Pelayo-Vidriales v. Garland
| JOSE MANUEL PELAYO-VIDRIALES |
| MERRICK B. GARLAND, ATTORNEY GENERAL |
| 23-691 |
| April 18, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on September 18, 2023. A more recent docket listing may be available from PACER.
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| Filing 24 MANDATE ISSUED Richard C. TALLMAN, N. Randy SMITH, Daniel P. COLLINS [23-691, 23-779] [Entered: 09/18/2023 08:18 AM] |
Filing 23
ORDER FILED. Richard C. TALLMAN, N. Randy SMITH, Daniel P. COLLINS There is no longer a final order of removal that this court has jurisdiction to review because the agency cancelled the reinstated removal order that was the subject of these proceedings. See 8 U.S.C. 1252(a)(1); Lopez-Ruiz v. Ashcroft, 298 F.3d 886, 887 (9th Cir. 2002) (This court only reviews final orders of removal.). The unopposed motion to dismiss this consolidated petition for lack of jurisdiction (Docket Entry No. 20 in petition No. 23-691 and Docket Entry No. 14 in petition No. 23-779) is granted. The supplemented motion for a stay of removal (Docket Entry Nos. 7, 11 in petition No. 23-691) is denied. The temporary stay of removal is lifted. PETITION FOR REVIEW DISMISSED. [23-691, 23-779] [Entered: 07/26/2023 04:22 PM]
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| Filing 22 RESPONSE to Motion to Dismiss (DE 14) filed by Petitioner Jose Manuel Pelayo-Vidriales. [23-779, 23-691] [Entered: 06/16/2023 12:59 PM] |
| Filing 21 OPPOSITION to motion to stay removal filed by Respondent Merrick B. Garland. [23-691, 23-779] [Entered: 06/16/2023 11:43 AM] |
| Filing 20 MOTION to dismiss case filed by Respondent Merrick B. Garland. [23-691, 23-779] [Entered: 06/16/2023 11:41 AM] |
| Filing 19 CERTIFIED ADMINISTRATIVE RECORD filed by DOJ Executive Office Of Immigration Review. [23-779, 23-691] [Entered: 05/17/2023 10:26 AM] |
| Filing 18 CERTIFIED ADMINISTRATIVE RECORD filed by DOJ Executive Office Of Immigration Review. [23-779, 23-691] [Entered: 05/17/2023 10:22 AM] |
| Filing 17 CERTIFIED ADMINISTRATIVE RECORD filed by DOJ Executive Office Of Immigration Review. [23-691, 23-779] [Entered: 05/17/2023 08:34 AM] |
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Filing 16
ORDER FILED. Lisa B. Fitzgerald, Appellate Commissioner. Petitioners motion to consolidate (Docket Entry No. 13 in No. 23-691; Docket Entry No. 5 in No. 23-779) is granted. Nos. 23-691 and 23-779 are consolidated. The parties must include both case numbers on all future filings. The motions to proceed in forma pauperis (Docket Entry No. 14 in No. 23-691; Docket Entry No. 8 in No. 23-779) are granted. The Clerk will amend the dockets to reflect this status. The governments response to the motion to stay removal filed in No. 23-691 remains due June 13, 2023. The consolidated opening brief is now due July 31, 2023. The consolidated answering brief is due September 29, 2023. The optional consolidated reply brief is due within 21 days after service of the consolidated answering brief. [23-691, 23-779] [Entered: 05/16/2023 03:59 PM]
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| Filing 15 CERTIFIED ADMINISTRATIVE RECORD filed by Oil-Appellate Oil-Appellate. [Entered: 05/10/2023 12:07 PM] |
| Filing 14 MOTION to proceed in forma pauperis filed by Petitioner(s). [Entered: 05/01/2023 11:06 AM] |
| Filing 13 MOTION to consolidate filed by Petitioner Jose Manuel Pelayo-Vidriales. [Entered: 04/27/2023 11:21 AM] |
| Filing 12 CERTIFIED ADMINISTRATIVE RECORD filed by DOJ Executive Office Of Immigration Review. [Entered: 04/26/2023 11:18 AM] |
| Filing 11 SUPPLEMENTAL MOTION TO STAY REMOVAL filed by Petitioner Jose Manuel Pelayo-Vidriales. [Entered: 04/21/2023 04:44 PM] [Edited: 04/21/2023 04:50 PM] |
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Filing 10
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: 04/21/2023 04:23 PM]
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| Filing 9 DEFECTIVE --- SUPPLEMENTAL MOTION TO STAY REMOVAL filed by Petitioner Jose Manuel Pelayo-Vidriales. [Counsel filed correctly at DE 11.] [Entered: 04/21/2023 02:44 PM] [Edited: 04/21/2023 04:55 PM] |
| Filing 8 Motion to Stay Removal filed at DE 7; Respondent Response to Stay Motion (Filed after PFR) due 6/13/2023. [Entered: 04/21/2023 01:40 PM] |
| Filing 7 MOTION TO STAY REMOVAL filed by Petitioner(s); REMOVAL STAYED pending further order of the court per General Order 6.4(c). [Entered: 04/21/2023 12:02 PM] |
| Filing 6 ADDED Counsel for Respondent Gregory Michael Kelch for Respondent Merrick B. Garland. [Entered: 04/19/2023 07:27 AM] |
| Filing 5 NOTICE OF APPEARANCE by Gregory Michael Kelch for Respondent Merrick B. Garland. [Entered: 04/19/2023 05:06 AM] |
| Filing 4 BRIEFING SCHEDULE NOTICE. Certified Administrative Record due 5/23/2023, Immigration Petitioner Opening Brief due 7/24/2023, Immigration Respondent Answering Brief due 9/20/2023. 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: 04/18/2023 01:41 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 4/18/2023. The U.S. Court of Appeals docket number 23-691 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: 04/18/2023 01:39 PM] |
| Filing 2 AGENCY DECISION on review dated 4/5/2023. [Entered: 04/18/2023 01:38 PM] |
| Filing 1 PETITION FOR REVIEW filed by Petitioner(s). [Entered: 04/18/2023 01:38 PM] |
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| Petitioner: JOSE MANUEL PELAYO-VIDRIALES | |
| Represented By: | Ms. Siovhan Sheridan Ayala |
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| Respondent: MERRICK B. GARLAND, ATTORNEY GENERAL | |
| Represented By: | OIL |
| Represented By: | Mr. Gregory Michael Kelch |
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