Arangesan Suntharalinkam v. Alberto R. Gonzales, Attorney General

Order; Dissent by Judge KOZINSKI.

ORDER

Petitioner’s unopposed motion for leave to file 15,500 word supplemental brief is GRANTED.

dissenting.

In their joint motion to file supplemental briefing, the parties agreed to abide by Fed. R.App. P. 32, which, among other things, limits the length of briefs to 14,000 words. Fed. R.App. P. 32(a)(7)(B)(i). Petitioner now seeks leave to file an oversized brief because “[t]here are a number of issues involved in this case,” which pretty much describes most of our cases. Petitioner offers no other reason.

The case for extra pages is particularly weak here because petitioner has already filed a 24-page principal brief and a 9-page reply brief. Two amicus briefs have also been filed in support of petitioner, adding another 33 pages to his side of the argument. The government’s brief, which defends the same territory, came in at 12,242 words.

I find it vexing that petitioner did not file his motion in time so we could rule on it without disrupting the briefing schedule. Instead, he sent in a non-conforming brief the day after it was due, then waited three weeks to file the motion for leave to file the fat brief. Such tactics force us and opposing counsel to choose between consenting to the filing of a non-conforming brief and disrupting the briefing schedule. I don’t…

488 F.3d 1121 Arangesan SUNTHARALINKAM, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent. No. 04-70258. United States Court of Appeals, Ninth Circuit. May 18, 2007. Visuvanathan Rudrakumaran, New York, NY, for Petitioner. District Director, Office of the District Counsel, Department of Homeland Security, San Diego, CA, Ronald E. Lefevre, Chief Counsel, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, Francis W. Fraser, Genevieve Holm, U.S. Department of Justice, Civil Div./Office of Immigration Lit., Washington, DC, for Respondent. Before: MARY M. SCHROEDER, Chief Judge. 1 Order; Dissent by Judge KOZINSKI. ORDER 2 Petitioner's unopposed motion for leave to file 15,500 word supplemental brief is GRANTED. 3 KOZINSKI, Circuit Judge, dissenting. 4 In their joint motion to file supplemental briefing, the parties agreed to abide by Fed. R.App. P. 32, which, among other things, limits the length of briefs to 14,000 words. Fed. R.App. P. 32(a)(7)(B)(i). Petitioner now seeks leave to file an oversized brief because "[t]here are a number of issues involved in this case," which pretty much describes most of our cases. Petitioner offers no…