Case: Diouf v. Napolitano

Diouf v. Gonzales

Diouf v. Mukasey

Diouf v. Mukasey

U.S. Court of Appeals for the Ninth Circuit

Diouf v. Holder

U.S. Court of Appeals for the Ninth Circuit

ACLU

PETITION for Writ of Habeas Corpus by a Person In Federal Custody (28:2241) Case assigned to Judge Stephen V. Wilson and referred to Magistrate Judge Fernando M. Olguin.(Filing fee $ 5) , filed by petitioner Amadou Lamine Diouf.(rrey, ) (Entered: 11/30/2006)

NOTICE of Interested Parties filed by Petitioner Amadou Lamine Diouf. (rrey, ) (Entered: 11/30/2006)

NOTICE OF MOTION AND MOTION for Preliminary Injunction filed by petitioner Amadou Lamine Diouf. Lodged proposed order. (rrey, ) (Entered: 11/30/2006)

MEMORANDUM OF POINTS AND AUTHORITIES in Support of MOTION for Preliminary Injunction 3 filed by petitioner Amadou Lamine Diouf. (rrey, ) (Entered: 11/30/2006)

Motions No Longer Referred: MOTION for Preliminary Injunction 3 (vdr, ) (Entered: 12/07/2006)

ORDER TO REASSIGN CASE PURSUANT TO Section 5.4 of General Order 224 by Judge John F. Walter, Chair of the Case Management and Assignment Committee, all related Indefinite Detention cases are assigned to Judge Terry J. Hatter, Jr. The case number will now read as follows: CV 06−7452 TJH (FMO). The Related Group Control Case Number is: CV 06−7452 TJH (FMO).(rn, ) (Entered: 12/05/2006)

Judge Terry J. Hatter, Jr added. Judge Stephen V. Wilson no longer assigned to case. (rn, ) (Entered: 12/05/2006)

MINUTES held before Judge Terry J. Hatter Jr: Thew court haveing read and considered said motion hereby orders defendants to file any opposition to the above reference motion no later than 12/18/2006 and plaintiff−Petitioner to file a reply if any to the opposition no later than 12/26/2006. Court Reporter: Not Reported. (yc, ) (Entered: 12/12/2006)

PROOF OF SERVICE filed by petitioner Amadou Lamine Diouf, re MOTION for Preliminary Injunction 3 , Memorandum in Support of Motion 4 , Notice of Related Case(s) 5 , Certificate of Interested Parties 2 , was served on 11/27/2006. (yc, ) (Entered: 12/21/2006)

ORDER REQUIRING RETURN TO PETITION FOR WRIT OF HABEAS CORPUS by Judge Fernando M. Olguin, re Petition (2241) 1 . Respondent shall serve and file a Notice of Appearance no later than December 27, 2006. Respondent shall file a single Motion to Dismiss no later than thirty (30) days from the filing date of this Order. Respondent shall serve and file a Return to the Petition no later than February 12, 2007. Petitioner shall serve and file a Reply to the Return no later than April 13, 2007.(vdr, ) (Entered: 12/13/2006)

NOTICE of Appearance filed by Attorney Robert I Lester on behalf of Respondents.(vdr, ) (Entered: 12/19/2006)

EX PARTE APPLICATION for Order Directing Respondents to Comply With Court−Ordered Filing Deadlines filed by Petitioner Amadou Lamine Diouf.Lodged Proposed Order.(vdr, ) (Entered: 12/19/2006)

DECLARATION of Ahilan T. Arulanantham re EX PARTE APPLICATION for Order Directing Respondents to Comply With Court−Ordered Filing Deadlines 10 filed by Petitioner Amadou Lamine Diouf. (vdr, ) (Entered: 12/19/2006)

OPPOSITION to Diouf MOTION for a Preliminary Injunction 3 filed by respondents Alberto Gonzales, Michael Chertoff, Julie L Myers, Norma Bonales−Garibay, George Molinar, Stuart Cortez. (jp) (Entered: 01/13/2007)

MOTIONS EX PARTE APPLICATION for Order Directing Respondents to Comply With Court−Ordered Filing Deadlines 10 . REFERRED to District Judge Hatter. (vdr, ) (Entered: 12/19/2006)

