Pacito, et al. v. Trump, et al.
| PACITO, ESTHER, JOSEPHINE, SARA, ALYAS, MARCOS, AHMED, RACHEL, ALI, HIAS, INC., CHURCH WORLD SERVICE, INC. and LUTHERAN COMMUNITY SERVICES NORTHWEST |
| DONALD J. TRUMP, in his official capacity as President of the United States, MARCO RUBIO, in his official capacity as Secretary of State, KRISTI NOEM, in her official capacity as Secretary of Homeland Security and DOROTHY FINK, in her official capacity as Acting Secretary of Health and Human Services |
| CONSTITUTIONAL ACCOUNTABILITY CENTER, IMMIGRATION REFORM LAW INSTITUTE, STATE OF WASHINGTON, STATE OF MASSACHUSETTS, STATE OF ARIZONA, STATE OF CALIFORNIA, STATE OF COLORADO, STATE OF CONNECTICUT, STATE OF DELAWARE, STATE OF HAWAII, STATE OF ILLINOIS, STATE OF MAINE, STATE OF MARYLAND, STATE OF MICHIGAN, STATE OF MINNESOTA, STATE OF NEVADA, STATE OF NEW JERSEY, STATE OF NEW YORK, STATE OF OREGON, STATE OF RHODE ISLAND, STATE OF VERMONT and STATE OF WISCONSIN |
| 25-1313 |
| March 3, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
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| PACITO, ET AL. V. TRUMP, ET AL. |
 PACITO, ET AL. V. TRUMP, ET AL.
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PACITO V. TRUMP
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Docket Report
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This docket was last retrieved on April 30, 2025. A more recent docket listing may be available from PACER.
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Filing 58
ORDER FILED. Amicus Brief submitted at DE 50 by Immigration Reform Law Institute is filed. Within 7 days of this order, Amicus must file 6 copies of the brief in paper format bound with green front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The paper copies must be sent to the Clerks principal office. [25-1313, 25-1939] [Entered: 04/30/2025 11:52 AM]
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| Filing 57 ADDED Amicus Curiae Immigration Reform Law Institute; Counsel for Amicus Curiae: Andrew Schlafly. [25-1313, 25-1939] |
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Filing 56
ORDER FILED. Opening Brief submitted at DE 47 by Appellants is filed. Within 7 days of this order, Appellants must file 6 copies of the brief in paper format bound with blue front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The excerpts of record submitted at DE 48 by Appellants are filed. Within 7 days of this order, Appellants must file 3 copies of the excerpts in paper format securely bound on the left side, with white front covers. The paper copies must be sent to the Clerks principal office. [25-1313, 25-1939] [Entered: 04/30/2025 11:35 AM]
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| Filing 55 NOTICE: This case is being considered for an upcoming oral argument calendar in Portland. Please review the Portland sitting dates for August 2025 and the subsequent sitting month in that location at #http://www.ca9.uscourts.gov/court_sessions. Absent an irreconcilable conflict, the court expects you to appear and argue your case during one of these two months. If you have an irreconcilable conflict on any of the dates, please consult with opposing counsel to propose an alternate date and/or location and file Form 32 (#http://www.ca9.uscourts.gov/forms/form32.pdf) within 3 business days of this notice using the ACMS filing type Response to Case Being Considered for Oral Argument. Please follow the form's instructions (#http://www.ca9.uscourts.gov/forms/form32instructions.pdf) carefully. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a motion within 3 business days of this notice, using the filing type: Motion to Refer to Mediation. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. [25-1313, 25-1939] [Entered: 04/30/2025 10:02 AM] |
| Filing 54 ADDED Counsel for Appellee Mevlude Amina Akay Alp [25-1313, 25-1939] [Entered: 04/30/2025 08:33 AM] |
| Filing 53 NOTICE OF APPEARANCE by Mevlude Amina Akay Alp for Appellee Ahmed, Appellee Ali, Appellee Alyas, Appellee Church World Service, Inc., Appellee Esther, Appellee HIAS, Inc., Appellee Josephine, Appellee Lutheran Community Services Northwest, Appellee Marcos, Appellee Pacito, Appellee Rachel, Appellee Sara. [25-1313, 25-1939] [Entered: 04/30/2025 06:49 AM] |
