Case: Dent v. Sessions

2:10-cv-02673 | U.S. District Court for the District of Arizona

Filed Date: Dec. 14, 2010

Closed Date: April 1, 2019

Clearinghouse coding complete

Case Summary

On June 26, 2009, a Lawful Permanent Resident detained by the Department of Homeland Security ("DHS") filed this lawsuit in the U.S. Court of Appeals for the Ninth Circuit. The plaintiff, represented by private counsel, sought review under 8 U.S.C. § 1252 of a decision of the Board of Immigration Appeals ("BIA") affirming his removal order. The plaintiff argued that the order was wrong as a matter of law and violated his constitutional rights.Specifically, the plaintiff claimed that the adminis…

On June 26, 2009, a Lawful Permanent Resident detained by the Department of Homeland Security ("DHS") filed this lawsuit in the U.S. Court of Appeals for the Ninth Circuit. The plaintiff, represented by private counsel, sought review under 8 U.S.C. § 1252 of a decision of the Board of Immigration Appeals ("BIA") affirming his removal order. The plaintiff argued that the order was wrong as a matter of law and violated his constitutional rights.

Specifically, the plaintiff claimed that the administrative removal proceedings were fraught with material mistakes and omissions on the part of the Immigration Judge ("IJ"), the BIA and the DHS, such that the plaintiff was deprived of any semblance of a fundamentally fair removal hearing. Allegedly, the IJ repeatedly failed to properly advise the plaintiff of his procedural rights, as required by the Immigration and Nationality Act (INA). Moreover, the plaintiff claimed that the IJ committed material procedural and substantive errors of law; the BIA simply ignored the IJ's errors and summarily approved his decision; and DHS mischarged and recharged the plaintiff with different grounds of deportation.

The plaintiff also claimed that, as a Lawful Permanent Resident of the United States for more than 20 years, he was entitled to apply for full relief from removal in the form of cancellation of removal pursuant to 8 U.S.C. § 1229b(a).

DHS initiated removal proceedings against the plaintiff in 2005 on the ground that he had been convicted of an aggravated felony. The plaintiff had been convicted in the Superior Court of Arizona for possession or use of narcotic drugs and escape in the third degree, both felonies, and sentenced to one year of imprisonment.

The plaintiff initially defended against his removal pro se, arguing that he had been adopted by a U.S. citizen when he was a child, and thus was a U.S. citizen himself. He also argued that his convictions did not suffice to make him an aggravated felon under the INA.

When the plaintiff told the IJ he had been adopted by a U.S. citizen, the IJ asked the plaintiff to produce the adoption papers and his mother's birth certificate. Later, noting that the plaintiff had not produced his mother's birth certificate despite continuances and that he could pursue his citizenship claim from Honduras, the IJ found that the plaintiff had been "unable to make a prima facie showing of citizenship in the United States" and ordered him removed to Honduras.

The plaintiff appealed to the BIA and won a remand on the non-substantive ground that the record it received lacked the adoption decree and the criminal judgment. On remand, the government lodged an additional charge, that the plaintiff was removable not only for the escape but also for his controlled substance violation. The IJ again found the plaintiff removable because his escape violation was an aggravated felony crime of violence, and also because of his controlled substance violation. The plaintiff again appealed to the BIA, and the BIA adopted and affirmed the IJ's decision.

Unknown to the plaintiff, the documents related to his claim of U.S. citizenship were already in his immigration file (“A-file”). These documents were always in the government's control, but never given to him or to the IJ or BIA. The documents consisted of a naturalization application that the plaintiff's adoptive mother filed on his behalf on January 18, 1982 and an Application to File Petition for Naturalization that the plaintiff filed on his own behalf on February 26, 1986. The A-file did not include any documents purporting to adjudicate either application.

In his appeal to the Ninth Circuit, the plaintiff raised a new claim—that he should have been furnished with the naturalization petitions in his A-file.

On November 9, 2010, Circuit Judge Andrew J. Kleinfeld held that the Court would take judicial notice of the existence of naturalization applications contained in the plaintiff's A-file, but it would not take judicial notice of facts allegedly proved by out-of-record naturalization applications. The Court also held that the government's failure to provide the plaintiff with a copy of his A-file violated his due process rights and that he was entitled to a copy of his A-file under the mandatory access provision of the INA. Finally, the court held that a factual issue existed as to whether the plaintiff was a naturalized U.S. citizen, and therefore, the case should be transferred to the district court, rather than remanded to the BIA.

Accordingly, the court vacated the BIA decision and transferred the proceedings to the U.S. District Court for the District of Arizona for a new hearing on the plaintiff's nationality claim, to be considered as if an action had been brought for declaratory relief under 28 U.S.C. § 2201.33. If the district court determined that the plaintiff was not a citizen of the U.S., then the case would be remanded to the BIA for a new hearing after production of the A-file in full, unless its production had already been ordered by the district court. 627 F.3d 365.

On December 23, 2010, the case was assigned to Judge Mary H. Murguia. On January 5, 2011, the case was reassigned to the U.S. Circuit Judge John W. Sedwick, and it was reassigned again on January 20 to Judge Timothy M. Burgess.