OPPOSITION to Diouf EX PARTE APPLICATION filed on or about December 19, 2006 14 filed by respondents Alberto Gonzales, Michael Chertoff, Julie L Myers, Norma Bonales−Garibay, George Molinar, Stuart Cortez. (jp) (Entered: 01/13/2007)

ORDER by Judge Terry J. Hatter Jr, granting petitioner ex parte application for order directing respondents to comply with court oredered filin deadlines is DENIED.(yc, ) (Entered: 12/27/2006)

EX PARTE APPLICATION for Leave to file supplemental opposition fo Dioufs motion for preliminary injunction; memorandum; declaration filed by defendants−respondents Alberto Gonzales, Michael Chertoff, Julie L Myers, Norma Bonales−Garibay, George Molinar, Stuart Cortez. Lodged order (lc, ) Modified on 12/28/2006 (lc, ). (Entered: 12/28/2006)

ORDER by Judge Terry J. Hatter Jr granting defendants EX PARTE APPLICATION for Leave to file supplemental opposition to Dioufs motion for preliminary injunction 14 (lc, ) (Entered: 12/28/2006)

SUPPLEMENTAL OPPOSITION to MOTION for Preliminary Injunction 3 filed by defendants Alberto Gonzales, Michael Chertoff, Julie L Myers, Norma Bonales−Garibay, George Molinar, Stuart Cortez. (lc, ) (Entered: 12/28/2006)

ORDER Granting motion for preliminary injunction by Judge Terry J. Hatter Jr,(bp, ) (Entered: 01/05/2007)

PETITIONER'S UNOPPOSED REQUEST to Enlarge Time Due to Health Issues filed by Petitioner Amadou Lamine Diouf.Lodged Proposed Order. (vdr, ) (Entered: 01/30/2007)

ORDER by Judge Terry J. Hatter Jr GRANTING REQUEST to Enlarge Time Due to Health Issues 21 . For the reasons set forth in Petitioner Motion to Enlarge time Due to Health Issues, the Court hereby EXTENDS the time during which the government must hold a hearing pursuant to this Order of January 5, 2007 granting Petitioner Motion for a Preliminary Injunction in this case. The government must hold the hearing as described in that order by no later than 2/9/2007. (jp) (Entered: 02/02/2007)

PETITIONER'S EX PARTE APPLICATION for Order Directing Immigration Court to Create Transcript of Petitioner's Hearing re Continued Detention; Memorandum of Points and Authorities; Declaration and Exhibit in Support Thereof filed by Petitioner Amadou Lamine Diouf.Lodged Proposed Order.(vdr, ) (Entered: 02/02/2007)

ORDER by Judge Terry J. Hatter Jr, re EX PARTE APPLICATION for Order for Directing Immigration Court to Create Transcript 23 is DENIED.(see file)(yc, ) (Entered: 02/06/2007)

OPPOSITION to EX PARTE APPLICATION for Order for Directing Immigration Court to Create Transcript 23 filed by defendant Stuart Cortez. (yc, ) (Entered: 02/12/2007)

UNOPPOSED EX PARTE APPLICATION FOR AN ORDER EXTENDING TIME to File Return to Petition for Writ of Habeas Corpus; Memorandum of Points and Authorities; Declaration filed by Respondents.Lodged Proposed Order.(vdr, ) (Entered: 02/14/2007)

ORDER by Judge Fernando M. Olguin, granting EX PARTE APPLICATION FOR ENLARGEMENT OF TIME to File 26 . Respondents' time to file a Return is extended to February 28, 2007. Petitioner shall file a Reply by March 30, 2007.(vdr, ) (Entered: 02/15/2007)

RETURN to Petition for Writ of Habeas Corpus (2241) 1 filed by Defendant−Respondents.(vdr, ) (Entered: 02/28/2007)

NOTICE OF APPEAL to 9th CCA filed by Defendants−Respondents Alberto Gonzales, Michael Chertoff, Julie L Myers, Norma Bonales−Garibay, George Molinar, Stuart Cortez. Appeal of Order 17 Filed On: 1/4/07; Entered On: 1/5/07; Appeal fee Waived. cc: Robert I. Lester, Assistant United States Attorney; Peter J. Eliasberg. (car, ) (Entered: 03/06/2007)

REPRESENTATION STATEMENT re Appeal to Circuit Court, 29 . (car, ) (Entered: 03/06/2007)

