Recinos De Leon v. Gonzales

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ERNESTO ADOLFO RECINOS DE LEON, 

Petitioner, No. 02-73352 v.  Agency No.

A72-527-227

ALBERTO GONZALES,* Attorney General, ORDER Respondent.  Filed March 11, 2005

Before: Betty B. Fletcher, Edward Leavy, and Marsha S. Berzon, Circuit Judges.

ORDER

Respondent, Attorney General Alberto Gonzales, moves that we accept his brief more than three months late. The brief was originally due April 7, 2003. Due to the lack of a pre- pared administrative record, this date was moved to June 11, 2003. Respondent moved again to delay filing of the adminis- trative record. That motion was granted, making respondent’s brief due June 27, 2003. Petitioner’s opening brief was timely served on May 28, 2003.

Respondent timely moved for and received an extension to July 28, 2003. On July 10, 2003, this court granted respon- dent’s motion to stay proceedings until October 7, 2003, pending Falcon Carriche v. Ashcroft, 350 F.3d 845 (9th Cir.

*Alberto Gonzales is substituted for his predecessor, John Ashcroft, as Attorney General of the United…