During discovery, the plaintiff’s counsel requested to withdraw from the case. Judge Burgess granted the motion to withdraw on August 22, 2012.

On September 12, 2012, the defendants filed a motion for summary judgment as to the plaintiff’s nationality claim, and a motion to dismiss all other claims. At this point the plaintiff still lacked representation, and he failed to file a timely response. On October 12, 2012, he requested a 60-day extension to obtain counsel and respond to the defendants' motion; he also requested a stay of removal. On October 25, 2012, Judge Burgess granted the plaintiff's request for a 60-day extension. Judge Burgess denied the plaintiff's request for a stay of removal as moot because there was no longer a pending order of removal (the Ninth Circuit had vacated the BIA's earlier decision affirming the removal order).

On January 2, 2013, Judge Burgess issued an order to the plaintiff requiring him to show cause why this action should not have been dismissed for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b).

On January 17, 2013, Judge Burgess admitted pro hac vice a private attorney for the plaintiff. On January 18, the plaintiff responded to the order to show cause.

On September 30, 2013, Judge Burgess granted both of the defendant's motions. First, the court granted the government summary judgment on the plaintiff’s naturalization claim, finding that under the INA, the plaintiff did not meet the requirements for naturalization under his mother’s application, nor did he successfully prosecute his individual application. Judge Burgess also granted the defendant's motion to dismiss as to all other claims because the case had been transferred to the district court as if on “limited remand” for the purpose of resolving the factual issues surrounding the plaintiff’s citizenship, and the government had since produced all the relevant documents it had in its possession. 2013 WL11311230.

On October 28, 2013, the plaintiff filed an appeal with the Ninth Circuit (case number: 13-17213).

On June 30, 2015, the Ninth Circuit issued a memorandum vacating and remanding the case for further consideration of the plaintiff's due process claims in light of the Ninth Circuit's decision in Brown v. Holder, 763 F.3d 1141 (9th Cir. 2014), holding that a petitioner might be able to establish a claim to citizenship if he can demonstrate that the “[Immigration and Naturalization Service] acted arbitrarily and intentionally obstructed his Childhood and/or Adult Applications" or was "deliberately indifferent to whether his application[s] [were] processed." 606 Fed.Appx. 405 (Jun 30, 2015).

On August 27, 2015, the case was reassigned to U.S. District Court Judge Steven P Logan. On August 31, 2015, the case was again re-assigned by lot to Judge G. Murray Snow.

On May 27, 2016, both parties filed motions for summary judgment.

On March 17, 2017, Judge Snow issued an order granting the defendant's motion for summary judgment and denying the plaintiff's motion. The Judge found that the plaintiff had failed to present evidence sufficient to raise a prima facie case that the INS arbitrarily and intentionally obstructed or acted with deliberate indifference toward his naturalization applications. As such, the plaintiff was unable to succeed on a constitutional due process claim. 243 F.Supp.3d 1062 (D. Ariz. 2017).

On April 7, 2017 the plaintiff appealed to the Ninth Circuit (case no. 17-15662).

On August 17, 2018, the Ninth Circuit issued an opinion denying the plaintiff’s petition insofar as it raised due process and equal protection claims relating to his citizenship determination, but granting and remanding insofar as the BIA ruled that his escape conviction was an aggravated felony.

First, the Court found that the plaintiff did have standing to assert due process and equal protection claims on his deceased adoptive mother’s behalf. Applying rational basis review, the Court held that the statutory requirement that citizen parents petition to naturalize their adopted, foreign-born children does not violate equal protection. The Court also held that the plaintiff was unable to show that the INS violated his due process rights by acting with deliberate indifference in processing his citizenship applications. Finally, the Court found that the BIA erred in concluding that third-degree escape under Arizona law was an aggravated felony crime of violence that would make the plaintiff removable. However, the Court stated that the plaintiff’s conviction for a controlled substance offense still rendered him removable, and so remanded the case to the BIA for a new hearing to address the plaintiff’s request for cancellation of removal. 900 F.3d 1075.

The plaintiff petitioned the U.S. Supreme Court for a writ of certiorari, but the Court denied the petition on April 1, 2019. 139 S.Ct. 1472.

The case is closed.

Summary Authors

Xin Chen (7/18/2012)

Joanna Kuzdra (3/15/2018)

Sam Kulhanek (3/18/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5649111/parties/dent-v-sessions/


Judge(s)

Burgess, Timothy Mark (Alaska)

Graber, Susan (Oregon)

Kleinfeld, Andrew Jay (Alaska)

Lemelle, Ivan L. R. (Louisiana)

Snow, G. Murray (Arizona)

Tallman, Richard C. (Washington)

Attorneys(s) for Plaintiff

Agne, Sara Jane (Arizona)

Cheong, Holly E. (Nevada)

Johnson, Brett William (Arizona)

Leopold, David W. (Ohio)

Judge(s)

Burgess, Timothy Mark (Alaska)

Graber, Susan (Oregon)

Kleinfeld, Andrew Jay (Alaska)

Lemelle, Ivan L. R. (Louisiana)

Snow, G. Murray (Arizona)

Tallman, Richard C. (Washington)