Civil Appeals Docketing Statement received from Defendant−Respondents Alberto Gonzales, Michael Chertoff, Julie L Myers, Norma Bonales−Garibay, George Molinar, Stuart Cortez forwarded to 9th CCA. RE: Appeal to Circuit Court, 29 (car, ) (Entered: 03/06/2007)

CERTIFICATE OF RECORD Transmitted to USCA re Appeal to Circuit Court, 29 filed by Alberto Gonzales, Norma Bonales−Garibay, Michael Chertoff, George Molinar, Julie L Myers, Stuart Cortez (car, ) (Entered: 03/06/2007)

NOTIFICATION by Circuit Court of Appellate Docket Number 07−55337, 9th CCA regarding Appeal to Circuit Court, 29 filed by Alberto Gonzales,, Norma Bonales−Garibay,, Michael Chertoff,, George Molinar,, Julie L Myers,, Stuart Cortez,. (car, ) (Entered: 03/22/2007)

NOTICE filed by petitioner Amadou Lamine Diouf that he has been released from immigration detention. (yc, ) (Entered: 03/31/2007)

TRAVERSE to Petition for Writ of Habeas Corpus (2241) 1 filed by Petitioner Amadou Lamine Diouf.(vdr, ) (Entered: 03/29/2007)

SUPPLEMENTAL MEMORANDUM of Points and Authorities in Support of Petition for Writ of Habeas Corpus (2241) 1 . Lodged Proposed Order.(vdr, ) (Entered: 05/18/2007)

SUPPLEMENTAL AUTHORITY IN SUPPORT OF PETITION FOR WRIT OF HABEAS CORPUS filed by Petitioner Amadou Lamine Diouf.(vdr) (Entered: 08/30/2007)

REQUEST for Decision filed by Petitioner Amadou Lamine Diouf.(vdr) (Entered: 09/28/2007)

ORDER by Judge Fernando M. Olguin. Counsel for the parties shall appear for oral argument on November 14, 2007 at 10:00 AM before Magistrate Judge Fernando M. Olguin. Petitioner's Request for Decision, filed on September 24, 2007, is denied without prejudice.(vdr) (Entered: 09/25/2007)

STIPULATION AND ORDER TO CONTINUE HEARING, approved by Judge Fernando M. Olguin. Oral Argument is reset to 12/5/2007 at 10:00 AM before Magistrate Judge Fernando M. Olguin. (vdr) (Entered: 11/16/2007)

MINUTES OF ORAL ARGUMENT held before Judge Fernando M. Olguin. No later than December 7, 2007, petitioner's counsel shall file a Supplemental Memorandum Re: New Authority. Court Smart: CS 12/5/07. (vdr) (Entered: 12/05/2007)

RECORD ON APPEAL sent to Circuit Court re: Appeal number, 07−55337; Record consists of 3 volumes; re Appeal to 9th Circuit Court of Appeals, 29 (lr) (Entered: 12/12/2007)

SUPPLEMENTAL MEMORANDUM REGARDING ADDITIONAL LEGAL AUTHORITY filed by Petitioner Amadou Lamine Diouf. (vdr) (Entered: 12/14/2007)

NOTICE OF ERRATUM filed by Petitioner Amadou Lamine Diouf, correcting Supplemental Memorandum 42 . (vdr) (Entered: 12/14/2007)

TRANSCRIPT filed for proceedings held on 12/05/07 Court Reporter: Exceptional Reporitng Services, Inc.. (ha) (Entered: 12/14/2007)

NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge Fernando M. Olguin. Objections to R&R due by 1/4/2008. (Attachments: # 1 Report and Recommendation) (vdr) (Entered: 12/19/2007)

REPORT AND RECOMMENDATION issued by Magistrate Judge Fernando M. Olguin Re: Petition for Writ of Habeas Corpus (2241) 1 . (vdr) (Entered: 12/19/2007)

First EXPARTE APPLICATION for Extension of Time to File Objection to R&R as to Report and Recommendation (Issued) 46 , Notice of Report and Recommendation 45 filed by Respondents Alberto Gonzales, Michael Chertoff, Julie L Myers, Norma Bonales−Garibay, Michael B Mukasey, George Molinar, Stuart Cortez. (Attachments: # 1 Declaration Declaration of Robert I. Lester# 2 Declaration Declaration of Gjon Juncaj# 3 Proposed Order Proposed order granting ex parte application)(Lester, Robert) (Entered: 01/04/2008)

