Ernesto Adolfo Recinos De Leon v. Alberto Gonzales, Attorney General

Good Law
400 F.3d 821·2005 WL 564049
United States Court of Appeals for the Ninth CircuitMarch 11, 200502-73352California445 words

Opinion

Opinion

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 prepared'administrative record, this date was moved to June'11, 2003. Respondent moved again to delay filing of the administrative 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 respondent’s motion to stay proceedings until October 7, 2003, pending Falcon Carriche v. Ashcroft, 350 F.3d 845 (9th Cir.2003). On October 7, the Attorney General again moved for an extension of the date for filing his brief, which he received, with an admonition that further extensions were disfavored. The brief was then due November 6, 2003. On November 5, respondent moved for, and received, a further extension until December 8, 2003. Respondent now represents that he sought a further extension of time in January 2004, but such a motion was never received, and in any event would have been untimely. Respondent’s thorough brief…

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