Attorneys(s) for Plaintiff

Agne, Sara Jane (Arizona)

Cheong, Holly E. (Nevada)

Johnson, Brett William (Arizona)

Leopold, David W. (Ohio)

Marouf, Fatma E. (Texas)

Selzer, Sarah (Arizona)

Tolchin, Stacy (California)

Traum, Anne Rachel (Nevada)

Villanueva, Cindy Aracely (Arizona)

Attorneys(s) for Defendant

Clark, Katharine Elizabeth (District of Columbia)

Evans, Walter Manning (District of Columbia)

Fiorino, Paul (District of Columbia)

George, Matthew B (District of Columbia)

Parsons, Cynthia M. (Arizona)

Verby, Russell J. (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Dent v. Holder

U. S. Court of Appeals for the Ninth Circuit

Oct. 29, 2013 Docket

Docket [PACER]

Dent v. Holder

Nov. 2, 2018 Docket
1

Petition for Review

Dent v. Holder

U. S. Court of Appeals for the Ninth Circuit

June 26, 2009 Pleading / Motion / Brief
50

Ninth Circuit Opinion

Dent v. Holder

U. S. Court of Appeals for the Ninth Circuit

627 F.3d 365

Nov. 9, 2010 Order/Opinion
146

Order

2013 WL 11311230

Sept. 30, 2013 Order/Opinion
206

Order

243 F.Supp.3d 1062

March 17, 2017 Order/Opinion

Opinion

U. S. Court of Appeals for the Ninth Circuit

900 F.3d 1075

Aug. 17, 2018 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5649111/dent-v-sessions/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
62

NOTICE OF ASSIGNMENT: (MHA) (Entered: 12/15/2010)

Dec. 14, 2010 PACER
61

Case transferred in from District of U.S. Court of Appeals for the Ninth Circuit; Case Number 09-71987. Original file with documents numbered 1-60, certified copy of transfer order and docket sheet received., filed by Sazar Dent. (Attachments: # 1 Docket Sheet)(MHA) (Entered: 12/15/2010)

Dec. 14, 2010 PACER
64

Minute Order: Due to a clerical error, this case has been randomly reassigned to the Honorable Mary H. Murguia. All future documents shall include the following case number CV 10-2673 PHX MHM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CAD) (Entered: 12/23/2010)

Dec. 15, 2010 PACER
63

Letter from USDC, Phoenix to all Parties/Counsel of Record regarding receipt of case transferred from the U.S. Court of Appeals for the Ninth Circuit 09-71987. (MHA) (Entered: 12/15/2010)

Dec. 15, 2010 PACER
66

NOTICE of Appearance by Cynthia M Parsons on behalf of Eric Himpton Holder, Jr (Parsons, Cynthia) (Entered: 01/04/2011)

Jan. 4, 2011 PACER
65

USCA ORDER - the mandate issued on January 3, 2011 is recalled as issued in error. (Attachments: # 1 Recalled Mandate)(KMG) (Entered: 01/04/2011)

Jan. 4, 2011 PACER
67

Minute Order: This case is reassigned to the Honorable John W. Sedwick for all further proceedings. All future documents filed shall reflect the initials JWS as part of the complete case number. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SJF) (Entered: 01/05/2011)

Jan. 5, 2011 PACER
70

ORDER pursuant to General Order 05-25 granting 69 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 01/20/2011)

Jan. 20, 2011 PACER

PRO HAC VICE FEE PAID. $ 50, receipt number PHX105597 as to Anne R Traum. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Jan. 20, 2011 PACER
69

MOTION for Admission Pro Hac Vice as to attorney Anne R Traum on behalf of Sazar Dent. (BAS) (Entered: 01/20/2011)

Jan. 20, 2011 PACER
68

MINUTE ORDER - By agreement of the judges, the above-referenced case is hereby reassigned to the Honorable Timothy M. Burgess for all further proceedings. Please use the following case number on all future filings: 2:10-cv-02673-TMB.(LAD) (Entered: 01/20/2011)

Jan. 20, 2011 PACER
71

*WITHDRAWN by (Doc. 74) MOTION to Stay by Eric Himpton Holder, Jr. (Attachments: # 1 Text of Proposed Order)(Parsons, Cynthia) Modified on 4/11/2011 (ESL). (Entered: 04/07/2011)

April 7, 2011 PACER
72

MANDATE of USCA re 61 Transfer Order (Appeal Number: 09-71987). (ESL) (Entered: 04/08/2011)

April 8, 2011 PACER
74

MINUTE ORDER granting the 73 Motion to Withdraw. The 71 Motion to Stay is withdrawn. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ESL) (Entered: 04/11/2011)

April 11, 2011 PACER
73

MOTION to Withdraw re 71 MOTION to Stay by Eric Himpton Holder, Jr. (Parsons, Cynthia) . (Entered: 04/11/2011)

April 11, 2011 PACER
75

Minute Order: The United States Court of Appeals for the Ninth Circuit has transferred this matter to this Court for a hearing on Petitioner's nationality claim pursuant to 8 U.S.C. ยง 1252(b)(5)(B). A telephonic scheduling conference is hereby set for April 20, 2011, at 10:00 a.m. MST (9:00a.m. AKDT) to discuss discovery, deadlines, and scheduling issues. Parties may appear telephonically by calling into the Meet-Me-Bridge at (907) 677-6246.IT IS HEREBY ORDERED. Entered at the direction of the Honorable Timothy M. Burgess, United States District Judge.(KMG) (Entered: 04/12/2011)

