Respondent Virginia Lum for Respondent Merrick B. Garland. [Entered: 03/23/2023 08:47 AM]
March 23, 2023 Filing 5 NOTICE OF APPEARANCE by Virginia Lum for Respondent Merrick B. Garland. [Entered: 03/23/2023 08:44 AM]
March 17, 2023 Filing 4 BRIEFING SCHEDULE NOTICE. Certified Administrative Record due 4/21/2023, Respondent Response to Stay Motion (Filed with PFR) due 5/12/2023, Immigration Petitioner Opening Brief due 6/20/2023, Immigration Respondent Answering Brief due 8/21/2023. 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: 03/17/2023 09:32 AM]
March 17, 2023 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 3/17/2023. The U.S. Court of Appeals docket number 23-423 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: 03/17/2023 09:29 AM]
March 17, 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: 03/17/2023 09:28 AM]
March 17, 2023 Filing 1 PETITION FOR REVIEW filed by Petitioner(s). [Entered: 03/17/2023 09:28 AM]

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Petitioner: LINA YING
Represented By: Lina Ying
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Petitioner: ZHIPING HUANG
Represented By: Zhiping Huang
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Petitioner: MOHAN TANG
Represented By: Mohan Tang
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Respondent: MERRICK B. GARLAND, ATTORNEY GENERAL
Represented By: Ms. Virginia Lum
Represented By: OIL
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