| Filing 52 ADDED Counsel for Appellee Megan McLaughlin Hauptman [25-1313, 25-1939] [Entered: 04/29/2025 09:55 AM] |
| Filing 51 NOTICE OF APPEARANCE by Megan McLaughlin Hauptman for Appellee Ahmed, Appellee Ali, Appellee Alyas, Appellee Church World Service, Inc., Appellee Esther, Appellee HIAS, Inc., Appellee Josephine, Appellee Lutheran Community Services Northwest, Appellee Marcos, Appellee Pacito, Appellee Rachel, Appellee Sara. [25-1313, 25-1939] [Entered: 04/28/2025 05:43 PM] |
| Filing 50 AMICUS BRIEF by government or with consent submitted for filing by Immigration Reform Law Institute. [25-1313, 25-1939] [Entered: 04/28/2025 02:04 PM] |
| Filing 49 DEFECTIVE --- EXCERPTS OF RECORD submitted for filing by Appellant Donald J. Trump, Appellant Marco Rubio, Appellant Kristi Noem, Appellant Dorothy Fink. [25-1939, 25-1313]--[duplicate entry, correct entry at DE 48] [Entered: 04/22/2025 11:59 PM] [Edited: 04/30/2025 11:29 AM] |
| Filing 48 EXCERPTS OF RECORD submitted for filing by Appellant Donald J. Trump, Appellant Marco Rubio, Appellant Kristi Noem, Appellant Dorothy Fink. [25-1939, 25-1313]--[COURT UPDATE: Corrected PDF attached as of 4/30/2025, REPLACING original attachment] [Entered: 04/22/2025 11:56 PM] [Edited: 04/30/2025 11:28 AM] |
| Filing 47 OPENING BRIEF submitted for filing by Appellant Donald J. Trump, Appellant Marco Rubio, Appellant Kristi Noem, Appellant Dorothy Fink. [25-1939, 25-1313]--[COURT UPDATE: Corrected PDF attached as of 4/30/2025, REPLACING original attachment] [Entered: 04/22/2025 11:51 PM] [Edited: 04/30/2025 11:24 AM] |
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Filing 46
ORDER FILED. Barry G. SILVERMAN, Bridget S. BADE, Ana DE ALBA Accordingly, the governments motion to clarify the scope of our previous order, Dkt. 35, is GRANTED. The stay request is denied to the extent that the district courts preliminary injunction order applies to individuals who met the following conditions on or before January 20, 2025: (1) the individual had an approved refugee application authorizing Customs and Border Protection to admit the individual conditionally as a refugee upon arrival at the port within four months of the date the refugee application was approved, 8 C.F.R. 207.4; (2) the individual was cleared by USCIS for travel to the United States; and (3) the individual had arranged and confirmable travel plans to the United States. The preliminary injunction remains in effect for these individuals only, and the government must resume their processing, facilitation of travel to the United States, admission, and provision of resettlement benefits after admission. The preliminary injunction order is stayed in all other respects. (SEE ORDER FOR FULL TEXT) [25-1313, 25-1939] [Entered: 04/21/2025 05:05 PM]
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| Filing 45 REPLY to Response to Motion for Clarification of Non-Dispositive Order (DE 44) filed by Appellant Donald J. Trump, Appellant Marco Rubio, Appellant Kristi Noem, Appellant Dorothy Fink. [25-1313, 25-1939] [Entered: 04/17/2025 10:57 PM] |
| Filing 44 RESPONSE to Motion for Clarification of Non-Dispositive Order (DE 35) filed by Appellee Pacito, Appellee Esther, Appellee Josephine, Appellee Sara, Appellee Alyas, Appellee Marcos, Appellee Ahmed, Appellee Rachel, Appellee Ali, Appellee HIAS, Inc., Appellee Church World Service, Inc., Appellee Lutheran Community Services Northwest. [25-1313, 25-1939] [Entered: 04/15/2025 05:32 PM] |
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Filing 43
ORDER FILED. The unopposed motion (Docket Entry No. 40) for leave to file a motion for clarification is granted. The motion (Docket Entry No. 35) for clarification raises issues that warrant a response. See 9th Cir. R. 27-10. The response is due April 15, 2025. The optional reply in support of the motion for clarification is due April 17, 2025.} [25-1313, 25-1939] [Entered: 04/11/2025 09:58 AM]