April 12, 2011 PACER
76

Minute Entry. Proceedings held before Judge Timothy M. Burgess: Scheduling Conference held on 4/20/2011. Court and counsel heard re Ninth Circuit Ruling, Planning and Scheduling Order and subsitute counsel for Plaintiff. Chambers to issue Planning and Scheduling Order. Court ordered parties to Meet and Confer re Planning Scheduling Order and file agreed upon schedule on or before May 13, 2011. (Recorded by COURTSMART.)(KMG) (Entered: 04/21/2011)

April 20, 2011 PACER
77

ORDER FROM CHAMBERS - Pursuant to Rules 16(b) and 26(f), Federal Rules of Civil Procedure, counsel for all parties must meet for purposes of jointly completing a scheduling and planning report. A copy of the form the parties are requested to use is attached and is available in WordPerfect format on the Alaska court's public website (under "Reference" tab and then "Forms" - Civil Rule 26(f)): http://www.akd.uscourts.gov. The parties shall file the completed Scheduling and Planning Report on or before May 13, 2011. (KMG) (Entered: 04/22/2011)

April 22, 2011 PACER
78

REPORT of Rule 26(f) Planning Meeting by Sazar Dent. (Traum, Anne) (Entered: 05/13/2011)

May 13, 2011 PACER
79

NOTICE re of Service of Respondent's Initial Disclosures by Eric Himpton Holder, Jr. (Parsons, Cynthia) (Entered: 05/27/2011)

May 27, 2011 PACER
80

NOTICE re Service of Initial Disclosures by Sazar Dent re 78 Report of Rule 26(f) Planning Meeting. (Traum, Anne) (Entered: 05/28/2011)

May 28, 2011 PACER
81

SCHEDULING AND PLANNING ORDER: Based upon information available to the court through a status report completed by the parties pursuant to Rules 16 and 2 (f), Federal Rules of Civil Procedure, and D.Ak. LR 16.1, and, if one was held, the scheduling and planning conference, this order for the pre-trial development of the case is entered pursuant to Rule 16(b), Federal Rules of Civil Procedure; Discovery due by 2/24/2012. Dispositive motions due by 3/23/2012. Signed by Judge Timothy M. Burgess on 7/13/2011. (NOTE: See Order for Complete Details) (KMG) (Entered: 07/14/2011)

July 14, 2011 PACER
82

AMENDED SCHEDULING AND PLANNING ORDER: Based upon information available to the court through a status report completed by the parties pursuant to Rules 16 and 26(f), Federal Rules of Civil Procedure, and, if one was held, the scheduling and planning conference, this order for the pre-trial development of the case is entered pursuant to Rule 16(b), Federal Rules of Civil Procedure; Discovery due by 2/24/2012. Dispositive motions due by 3/23/2012. Signed by Judge Timothy M. Burgess on 8/3/2011. (NOTE: See Order for Complete Details)(KMG) (Entered: 08/04/2011)

Aug. 4, 2011 PACER
83

NOTICE re Service of First Supplemental Disclosure Statement by Eric Himpton Holder, Jr. (Parsons, Cynthia) (Entered: 08/05/2011)

Aug. 5, 2011 PACER
85

NOTICE re of Service Re Petitioner's First Set of Discovery by Sazar Dent. (Selzer, Sarah) (Entered: 09/02/2011)

Sept. 2, 2011 PACER
84

MOTION to Substitute Attorney for Petitioner by Petitioner Sazar Dent. (Selzer, Sarah) Modified on 9/6/2011 to correct event. (KMG). (Entered: 09/02/2011)

Sept. 2, 2011 PACER
86

Minute Order: The Application for Substitution of Counsel at Docket 84 is approved. Ms. Traum is permitted to withdraw and Sarah Selzer and Cindy Villanueva of the firm Lewis and Roca are permitted to substitute as counsel of record for Plaintiff. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KMG) (Entered: 09/08/2011)

Sept. 8, 2011 PACER
88

MOTION to Withdraw as Attorney by Sazar Dent. (Traum, Anne) (Entered: 09/16/2011)

Sept. 16, 2011 PACER
87

NOTICE of Appearance by Katharine Elizabeth Clark on behalf of Eric Himpton Holder, Jr (Clark, Katharine) (Entered: 09/16/2011)

Sept. 16, 2011 PACER
91

NOTICE of Deposition of Sazar Dent, filed by Eric Himpton Holder, Jr. (Clark, Katharine) (Entered: 10/03/2011)

Oct. 3, 2011 PACER
90

NOTICE re Service of Responses to First Requests for Admission, First Requests for Production, and First Set of Interrogatories by Eric Himpton Holder, Jr . (Clark, Katharine) (Entered: 10/03/2011)

Oct. 3, 2011 PACER
89

NOTICE re Service of Second Supplemental Disclosures by Eric Himpton Holder, Jr . (Clark, Katharine) (Entered: 10/03/2011)

