Guzman Borjas, et al. v. Garland
| RITA GLORIA GUZMAN BORJAS and ANGEL DAVID LINARES GUZMAN |
| MERRICK B. GARLAND, ATTORNEY GENERAL |
| 23-487 |
| March 24, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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Filing 18
ORDER FILED. (Bridget S. BADE, Kenneth K. LEE, Lawrence VANDYKE) Petitioners seek review of an order of the Board of Immigration Appeals (BIA) denying their motion to reopen removal proceedings. The BIA did not abuse its discretion in denying petitioners motion to reopen as untimely, where it was filed nearly two years after the final removal order, see 8 U.S.C. 1229a(c)(7)(C)(i) (motion to reopen must be filed within ninety days of the final removal order), and petitioners have not established changed country conditions in Honduras to qualify for an exception to the filing deadline, see 8 U.S.C. 1229a(c)(7)(C)(ii); Toufighi v. Mukasey, 538 F.3d 988, 996-97 (9th Cir. 2008) (movant must produce material evidence that conditions in country of nationality had changed); see also Rodriguez v. Garland, 990 F.3d 1205, 1209-10 (9th Cir. 2021) (Changes in a petitioners personal circumstances are only relevant where those changes are related to the changed country conditions that form the basis for the motion to reopen.). Petitioners contention that the administrative record contains evidence of the treatment of individuals with mental illnesses or disabilities in Honduras in 2017, is unsupported. The motion for summary disposition in part (Docket Entry No. 13) 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). Our jurisdiction to review the BIAs discretionary decision not to reopen proceedings sua sponte is limited to contentions of legal or constitutional error. See Lona v. Barr, 958 F.3d 1225, 1227 (9th Cir. 2020). We find no legal or constitutional error on the face of the BIAs decision. The motion to dismiss this petition for review in part (Docket Entry No. 13) is granted. The temporary stay of removal remains in place until the mandate issues. The motion for a stay of removal is otherwise denied. PETITION FOR REVIEW DENIED in part; DISMISSED in part. [Entered: 09/28/2023 09:51 AM]
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| Filing 17 RESPONSE to Motion for Summary Disposition or to dimiss (DE 13) filed by Petitioner Rita Gloria Guzman Borjas, Petitioner Angel David Linares Guzman. [COURT ENTERED FILING to refile response to motion from DE 16.] [Entered: 06/29/2023 08:14 AM] [Edited: 06/29/2023 08:27 AM] |
| Filing 16 REPLY TO OPPOSITION TO MOTION TO STAY REMOVAL filed by Petitioner Rita Gloria Guzman Borjas, Petitioner Angel David Linares Guzman. [Entered: 06/28/2023 04:46 PM] |
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Filing 15
ORDER FILED. Petitioners motion (Docket Entry No. 14) for an extension of time to file a response to the governments motion for summary disposition, motion to dismiss, and opposition to the motion for a stay of removal is granted. Any response by the petitioners is due June 28, 2023. Any reply by the government is due within 7 days after service of the response. Briefing is stayed pending resolution of the governments motion for summary disposition and motion to dismiss. See 9th Cir. R. 27-11. [Entered: 06/08/2023 03:01 PM]
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| Filing 14 MOTION to extend time to respond to Motion for Summary Disposition or to Dismiss (DE 13) filed by Petitioner Rita Gloria Guzman Borjas, Petitioner Angel David Linares Guzman. [Entered: 05/26/2023 05:08 PM] |
| Filing 13 MOTION for summary disposition and/or to dismiss filed by Respondent Merrick B. Garland. [Entered: 05/19/2023 08:11 AM] |
| Filing 12 OPPOSITION to motion to stay removal filed by Respondent Merrick B. Garland. [Entered: 05/19/2023 08:09 AM] |
| Filing 11 Fee Paid by Rita Gloria Guzman Borjas, Angel David Linares Guzman. Fee Receipt Number: A09-2603511-ACMS. [Entered: 05/02/2023 05:10 PM] |
| Filing 10 CERTIFIED ADMINISTRATIVE RECORD filed by DOJ Executive Office Of Immigration Review. [Entered: 04/07/2023 06:57 AM] |
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Filing 9
ORDER FILED. To proceed in this court, petitioners must pay a $500 filing fee or seek in forma pauperis status. If petitioners do 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 petitioners. [Entered: 04/04/2023 04:25 PM]
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| Filing 8 ADDED Counsel for Respondent Neelam Ihsanullah, Counsel for Respondent Anthony Cardozo Payne for Respondent Merrick B. Garland, Respondent Merrick B. Garland. [Entered: 03/24/2023 10:44 AM] |
| Filing 7 NOTICE OF APPEARANCE by Anthony Cardozo Payne for Respondent Merrick B. Garland. [Entered: 03/24/2023 10:03 AM] |
| Filing 6 NOTICE OF APPEARANCE by Neelam Ihsanullah for Respondent Merrick B. Garland. [Entered: 03/24/2023 09:59 AM] |
| Filing 5 BRIEFING SCHEDULE NOTICE. Certified Administrative Record due 4/28/2023, Respondent Response to Stay Motion (Filed with PFR) due 5/19/2023, Immigration Petitioner Opening Brief due 6/27/2023, Immigration Respondent Answering Brief due 8/28/2023. 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: 03/24/2023 07:16 AM] |
| 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 3/23/2023. The U.S. Court of Appeals docket number 23-487 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: 03/24/2023 07:13 AM] |
| Filing 3 AGENCY DECISION on review dated 2/21/2023. [Entered: 03/24/2023 07:11 AM] |
| 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: 03/24/2023 07:11 AM] |
| Filing 1 PETITION FOR REVIEW filed by Petitioner(s). [Entered: 03/24/2023 07:11 AM] |
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