NOTICE of Change of Attorney Information for attorney Peter Bibring counsel for Petitioner Amadou Lamine Diouf. Adding Peter Bibring as attorney as counsel of record for Amadou Lamine Diouf for the reason indicated in the G−06 Notice. Filed by Plaintiff−Petitioner Amadou Lamine Diouf (Bibring, Peter) (Entered: 01/04/2008)

ORDER by Judge Fernando M. Olguin, granting EX PARTE APPLICATION 47 for Extension of Time to File Objection to Report and Recommendation 46 . Respondents shall file their objections by January 14, 2008. (vdr) (Entered: 01/07/2008)

OBJECTION to Report and Recommendation (Issued) 46 filed by Respondents Michael Chertoff, Julie L Myers, Norma Bonales−Garibay, Michael B Mukasey, George Molinar, Stuart Cortez.(Lester, Robert) (Entered: 01/14/2008)

ORDER ADOPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge Terry J. Hatter, Jr. IT IS ORDERED THAT: Judgment shall be entered granting the Petition and ordering petitioner released on the conditions already imposed by the immigration Judge's Order dated February 9, 2007. The Clerk shall serve copies of this Order and the Judgment herein on the parties. (mr) .

JUDGMENT by Judge Terry J. Hatter Jr, Related to: R&R Adopting Report and Recommendations, 52 . IT IS ADJUDGED that the Petition is granted and petitioner shall be released on the conditions already imposed by the Immigration Judge's Order dated February 9, 2007.(MD JS-6, Case Terminated). (mr)

NOTICE OF APPEAL to the 9th CCA filed by RespondentsMichael Chertoff, Julie L Myers, Norma Bonales−Garibay, Michael B Mukasey, George Molinar, Stuart Cortez. FEE WAIVED. (Attachments: # 1 Exhibit Order and Adopted Report & Recommendation# 2 Exhibit Judgment# 3 Exhibit Representation Statement)(Juncaj, Gjon) (Entered: 03/21/2008)

NOTICE OF APPEAL NOTIFICATION form issued regarding Notice of Appeal to 9th Circuit Court of Appeals, 54 as to Respondents Michael Chertoff, Julie L Myers, Norma Bonales−Garibay, Michael B Mukasey, George Molinar, Stuart Cortez. (lr) (Entered: 03/21/2008)

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals; re: Notice of Appeal to 9th Circuit Court of Appeals, 54 (lr) (Entered: 03/21/2008)

NOTICE of Change of Address by Ahilan T Arulanantham attorney for Petitioner Amadou Lamine Diouf, changing address to 1313 West Eighth Street, Los Angeles, CA 90017. Filed by counsel of record Ahilan T. Arulanantham (Arulanantham, Ahilan) (Entered: 04/09/2008)

APPEAL RECORD RETURNED from 9th CCA Received: Volume(s): 1 throuugh 3; RE: Appeal Record Sent to USCA (A−26) 41 (car) (Entered: 10/02/2008)

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, 29 filed by George Molinar, Michael Chertoff, Norma Bonales−Garibay, Alberto Gonzales, Stuart Cortez, Julie L Myers, Notice of Appeal to 9th Circuit Court of Appeals, 54 filed by George Molinar, Michael Chertoff, Norma Bonales−Garibay, Michael B Mukasey, Stuart Cortez, Julie L Myers, CCA # 07−55337, 08−55504. Petitioner − Appellee's motion to extend time to file a petition for panel rehearing until December 3, 2008 is GRANTED. Order received in this district on 11/13/08. (lr) (Entered: 11/14/2008)

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, 29 filed by George Molinar, Michael Chertoff, Norma Bonales−Garibay, Alberto Gonzales, Stuart Cortez, Julie L Myers, Notice of Appeal to 9th Circuit Court of Appeals, 54 filed by George Molinar, Michael Chertoff, Norma Bonales−Garibay, Michael B Mukasey, Stuart Cortez, Julie L Myers, CCA # 07−55337, 08−55504. Respondents − Appellants are directed to file a response to Petitioner − Appellee's Petition for Rehearing En Banc, filed with this court on December 3, 2008. The response shall not exceed 15 pages, shall be filed within 21 days of the date of this order, and Respondent − Appellants shall provide this court with 50 copies of any such response. Order received in this district on 12/24/08. (lr) (Entered: 12/30/2008)