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| Filing 42 CITATION of Supplemental Authorities (28j Letter) filed by Appellee Pacito, Appellee Esther, Appellee Josephine, Appellee Sara, Appellee Alyas, Appellee Marcos, Appellee Ahmed, Appellee Rachel, Appellee Ali, Appellee HIAS, Inc., Appellee Church World Service, Inc., Appellee Lutheran Community Services Northwest. [25-1313, 25-1939] [Entered: 04/10/2025 01:09 PM] |
| Filing 41 DEFECTIVE --- CITATION of Supplemental Authorities (28j Letter) filed by Appellee Pacito, Appellee Esther, Appellee Josephine, Appellee Sara, Appellee Alyas, Appellee Marcos, Appellee Ahmed, Appellee Rachel, Appellee Ali, Appellee HIAS, Inc., Appellee Church World Service, Inc., Appellee Lutheran Community Services Northwest. [Duplicate filing, correct PDF in 25-1313 DE 42] [25-1939, 25-1313] [Entered: 04/10/2025 01:04 PM] [Edited: 04/10/2025 01:50 PM] |
| Filing 40 MOTION for Clarification of Non-Dispositive Order filed by Appellant Donald J. Trump, Appellant Marco Rubio, Appellant Kristi Noem, Appellant Dorothy Fink. [Court entered filing to correct DE 39] [25-1313, 25-1939] [Entered: 04/09/2025 12:38 PM] |
| Filing 39 DEFECTIVE --- MOTION to Accept Late Filing filed by Appellant Donald J. Trump, Appellant Marco Rubio, Appellant Kristi Noem, Appellant Dorothy Fink. [Wrong filing type used, corrected in DE 40] [25-1313, 25-1939] [Entered: 04/09/2025 11:57 AM] [Edited: 04/09/2025 12:39 PM] |
| Filing 38 TERMINATED participation of Counsel for Appellant Nancy Canter, representing Appellant Donald J. Trump, Appellant Dorothy Fink, Appellant Kristi Noem, Appellant Marco Rubio. [25-1313, 25-1939] [Entered: 04/09/2025 08:59 AM] |
| Filing 37 NOTICE of Withdrawal as Counsel filed by Nancy Canter. Counsel withdrawing on behalf of other attorney(s): No [[-]]. Party proceeding without counsel: No. [-]. [25-1313, 25-1939] [Entered: 04/09/2025 07:07 AM] |
| Filing 36 NOTICE of Withdrawal as Counsel filed by Nancy Canter. Counsel withdrawing on behalf of other attorney(s): No [[-]]. Party proceeding without counsel: No. [-]. [25-1939, 25-1313] [Entered: 04/09/2025 07:04 AM] |
| Filing 35 MOTION for Clarification of Non-Dispositive Order filed by Appellant Donald J. Trump, Appellant Marco Rubio, Appellant Kristi Noem, Appellant Dorothy Fink. [25-1313, 25-1939] [Entered: 04/09/2025 04:21 AM] |
| Filing 34 MEDIATION QUESTIONNAIRE filed by Appellant Donald J. Trump, Appellant Marco Rubio, Appellant Kristi Noem, Appellant Dorothy Fink. To submit pertinent confidential information directly to the Circuit Mediators, please email #[email protected] and include the case name and number in the subject line. Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts. [25-1939, 25-1313] [Entered: 03/31/2025 06:41 AM] |
| Filing 33 Paper copies (6) of Amicus Brief submitted at DE 9 by Constitutional Accountability Center received. [25-1313, 25-1939] [Entered: 03/28/2025 04:11 PM] |
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Filing 32
ORDER FILED. The unopposed motion (Docket Entry No. 3 in 25-1939, 31 in 25-1313) to consolidate these appeals is granted. The consolidated opening brief is due April 22, 2025. The consolidated answering brief is due May 20, 2025. The optional consolidated reply brief is due within 21 days after the consolidated answering brief is served. [25-1939, 25-1313] [Entered: 03/28/2025 02:54 PM]
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| Filing 31 MOTION to Consolidate filed by Appellant Donald J. Trump, Appellant Marco Rubio, Appellant Kristi Noem, Appellant Dorothy Fink. [Entered: 03/26/2025 07:57 AM] |
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Filing 30
ORDER FILED. Amicus Brief submitted at DE 16 by State of Washington, et al. is filed. Within 7 days of this order, Amicus must file 6 copies of the brief in paper format bound with green front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The paper copies must be sent to the Clerks principal office. [Entered: 03/25/2025 04:26 PM]
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Filing 29