Oct. 3, 2011 PACER
92

NOTICE of Appearance by Russell J Verby on behalf of Eric Himpton Holder, Jr (Verby, Russell) (Entered: 10/14/2011)

Oct. 14, 2011 PACER
94

NOTICE re Service of Third Supplemental Disclosures by Eric Himpton Holder, Jr . (Clark, Katharine) (Entered: 10/21/2011)

Oct. 21, 2011 PACER
93

NOTICE re Service of Respondent's First Request for Admissions by Eric Himpton Holder, Jr . (Clark, Katharine) (Entered: 10/21/2011)

Oct. 21, 2011 PACER
95

TMB ORDER GRANTING 88 Motion to Withdraw as Attorney by Anne Traum. The Court permitted Ms. Traum to withdraw and substitute counsel in the order at Docket 86 where the Application for Substitution of Counsel at Docket 84 was approved. Ms. Traum is permitted to withdraw and Sarah Selzer and Cindy Villanueva of the firm Lewis and Roca are permitted to substitute as counsel of record for Plaintiff. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TMB) (Entered: 10/24/2011)

Oct. 24, 2011 PACER
96

NOTICE re Service of Petitioner's Second Set of Discovery by Sazar Dent . (Villanueva, Cindy) (Entered: 10/25/2011)

Oct. 25, 2011 PACER
97

NOTICE re Service of Petitioner's Response to Respondent's First Request for Production of Documents by Sazar Dent . (Selzer, Sarah) (Entered: 11/02/2011)

Nov. 2, 2011 PACER
98

STIPULATION Regarding Discovery by Eric Himpton Holder, Jr. (Clark, Katharine) (Entered: 11/07/2011)

Nov. 7, 2011 PACER
100

NOTICE re Service of Petitioner's Response to Respondent's First Request for Admissions by Sazar Dent . (Selzer, Sarah) (Entered: 11/18/2011)

Nov. 18, 2011 PACER
99

NOTICE re Service of Discovery Responses by Eric Himpton Holder, Jr . (Clark, Katharine) (Entered: 11/18/2011)

Nov. 18, 2011 PACER
101

NOTICE re Service of Fourth Supplemental Disclosures by Eric Himpton Holder, Jr . (Clark, Katharine) (Entered: 12/20/2011)

Dec. 20, 2011 PACER
103

Witness List by Eric Himpton Holder, Jr. (Clark, Katharine) (Entered: 01/17/2012)

Jan. 17, 2012 PACER
102

Witness List by Sazar Dent. (Selzer, Sarah) (Entered: 01/17/2012)

Jan. 17, 2012 PACER
105

TMB TEXT ORDER GRANTING 104 Joint MOTION for Extension of Time for Filing Dispositive Motions. IT IS HEREBY ORDERED that the deadline for filing dispositive motions is extended to May 22, 2012. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TMB) (Entered: 03/13/2012)

March 13, 2012 PACER
104

Joint MOTION for Extension of Time for Filing Dispositive Motions by Eric Himpton Holder, Jr. (Attachments: # 1 Text of Proposed Order)(Clark, Katharine) (Entered: 03/13/2012)

March 13, 2012 PACER
106

Joint MOTION for Extension of Time Dispositive Motions (Second Request) by Eric Himpton Holder, Jr. (Attachments: # 1 Text of Proposed Order)(Clark, Katharine) (Entered: 05/03/2012)

May 3, 2012 PACER
107

TMB TEXT ORDER GRANTING 106 Second Joint Motion for Extension of Time. The Court hereby grants the parties joint motion to extend the deadline for filingdispositive motions. Dispositive motions must be filed no later than July 23, 2012. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TMB) (Entered: 05/04/2012)

May 4, 2012 PACER
108

MOTION to Withdraw as Attorney of Record for Sazar Dent by Sazar Dent. (Villanueva, Cindy) (Entered: 06/20/2012)

June 20, 2012 PACER
109

Third MOTION for Extension of Time Dispositive Motions by Eric Himpton Holder, Jr. (Attachments: # 1 Text of Proposed Order)(Clark, Katharine) (Entered: 06/25/2012)

June 25, 2012 PACER
110

*MOTION for Ruling on Pending Motions re 109 Third MOTION for Extension of Time Dispositive Motions, and 108 MOTION to Withdraw as Attorney of Record for Sazar Dent by Respondent Eric Himpton Holder, Jr. (Clark, Katharine) *Modified to correct event and document relationship on 7/18/2012 (KMG). (Entered: 07/17/2012)

July 17, 2012 PACER
112

TMB TEXT ORDER GRANTING in part and DENYING in part 110 Motion for Ruling. IT IS HEREBY ORDERED that respondent shall file its Response to the Petitioner's Motion to Withdraw as Attorneys (Docket 108) by July 27, 2012 for the Court's consideration of this pending motion. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TMB) (Entered: 07/20/2012)

July 20, 2012 PACER
111

TMB TEXT ORDER GRANTING 109 Respondent's Motion for Extension of Time for Filing Dispositive Motions. IT IS HEREBY ORDERED that the deadline for filing dispositive motions is now September 21, 2012. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TMB) (Entered: 07/20/2012)