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, 29 filed by George Molinar, Michael Chertoff, Norma Bonales−Garibay, Alberto Gonzales, Stuart Cortez, Julie L Myers, Notice of Appeal to 9th Circuit Court of Appeals, 54 filed by George Molinar, Michael Chertoff, Norma Bonales−Garibay, Michael B Mukasey, Stuart Cortez, Julie L Myers, CCA # 07−55337, 08−55507. The panel has unanimously voted to deny Petitioner−Appellee's petition for rehearing. Judge Fisher and M. Smith have voted to deny Petitioner−Appellee's petition for rehearing en banc, and Judge Farris has so recommended. The full court has been advised of the petition for rehearing en banc and no judge of the court has requested a vote on it. Fed. R. App. P. 35. The petition for rehearing and rehearing en banc is DENIED. Order received in this district on 4/27/09. (lr) (Entered: 04/29/2009)

MANDATE of 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, 54 , Notice of Appeal to 9th Circuit Court of Appeals, 29 CCA # 08−55504, 07−55337. The Decision of the District Court is REVERSED in part; VACATED and REMANDED in part. Mandate received in this district on 5/06/09. (lr) Modified on 9/23/2010 (lr). (Entered: 05/06/2009)

JUDGMENT by Judge Terry J. Hatter, Jr,. Pursuant to the Opinion and Judgment of the Ninth Circuit Court of Appeals, entered on September 18, 2008, and the Mandate 61 issued on May 6, 2009, IT IS ADJUDGED THAT the Petition for Writ of Habeas Corpus is denied. (mr)

MINUTES OF IN CHAMBERS−ORDER AND NOTICE TO ALL PARTIES (NON−MOTION) by Judge Terry J. Hatter, Jr. Counsel are hereby notified that the above matter is set the court's calendar for a Status Conference re the Mandate of the 9th CCA, Appeal No. 08−55504 and Appeal No. 07−55337 61 , reversed in part; vacated and remanded in part, set for July 6, 2009 at 10:00 a.m. (Case reopened. MD JS− 5.) (lom) (Entered: 05/26/2009)

MINUTES OF Status Conference re Mandate of the 9th Circuit Court of Appeals, Appeal No. 08−55504 and Appeal No. 07−55337, reversed in part, vacated and remanded in part hearing held before Judge Terry J. Hatter, Jr. Based upon the statements made today on the record, the court hereby sets the following deadlines: Briefing schedule is due August 3, 2009; Replies no later than August 10, 2009; and Further Status Conference September 14, 2009 at 10:00 a.m. Court Recorder: CS 7/6/09. (lom) (Entered: 07/06/2009)

NOTICE of Appearance filed by attorney Nicole Prairie on behalf of Respondents Michael Chertoff, Julie L Myers, Norma Bonales−Garibay, Michael B Mukasey, George Molinar, Stuart Cortez (Prairie, Nicole) (Entered: 07/31/2009)

BRIEF filed by Defendant−Respondents Alberto Gonzales, Michael Chertoff, Julie L Myers, Norma Bonales−Garibay, Michael B Mukasey, George Molinar, Stuart Cortez. (Attachments: # 1 Exhibit 1−32)(Prairie, Nicole) (Entered: 08/03/2009)

BRIEF filed by Plaintiff−Petitioner Amadou Lamine Diouf. Supplemental Brief on 8 U.S.C. 1231 (a)(6) (Arulanantham, Ahilan) (Entered: 08/03/2009)

REPLY filed by Respondents Michael Chertoff, Julie L Myers, Norma Bonales−Garibay, Michael B Mukasey, George Molinar, Stuart Cortez to Brief (non−motion non−appeal) 69 (Attachments: # 1 Supplement To Defendant−Respondents Appendix of Exhibits (Exs. 33−34), # 2 Certificate of Service)(Juncaj, Gjon) (Entered: 08/10/2009)

BRIEF filed by Plaintiff−Petitioner Amadou Lamine Diouf. Petitioner's Response to Defendant−Respondents' Opening Brief on Remand regarding Brief (non−motion non−appeal) 68 , Reply (non−motion), Reply (non−motion) 70 . (Attachments: # 1 Exhibit Exhibits 17 − 19)(Arulanantham, Ahilan) (Entered: 08/10/2009)