ORDER FILED. Amicus Brief submitted at DE 9 by Constitutional Accountability Center is filed. Within 7 days of this order, Amicus must file 6 copies of the brief in paper format bound with green front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The paper copies must be sent to the Clerks principal office. [Entered: 03/25/2025 04:23 PM]
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Filing 28
ORDER FILED. Barry G. SILVERMAN, Bridget S. BADE, Ana DE ALBA The motions (Docket Entry Nos. 9, 16) for leave to file amicus briefs in support of the emergency motion for a stay are granted. The emergency motion (Docket Entry No. 5) to stay the district courts February 28, 2025 order is granted in part, and denied in part. The motion is denied to the extent the district courts preliminary injunction order applies to individuals who were conditionally approved for refugee status by the United States Citizenship and Immigration Services before January 20, 2025... In all other respects, the district courts February 28, 2025 preliminary injunction order is stayed... The existing briefing schedule remains in effect. The clerk will place this appeal on the next available calendar. See 9th Cir. Gen. Ord. 3.3(f). [Entered: 03/25/2025 10:46 AM]
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| Filing 27 ADDED Counsel for Appellant Drew C Ensign [Entered: 03/25/2025 10:27 AM] |
| Filing 26 NOTICE OF APPEARANCE by Drew C Ensign for Appellant Donald J. Trump, Appellant Dorothy Fink, Appellant Kristi Noem, Appellant Marco Rubio. [Entered: 03/25/2025 10:19 AM] |
| Filing 25 CITATION of Supplemental Authorities (28j Letter) filed by Appellant Donald J. Trump, Appellant Marco Rubio, Appellant Kristi Noem, Appellant Dorothy Fink. [Entered: 03/25/2025 08:56 AM] |
| Filing 24 ADDED Counsel for Appellee Nicholas James Surprise [Entered: 03/21/2025 10:10 AM] |
| Filing 23 ADDED Counsel for Appellee Shireen Lankarani [Entered: 03/21/2025 10:06 AM] |
| Filing 22 NOTICE OF APPEARANCE by Shireen Lankarani for Appellee Ahmed, Appellee Ali, Appellee Alyas, Appellee Church World Service, Inc., Appellee Esther, Appellee HIAS, Inc., Appellee Josephine, Appellee Lutheran Community Services Northwest, Appellee Marcos, Appellee Pacito, Appellee Rachel, Appellee Sara. [Entered: 03/21/2025 09:20 AM] |
| Filing 21 NOTICE OF APPEARANCE by Nicholas James Surprise for Appellee Ahmed, Appellee Ali, Appellee Alyas, Appellee Church World Service, Inc., Appellee Esther, Appellee HIAS, Inc., Appellee Josephine, Appellee Lutheran Community Services Northwest, Appellee Marcos, Appellee Pacito, Appellee Rachel, Appellee Sara. [Entered: 03/21/2025 09:13 AM] |
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Filing 20
ORDER FILED. Barry G. SILVERMAN, Bridget S. BADE, Ana DE ALBA. This court is informed that the governments motion to stay the preliminary injunction, filed in the district court on March 3, 2025, remains undecided. The district court is respectfully requested to rule on the motion by no later than 12:00 PM PDT on Friday, March 21, 2025. The clerk will serve this order on District Judge Whitehead. [Entered: 03/19/2025 07:59 PM]
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| Filing 19 RELEASED FROM MEDIATION (text only). This case is released from the Mediation Program. [Entered: 03/19/2025 04:33 PM] |
| Filing 18 REPLY to Response to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 14) filed by Appellant Donald J. Trump, Appellant Marco Rubio, Appellant Kristi Noem, Appellant Dorothy Fink. [Court entered filing to correct DE 17] [Entered: 03/19/2025 03:12 PM] |
| Filing 17 DEFECTIVE --- RESPONSE to Order - Call for Response to Filing (DE 8) filed by Appellant Donald J. Trump, Appellant Marco Rubio, Appellant Kristi Noem, Appellant Dorothy Fink. [Wrong filing type used, corrected in DE 18] [Entered: 03/18/2025 08:16 PM] [Edited: 03/19/2025 03:13 PM] |
| Filing 16 AMICUS BRIEF and MOTION for leave to file amicus brief filed by WASHINGTON, et al. [Entered: 03/18/2025 03:16 PM] |