July 20, 2012 PACER
114

NOTICE of Attorney Substitution by Cindy Aracely Villanueva. (Villanueva, Cindy) (Entered: 07/23/2012)

July 23, 2012 PACER
113

RESPONSE in Opposition re 108 MOTION to Withdraw as Attorney of Record for Sazar Dent filed by Eric Himpton Holder, Jr. (Clark, Katharine) (Entered: 07/23/2012)

July 23, 2012 PACER
115

MOTION for Extension of Time to File Reply in Support of Motion to Withdraw and Request to Submit Documents In Camera (Unopposed) by Sazar Dent. (Attachments: # 1 Exhibit Privilege Log)(Villanueva, Cindy) (Entered: 07/30/2012)

July 30, 2012 PACER
116

TMB TEXT ORDER GRANTING 115 Motion for Extension of Time. IT IT HEREBY ORDERED that the petitioner's counsel may submit documents in camera by mailing to Chambers no later than August 10, 2012. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TMB) (Entered: 08/06/2012)

Aug. 6, 2012 PACER
117

REPLY to Response to Motion re 108 MOTION to Withdraw as Attorney of Record for Sazar Dent filed by Sazar Dent. (Villanueva, Cindy) (Entered: 08/10/2012)

Aug. 10, 2012 PACER
118

ORDER that the motion to withdraw (Docket No. 108 ) is granted and that Cindy Villanueva, and the law firm of Lewis and Roca LLP, are permitted to withdraw as counsel of record for the Petitioner Sazar Dent, and have no further responsibility in this matter. The record shall reflect that Petitioner's last known address and telephone number are as follows: Sazar Dent, 1901 Fenton Street, Columbus, OH 43224, (614) 384-1626. Signed by Judge Timothy M Burgess on 8/20/2012.(KMG) (Entered: 08/22/2012)

Aug. 22, 2012 PACER
119

MOTION for Summary Judgment as to nationality claim under 8 U.S.C. section 1252(b)(5), MOTION to Dismiss Counts/Claims : all claims EXCEPT nationality claim under 8 U.S.C. section 1252(b)(5) by Eric Himpton Holder, Jr. (Attachments: # 1 Statement of Facts, # 2 Exhibit Exhibits 1-13, # 3 Exhibit Exhibit 14, # 4 Exhibit Exhibit 15, part 1 of 2, # 5 Exhibit Exhibit 15, part 2 of 2, # 6 Exhibit Exhibits 16-33, # 7 Exhibit Exhibits 34-39, # 8 Text of Proposed Order)(Clark, Katharine) (Entered: 09/12/2012)

Sept. 12, 2012 PACER
120

MOTION for Extension of Time to Obtain Counsel by Sazar Dent. (KMG) (Entered: 10/12/2012)

Oct. 12, 2012 PACER
121

RESPONSE to Motion re 120 MOTION for Extension of Time to Obtain Counsel filed by Eric Himpton Holder, Jr. (Clark, Katharine) (Entered: 10/18/2012)

Oct. 18, 2012 PACER
122

Minute ORDER FROM CHAMBERS: On September 12, 2012, Defendants filed a motion for summary judgment 119, seeking to dismiss Plaintiff Sazar Dent's nationality claim under 8 U.S.C. ยง 1252(b)(5)(B). Dent did not file a timely response. But on October 12, 2012, he wrote a letter to the Court, noting that he is currently unrepresented by counsel, and requesting a 60-day extension of time to obtain counsel and respond to Defendants' motion. Dent also requested a stay of removal. Defendants do not oppose Dent's request for a 60-day extension, and the Court GRANTS Dent's request. Dent shall file his response to Defendants' motion for summary judgment by December 14, 2012. Defendants do oppose Dent's request for a stay of removal. As noted in Defendants' papers, there is no pending order of removal concerning Dent because the Ninth Circuit vacated the Board of Immigration Appeals' earlier decision concerning Dent. Dent's request for a stay of removal is therefore DENIED AS MOOT. (KMG) (Entered: 10/25/2012)

Oct. 25, 2012 PACER
123

TMB TEXT ORDER GRANTING 120 Motion for Extension of Time to Obtain Counsel. IT IS HEREBY ORDERED that this motion for an extension was granted in the order at Docket 122. Plaintiff was given 60 days to obtain counsel. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TMB) (Entered: 12/20/2012)

Dec. 20, 2012 PACER
124

ORDER FROM CHAMBERS - ORDER TO SHOW CAUSE, the Court ORDERS PLAINTIFF TO SHOW CAUSE why this action should not be dismissed for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). Plaintiff shall respond no later than Friday, January 18, 2013. Entered at the direction of the Honorable Timothy M. Burgess, United States District Judge.(KMG) (Entered: 01/02/2013)

Jan. 2, 2013 PACER
125

NOTICE of Change of Address by Katharine Elizabeth Clark. (Clark, Katharine) (Entered: 01/03/2013)

Jan. 3, 2013 PACER
126

Mail Returned as Undeliverable. Mail sent to Sazar Dent. Reason for return: Not Deliverable As Addressed. Document number 123. (KMG) (Entered: 01/08/2013)