NOTICE of Appearance filed by attorney Gjon Juncaj on behalf of Respondents Michael Chertoff, Julie L Myers, Norma Bonales−Garibay, Michael B Mukasey, George Molinar, Stuart Cortez (Juncaj, Gjon) (Entered: 08/13/2009)

MINUTES OF IN CHAMBERS − NOTICE TO ALL PARTIES OF COURT ORDER bt Judge Terry J. Hatter, Jr. On the Court's own motion, the Status Conference hearing date, re Mandate of the 9th Circuit, currently scheduled for September 14, 2009, is hereby ordered continued to September 28, 2009 at 10:00 a.m. (lom) (Entered: 09/09/2009)

NOTICE OF MOTION AND MOTION for Reconsideration re Order, Terminated Case 74 Court's Order Regarding 8 U.S.C. Section 1231 (a)(6) filed by Plaintiff−Petitioner Amadou Lamine Diouf. (Arulanantham, Ahilan) (Entered: 09/23/2009)

NOTICE OF MOTION AND MOTION for Reconsideration re Order, Terminated Case 74 Court's Order Regarding 8 U.S.C. Section 1231 (a)(6) filed by Plaintiff−Petitioner Amadou Lamine Diouf. (Attachments: # 1 Proposed Order)(Arulanantham, Ahilan) (Entered: 09/23/2009)

MINUTES OF IN CHAMBERS − ORDER AND NOTICE TO ALL PARTIES (NON−MOTION) by Judge Terry J. Hatter, Jr. Counsel are hereby notified that a Status Conference hearing re the Mandate of the Ninth Circuit Court of Appeals, Appeal No. 08−55504 and Appeal No. 07−5533, reversed in part; vacated and remanded in part, now has been set for October 19, 2009 at 10:00 a.m., an appearance will be necessary. (lom) (Entered: 09/30/2009)

OPPOSITION opposition re: MOTION for Reconsideration re Order, Terminated Case 74 Court's Order Regarding 8 U.S.C. Section 1231 (a)(6) MOTION for Reconsideration re Order, Terminated Case 74 Court's Order Regarding 8 U.S.C. Section 1231 (a)(6) 76 , MOTION for Reconsideration re Order, Terminated Case 74 Court's Order Regarding 8 U.S.C. Section 1231 (a)(6) 75 filed by Respondents Michael Chertoff, Julie L Myers, Norma Bonales−Garibay, Michael B Mukasey, George Molinar, Stuart Cortez. (Juncaj, Gjon) (Entered: 10/02/2009)

REPLY in support of MOTION for Reconsideration re Order, Terminated Case 74 Court's Order Regarding 8 U.S.C. Section 1231 (a)(6) MOTION for Reconsideration re Order, Terminated Case 74 Court's Order Regarding 8 U.S.C. Section 1231 (a)(6) 76 , MOTION for Reconsideration re Order, Terminated Case 74 Court's Order Regarding 8 U.S.C. Section 1231 (a)(6) 75 filed by Petitioner Amadou Lamine Diouf. (Arulanantham, Ahilan) (Entered: 10/09/2009)

ORDER by Judge Terry J. Hatter, Jr denying 75 , 76 Motion for Reconsideration. The Court has considered Petitioner's motion for reconsideration of the Court's order denying his request for a preliminary injunction, together with the moving and opposing papers. It is Ordered that the motion be, and hereby is, Denied. (lom) (Entered: 10/19/2009)

MINUTES OF STATUS CONFERENCE re Mandate of the 9th Circuit Court of Appeal, Appeal No. 08−55504 and Appeal No. 07−55337, reversed in part, vacated and remanded held before Judge Terry J. Hatter, Jr. Based upon the statements made today on the record, the court hereby DENIES the Plaintiff's motion for reconsideration of the court's order denying the request for preliminary injunction, 75 , 76 . Court Recorder: CS 10/19/09. (lom) (Entered: 10/20/2009)

NOTICE OF APPEAL to the Federal Circuit filed by Plaintiff−Petitioner Amadou Lamine Diouf. (Attachments: # 1 Representation Statement, # 2 Order, # 3 Civil Appeals Docketing Statement)(Arulanantham, Ahilan) (Entered: 11/09/2009)