| Filing 15 ADDED Amici Curiae - Pending State of Washington, State of Massachusetts, State of Arizona, State of California, State of Colorado,State of Connecticut, State of Delaware, State of Hawaii, Amicus Curiae - Pending State of Illinois, State of Maine, State of Maryland, State of Michigan, State of Minnesota, State of Nevada, State of New Jersey, State of New York, State of Oregon, State of Rhode Island, State of Vermont, State of Wisconsin; Counsel for Amici Curiae - Pending: Emma Grunberg. [Entered: 03/17/2025 12:40 PM] |
| Filing 14 RESPONSE to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 5) filed by Appellee Pacito, Appellee Esther, Appellee Josephine, Appellee Sara, Appellee Alyas, Appellee Marcos, Appellee Ahmed, Appellee Rachel, Appellee Ali, Appellee HIAS, Inc., Appellee Church World Service, Inc., Appellee Lutheran Community Services Northwest. [Entered: 03/14/2025 09:39 PM] |
| Filing 13 DEFECTIVE --- AMICUS BRIEF by government or with consent submitted for filing by WASHINGTON, et al.--[incorrect entry, correct entry at DE 16] [Entered: 03/14/2025 04:48 PM] [Edited: 03/20/2025 11:37 AM] |
| Filing 12 MEDIATION ORDER: By 3/24/2025, counsel to email Circuit Mediator regarding settlement potential. Include Ninth Circuit case name and number in subject line. This communication will be kept confidential, if requested, and should not be filed with the court. The existing briefing schedule remains in effect. SEE ORDER FOR DETAILS. [Entered: 03/14/2025 03:47 PM] |
| Filing 11 NOTICE OF APPEARANCE by Elizabeth Wydra for Amicus Curiae - Pending Constitutional Accountability Center. [Entered: 03/14/2025 11:55 AM] |
| Filing 10 ADDED Amicus Curiae - Pending Constitutional Accountability Center; Counsel for Amicus Curiae - Pending: Elizabeth Wydra. [Entered: 03/14/2025 11:22 AM] |
| Filing 9 AMICUS BRIEF and MOTION for leave to file amicus brief filed by Constitutional Accountability Center. [Entered: 03/14/2025 06:09 AM] |
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Filing 8
ORDER FILED. The response to the emergency stay motion is due March 14, 2025. The optional reply in support of the emergency stay motion is due March 18, 2025. [Entered: 03/10/2025 02:56 PM]
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| Filing 7 MEDIATION QUESTIONNAIRE filed by Appellant Donald J. Trump, Appellant Marco Rubio, Appellant Kristi Noem, Appellant Dorothy Fink. To submit pertinent confidential information directly to the Circuit Mediators, please email #[email protected] and include the case name and number in the subject line. Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts. [Entered: 03/10/2025 02:47 PM] |
| Filing 6 Emergency MOTION Circuit Rule 27-3 Certificate filed by Appellant Donald J. Trump, Appellant Marco Rubio, Appellant Kristi Noem, Appellant Dorothy Fink. [Entered: 03/08/2025 07:18 PM] |
| Filing 5 MOTION to Stay Lower Court or Agency Proceedings/Order/Judgment filed by Appellant Donald J. Trump, Appellant Marco Rubio, Appellant Kristi Noem, Appellant Dorothy Fink. [Entered: 03/08/2025 07:16 PM] |
| Filing 4 ADDED Counsel for Appellant Alexandra Lee Yeatts [Entered: 03/05/2025 11:48 AM] |
| Filing 3 NOTICE OF APPEARANCE by Alexandra Lee Yeatts for Appellant Donald J. Trump, Appellant Dorothy Fink, Appellant Kristi Noem, Appellant Marco Rubio. [Entered: 03/05/2025 11:21 AM] |
| Filing 2 PRELIMINARY INJUNCTION SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 3/10/2025, Preliminary Injunction Opening Brief Due (Appellant) 3/31/2025, Preliminary Injunction Answering Brief Due (Appellee) 4/28/2025. For appeal no. 25-1313, 2:25-cv-00255-JNW.All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. Failure of the petitioner(s)/appellant(s) to comply with this briefing schedule will result in automatic dismissal of the appeal. See 9th Cir. R. 42-1. [Entered: 03/03/2025 12:01 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 2:25-cv-00255-JNW has been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit. The U.S. Court of Appeals docket number 25-1313 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) and review the #Appellate Practice Guide. Attorneys should consider contacting the court's #Appellate Mentoring Program for help with the brief and argument. [Entered: 03/03/2025 11:57 AM] |
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