Jan. 7, 2013 PACER
127

Mail Returned as Undeliverable. Mail sent to Sazar Dent. Reason for return: MLNA Not Deliverable As Addressed. Document number 123. (KMG) (Entered: 01/08/2013)

Jan. 8, 2013 PACER
128

Mail Returned as Undeliverable. Mail sent to Sazar Dent. Reason for return: MLNA Not Deliverable As Addressed. Document number 124. (BAH) (Entered: 01/14/2013)

Jan. 14, 2013 PACER
129

Mail Returned as Undeliverable. Mail sent to Sazar Dent. Reason for return: Attempted Not Known. Document number 124. (KMG) (Entered: 01/16/2013)

Jan. 16, 2013 PACER
133

NOTICE of Change of Address by Sara Jane Agne. (Agne, Sara) (Entered: 01/17/2013)

Jan. 17, 2013 PACER
132

NOTICE of Appearance by Sara Jane Agne on behalf of Sazar Dent. (Agne, Sara) (Entered: 01/17/2013)

Jan. 17, 2013 PACER
131

ORDER pursuant to General Order 09-08 granting 130 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 01/17/2013)

Jan. 17, 2013 PACER

PRO HAC VICE FEE PAID. $ 50, receipt number PHX130179 as to Holly E Cheong. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Jan. 17, 2013 PACER
130

MOTION for Admission Pro Hac Vice as to attorney Holly E Cheong on behalf of Sazar Dent. (BAS) (Entered: 01/17/2013)

Jan. 17, 2013 PACER
135

Second MOTION for Extension of Time Extension of Time To Respond to Motion for Summary Judgment and Motion to Dismiss by Sazar Dent. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Agne, Sara) (Entered: 01/18/2013)

Jan. 18, 2013 PACER
134

RESPONSE TO ORDER TO SHOW CAUSE re 124 Order to Show Cause, by Petitioner Sazar Dent. (Agne, Sara) (Entered: 01/18/2013)

Jan. 18, 2013 PACER
136

TMB TEXT ORDER GRANTING 135 Second Motion for Extension of Time as to 119 MOTION for Summary Judgment as to nationality claim under 8 U.S.C. section 1252(b)(5) MOTION to Dismiss Counts/Claims. IT IS ORDERED that the unopposed motion for extension of time to respond to motion for summary judgment and motion to dismiss is GRANTED. Plaintiff shall haveuntil May 15, 2013 to respond to Defendant's Motion for Summary Judgment. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TMB) (Entered: 01/22/2013)

Jan. 22, 2013 PACER
137

Mail Returned as Undeliverable. Mail sent to Sazar Dent. Reason for return: Attempted - Not Known/Unable to Forward. Document number 123. (BAH) (Entered: 01/23/2013)

Jan. 23, 2013 PACER
138

*Third MOTION for Extension of Time to File Response/Reply to Respond to Motion 119 for Summary Judgment and Motion to Dismiss by Sazar Dent. (Attachments: # 1 Text of Proposed Order)(Cheong, Holly) *Modified to correct event and create document relationship on 5/15/2013 (KMG). (Entered: 05/14/2013)

May 14, 2013 PACER
139

TMB TEXT ORDER GRANTING 138 Motion for Extension of Time to File Response & Reply re 119 MOTION for Summary Judgment as to nationality claim under 8 U.S.C. section 1252(b)(5) MOTION to Dismiss Counts/Claims. IT IS HEREBY ORDERED that the Response shall be due 5/29/13 and the Reply due 6/28/13. The Court will look with disfavor on any additional requests for continuances. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TMB) (Entered: 05/22/2013)

May 22, 2013 PACER
141

*RESPONSE to Statement of Facts re 119 in Support of Motion and STATEMENT of Additional Controverting Facts in Support of re 140 Response to Motion for Summary Judgment by Petitioner Sazar Dent. (Attachments: # 1 Exhibit Exhibits 40 to 56, # 2 Exhibit Exhibits 57 to 62)(Cheong, Holly) *Modified to include text and document relationship on 5/30/2013 (KMG). (Entered: 05/29/2013)

May 29, 2013 PACER
140

RESPONSE to Motion re 119 MOTION for Summary Judgment as to nationality claim under 8 U.S.C. section 1252(b)(5) MOTION to Dismiss Counts/Claims : all claims EXCEPT nationality claim under 8 U.S.C. section 1252(b)(5) filed by Sazar Dent. (Cheong, Holly) (Entered: 05/29/2013)

May 29, 2013 PACER
142

First MOTION for Extension of Time TO FILE REPLY TO PETITIONERS RESPONSE TO MOTION FOR SUMMARY JUDGMENT AND MOTION TO DISMISS by Eric Himpton Holder, Jr. (Attachments: # 1 Text of Proposed Order)(Clark, Katharine) (Entered: 05/31/2013)

May 31, 2013 PACER
143

TMB TEXT ORDER GRANTING 142 Unopposed Motion for Extension of Time. Pursuant to the parties agreement, IT IS ORDERED that Respondent's unopposed motion for an extension of time is GRANTED in part. Respondent shall have until July 29, 2013, to reply to Petitioner's response to 119 MOTION for Summary Judgment. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TMB) (Entered: 06/03/2013)