Civil Appeals Docketing Statement received from Plaintiff−Petitioner Amadou Lamine Diouf forwarded to 9th CCA. RE: Notice of Appeal to Federal Circuit Court of Appeals 82 (Arulanantham, Ahilan) (Entered: 11/09/2009)

APPEAL FEE PAID: re Notice of Appeal to 9th Circuit Court of Appeals 85 as to Petitioner Amadou Lamine Diouf; Receipt Number: 126001, Paid in the amount of $455. (lr) (Entered: 11/12/2009)

NOTICE OF ERRATA filed by Petitioner Amadou Lamine Diouf. correcting Notice of Appeal to Federal Circuit Court of Appeals 82 (Arulanantham, Ahilan) (Entered: 11/10/2009)

NOTICE OF APPEAL to the 9th CCA filed by Plaintiff−Petitioner Amadou Lamine Diouf. (Attachments: # 1 Representation Statement, # 2 Order, # 3 Civil Docketing Statement)(Arulanantham, Ahilan) (Entered: 11/10/2009)

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 85 filed by Amadou Lamine Diouf, CCA # 09−56774. Order received in this district on 2/12/10. This is a preliminary injunction appeal. Appellees' unopposed second motion for enlargement of time to file the answering brief is granted. Answering brief is due February 19, 2010. Optional reply brief is due within 14 days after service of the answering brief. (cbr) (Entered: 02/16/2010)

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 85 filed by Amadou Lamine Diouf, CCA # 09−56774. A review of the briefing and the record indicates that this is not a preliminary injunction appeal. Briefing is completed. Order received in this district on 9/20/2010. (lr) (Entered: 09/23/2010)

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 85 filed by Amadou Lamine Diouf, CCA # 09−56774. The Secretary's motion to strike and all related filings shall be referred to the merits panel resolution. Order received in this district on 9/20/2010. (lr) (Entered: 09/23/2010)

RECORD ON APPEAL sent to Circuit Court re: Appeal number, 09−56774 Record consists of 3 volumes re Notice of Appeal to 9th Circuit Court of Appeals 85 (lr) (Entered: 08/30/2010)

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 85 filed by Amadou Lamine Diouf, CCA # 09−56774. This court's jurisdiction over this appeal is not clear. The issue presented is whether aliens subjected to prolonged detention under 8 U.S.C. 1231(a)(6) are entitled to an individualized bond hearing. Petitioner−Appellant Amadou Lamine Diouf, however, is no longer detained; nor has he been redetained and denied a bond hearing. These circumstances raise questions of both mootness and ripeness that we are required to raise sua sponte. See WMX Techs, Inc. v. Miller, 104 F.3d 1133, 1135 (9th Cir. 1977)(en banc)( Although the parties did not raise the question of our jurisdiction, we have raised it sua sponte, as we must.); see also Gator.com Corp. v. L.L. Bean, Inc. 398 F.3d 1125, 1128−29(9th Cir. 2005)(en banc)( For a case to fall within the parameters of our limited judicial power, it is not enough that there may have been a live controversy when the case was decided by court whose judgment we are reviewing. Rather, Article III requires that a live controversy persist throughout all stages of the litigation.)(internal quotation marks and citation omitted); Portman v. County of Santa Clara, 995 F.2d 898, 902 (9th Cir. 1993)[T]he ripeness doctrine seeks to separate matters that are premature for review because the injury is speculative and may never occur from those cases that are appropriate for federal court action. (quoting Chemerinksy, Federal Jurisdicton 99(1989)) (internal quotation marks omitted). The parties therefore are ordered to submit supplemental briefs addressing this court's jurisdiction. These supplemental briefs shall be no longer than 10 pages or 2,800 words and shall be submitted no later than 7 days after the entry of this order. Parties who are registered for ECF must file the supplemental brief electronically without submission of paper copies. Parties who are not registered ECF filers must file the original supplemental brief plus 15 paper copies. Order received in this district on 9/20/2010. (lr) (Entered: 09/23/2010)

TRANSCRIPT for proceedings held on 10/19/09; 11:10 AM. Court Reporter/Electronic Court Recorder: ECHO REPORTING, INC., phone number (858) 453−7590. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 10/13/2010. Redacted Transcript Deadline set for 10/23/2010. Release of Transcript Restriction set for 12/21/2010. (mw) (Entered: 09/22/2010)