June 3, 2013 PACER
144

REPLY to Response to Motion re 119 MOTION for Summary Judgment as to nationality claim under 8 U.S.C. section 1252(b)(5) MOTION to Dismiss Counts/Claims : all claims EXCEPT nationality claim under 8 U.S.C. section 1252(b)(5) filed by Eric Himpton Holder, Jr. (Attachments: # 1 Exhibit Exhibits 63-66, # 2 response to Petitioner CSOF)(Clark, Katharine) (Entered: 07/29/2013)

July 29, 2013 PACER
145

MOTION to Withdraw as Attorney by Sazar Dent. (Attachments: # 1 Text of Proposed Order)(Cheong, Holly) (Entered: 09/06/2013)

Sept. 6, 2013 PACER
147

CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that pursuant to the Court's order filed September 30, 2013, judgment is entered in favor of Respondent and against Petitioner. Petitioner to take nothing, and this action is dismissed. (KMG) (Entered: 09/30/2013)

Sept. 30, 2013 PACER
146

ORDER GRANTING 119 Motion for Summary Judgment; GRANTING 119 Motion to Dismiss Counts/Claims. Signed by Judge Timothy M Burgess on 9/30/13.(TMB) (Entered: 09/30/2013)

Sept. 30, 2013 PACER
148

TMB TEXT ORDER 145 Motion to Withdraw as Attorney. Attorney Holly E Cheong is permitted to withdraw. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TMB) (Entered: 10/08/2013)

Oct. 8, 2013 PACER
149

NOTICE OF APPEAL to 9th Circuit Court of Appeals re: 147 Clerks Judgment, 146 Order by Sazar Dent. (KMG) (Entered: 10/29/2013)

Oct. 28, 2013 PACER
150

DOCUMENT REPLACED by Ninth Circuit with 151 - USCA Case Number re: 149 Notice of Appeal. Case number 13-17213, Ninth Circuit. (copies sent by the Ninth Circuit) (REW) (Entered: 10/31/2013)

Oct. 31, 2013 PACER
151

REPLACEMENT DOCUMENT for 150 Notice of USCA Case Number 149 Notice of Appeal. Case number 13-17213, Ninth Circuit. (copies sent by the Ninth Circuit) (REW) (Entered: 11/01/2013)

Nov. 1, 2013 PACER
153

MANDATE of USCA, vacating and remanding this matter for further proceedings, re: 13-17213 149 Notice of Appeal. (Attachments: # 1 Memorandum, # 2 NDA) (copies sent by the Ninth Circuit)(REW) (Entered: 08/27/2015)

Aug. 27, 2015 PACER
152

MINUTE ORDER: This case has been reassigned, by random lot to Judge Steven P Logan. Judge Timothy M Burgess no longer assigned to this case. All future filings shall reflect the following case number: CV 10-2673-PHX-SPL. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (REW) (Entered: 08/27/2015)

Aug. 27, 2015 PACER
154

ORDER: IT IS ORDERED that this case be reassigned, by lot, to another judge in the District of Arizona. IT IS FURTHER ORDERED that this matter has been reassigned by random lot to the Honorable G. Murray Snow, United States District Court Judge. All future pleadings and papers submitted for filing shall bear the following complete case number: CV-10-02673-PHX-GMS. Signed by Judge Steven P Logan on 08/31/2015. (REK) (Entered: 08/31/2015)

Aug. 31, 2015 PACER
155

ORDER - Status Conference set for 9/18/2015 at 09:45 AM in Courtroom 602, 401 West Washington Street, Phoenix, AZ 85003 before Judge G Murray Snow. IT IS FURTHER ORDERED directing the Clerk of Court to change the caption to reflect Loretta E. Lynch as the Respondent in all further proceedings. Signed by Judge G Murray Snow on 9/1/15. (LAD) (Entered: 09/01/2015)

Sept. 1, 2015 PACER
156

ORDER - Status Conference is reset IN TIME ONLY for 9/18/2015 at 9:00 AM in Courtroom 602, 401 West Washington Street, Phoenix, AZ 85003 before Judge G Murray Snow. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KFZ) (Entered: 09/03/2015)

Sept. 3, 2015 PACER
158

IT IS ORDERED granting 157 Respondent's Unopposed Motion for Telephonic Appearance. Counsel for Respondent shall call chambers (602) 322-7650 five minutes before the hearing is scheduled to begin. Ordered by Judge G. Murray Snow. (GMS, ag)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 09/08/2015)

Sept. 8, 2015 PACER
157

Consent MOTION Telephonic Appearance of Counsel at 9/18/15 Status Conference by Loretta E Lynch. (Attachments: # 1 Text of Proposed Order)(Clark, Katharine) (Entered: 09/08/2015)

Sept. 8, 2015 PACER

State / Territory: Arizona

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Dec. 14, 2010

Closing Date: April 1, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A Lawful Permanent Resident in immigration detention.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Attorney General of the United States, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA)

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Immigration/Border:

Constitutional rights

Deportation - criteria

Deportation - judicial review

Deportation - procedure

U.S. citizenship - acquiring