NOTICE OF FILING TRANSCRIPT filed for proceedings 10/19/09: 11:10 AM (mw) (Entered: 09/22/2010)

TRANSCRIPT for proceedings held on 7/6/2009; 10:05 AM. Court Reporter/Electronic Court Recorder: ECHO REPORTING, INC., phone number (858) 453−7590. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Intent to Redact due within 7 days of this date. Redaction Request due 10/15/2010. Redacted Transcript Deadline set for 10/25/2010. Release of Transcript Restriction set for 12/23/2010. (mw) (Entered: 09/24/2010)

NOTICE OF FILING TRANSCRIPT filed for proceedings 7/6/2009; 10:05 AM (mw) (Entered: 09/24/2010)

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 85 filed by Amadou Lamine Diouf, CCA # 09−56774. Diouf's motion to file a substitute reply brief for the purpose of citing two government report addressing the Department of Homeland Security's compliance or noncompliance with post−order custody review regulations is construed as a motion to introduce new evidence not included in the district court record. We ordinarily do not consider evidence not presented to the district court. See United States v. $22,474.00 in U.S. Currency, 246 F. 3 1212, 1218(9th Cir. 2001). Diouf's motion, filed March 25, 2010, is therefore DENIED. A party may permissibly submit supplemental authorities to the court. See Fed. R. App. P. 28(j). Assuming Diouf can establish that these reports are offered as legal authorities rather than as new evidence their submission under Rule 28(j) would be permissible. Diouf's motion accordingly is denied without prejudice to whether the government reports could be resubmitted as supplemental authorities, a question upon which we express no opinion at this time. See Trans−Sterling, Inc. v. Bible, 804 F.2d 525, 528 (9th Cir. 1986)(Rule 28(j) permits a party to bring new authorities to the attention of the court; it is not designed to bring new evidence through the back door). National Immigrant Justice Center's December 28, 2009 motion to file an amicus brief is GRANTED. The clerk shall file the brief. Diouf's unopposed, March 25, 2010 motion to withdraw his March 9, 2010 motion to take judicial notice of Appendices I and II of the reply brief is GRANTED. The government's unopposed, March 15, 2010 motion to strike Appendices I and II from that reply brief is GRANTED. The government's March 31, 2010 motion to strike the new evidence offered in Diouf's March 25, 2010 motion to file a substitute reply brief is DENIED AS MOOT. Order received in this district on 4/14/2011. (lr) (Entered: 04/18/2011)

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 85 filed by Amadou Lamine Diouf, CCA # 09−56774. The supplemental brief submitted on September 27, 2010 is filed. Order received in this district on 4/14/2011. (lr) (Entered: 04/18/2011)

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 85 filed by Amadou Lamine Diouf, CCA # 09−56774. The Corrected Supplemental Brief Concerning Jusrisdiction lodged by Appellees on September 28, 2010(Dkt. 47), is accepted for filing. The clerk shall file the brief. The court will disregarded the brief submitted by Appellees on September 27, 2010(Dkt. 46). Order received in this district on 4/14/2011. (lr) (Entered: 04/18/2011)

MINUTES IN CHAMBERS−ORDER AND NOTICE TO ALL PARTIES by Judge Terry J. Hatter, Jr. Counsel are hereby notified that the above matter is set on the Court's calendar on April 4, 2011 at 10:00 a.m. for Status Conference re the March 7, 2011 Opinion of the 9th Circuit Court of Appeal, Appeal No. 09−56774, reversed and remanding the order re Petitioner's motion for preliminary injunction. (lom) (Entered: 03/21/2011)

MINUTES IN CHAMBERS−ORDER AND NOTICE TO ALL PARTIES by Judge Terry J. Hatter, Jr. Counsel are hereby notified that pursuant to the March 18, 2011 97 this case is hereby reopened. (Case reopened. MD JS−5.) (lom) (Entered: 03/25/2011)

NOTICE of Change of Attorney Information for attorney Peter Bibring counsel for Petitioner Amadou Lamine Diouf.Peter Bibring is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G−06 Notice. Filed by Plaintiff Amadou Diouf (Bibring, Peter) (Entered: 03/25/2011)