Jose Crespin v. Mary Evans
Court Docket Sheet

4th Circuit Court of Appeals

2017-06835 (ca4)

COURT ORDER filed [1000246810] Granting motion to dismiss appeal [{{45}}]; terminating Motion/relief to vacate [48] Copies to all parties. [17-6835] RE [Entered: 02/23/2018 12:52 PM]

Appeal: 17-6835 Doc: 48 Filed: 02/23/2018 Pg: 1 of 2 FILED: February 23, 2018 UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT ___________________ No. 17-6835 (1:17-cv-00140-TSE-JFA) ___________________ JOSE AYALA CRESPIN Petitioner - Appellant v. MARY YVONNE EVANS, Field Office Director, U.S. Immigration and Customs Enforcement Respondent - Appellee ------------------------------ AMERICAN IMMIGRATION COUNCIL; AMERICAN IMMIGRATION LAWYERS ASSOCIATION Amici Supporting Appellant ___________________ ORDER ___________________ Upon consideration of the submissions relative to the motion to vacate, which the court construes as a motion to dismiss the appeal, the court grants the Appeal: 17-6835 Doc: 48 Filed: 02/23/2018 Pg: 2 of 2 motion and dismisses the appeal as moot. Entered at the direction of the panel: Judge Niemeyer, Judge Traxler, and Judge Wynn For the Court /s/ Patricia S. Connor, Clerk

JUDGMENT ORDER filed. Disposition method:. ORDER. Decision: Dismissed. Originating case number: 1:17-cv-00140-TSE-JFA. Entered on Docket Date: 02/23/2018. [1000246820] Copies to all parties and the district court/agency. [17-6835] RE [Entered: 02/23/2018 01:01 PM]

Appeal: 17-6835 Doc: 49-1 Filed: 02/23/2018 Pg: 1 of 2 Total Pages:(1 of 3) FILED: February 23, 2018 UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 17-6835, Jose Crespin v. Mary Evans 1:17-cv-00140-TSE-JFA ________________________ NOTICE OF JUDGMENT ________________________ Judgment was entered on this date in accordance with Fed. R. App. P. 36. Please be advised of the following time periods: PETITION FOR WRIT OF CERTIORARI: To be timely, a petition for certiorari must be filed in the United States Supreme Court within 90 days of this court's entry of judgment. The time does not run from issuance of the mandate. If a petition for panel or en banc rehearing is timely filed, the time runs from denial of that petition. Review on writ of certiorari is not a matter of right, but of judicial discretion, and will be granted only for compelling reasons. (www.supremecourt.gov) VOUCHERS FOR PAYMENT OF APPOINTED OR ASSIGNED COUNSEL: Vouchers must be submitted within 60 days of entry of judgment or denial of rehearing, whichever is later. If counsel files a petition for certiorari, the 60-day period runs from filing the certiorari petition. (Loc. R. 46(d)). If payment is being made from CJA funds, counsel should submit the CJA 20 or CJA 30 Voucher through the CJA eVoucher system. In cases not covered by the Criminal Justice Act, counsel should submit the Assigned Counsel Voucher to the clerk's office for payment from the Attorney Admission Fund. An Assigned Counsel Voucher will be sent to counsel shortly after entry of judgment. Forms and instructions are also available on the court's web site, www.ca4.uscourts.gov, or from the clerk's office. BILL OF COSTS: A party to whom costs are allowable, who desires taxation of costs, shall file a Bill of Costs within 14 calendar days of entry of judgment. (FRAP 39, Loc. R. 39(b)). Appeal: 17-6835 Doc: 49-1 Filed: 02/23/2018 Pg: 2 of 2 Total Pages:(2 of 3) PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC: A petition for rehearing must be filed within 14 calendar days after entry of judgment, except that in civil cases in which the United States or its officer or agency is a party, the petition must be filed within 45 days after entry of judgment. A petition for rehearing en banc must be filed within the same time limits and in the same document as the petition for rehearing and must be clearly identified in the title. The only grounds for an extension of time to file a petition for rehearing are the death or serious illness of counsel or a family member (or of a party or family member in pro se cases) or an extraordinary circumstance wholly beyond the control of counsel or a party proceeding without counsel. Each case number to which the petition applies must be listed on the petition and included in the docket entry to identify the cases to which the petition applies. A timely filed petition for rehearing or petition for rehearing en banc stays the mandate and tolls the running of time for filing a petition for writ of certiorari. In consolidated criminal appeals, the filing of a petition for rehearing does not stay the mandate as to co-defendants not joining in the petition for rehearing. In consolidated civil appeals arising from the same civil action, the court's mandate will issue at the same time in all appeals. A petition for rehearing must contain an introduction stating that, in counsel's judgment, one or more of the following situations exist: (1) a material factual or legal matter was overlooked; (2) a change in the law occurred after submission of the case and was overlooked; (3) the opinion conflicts with a decision of the U.S. Supreme Court, this court, or another court of appeals, and the conflict was not addressed; or (4) the case involves one or more questions of exceptional importance. A petition for rehearing, with or without a petition for rehearing en banc, may not exceed 3900 words if prepared by computer and may not exceed 15 pages if handwritten or prepared on a typewriter. Copies are not required unless requested by the court. (FRAP 35 & 40, Loc. R. 40(c)). MANDATE: In original proceedings before this court, there is no mandate. Unless the court shortens or extends the time, in all other cases, the mandate issues 7 days after the expiration of the time for filing a petition for rehearing. A timely petition for rehearing, petition for rehearing en banc, or motion to stay the mandate will stay issuance of the mandate. If the petition or motion is denied, the mandate will issue 7 days later. A motion to stay the mandate will ordinarily be denied, unless the motion presents a substantial question or otherwise sets forth good or probable cause for a stay. (FRAP 41, Loc. R. 41). Appeal: 17-6835 Doc: 49-2 Filed: 02/23/2018 Pg: 1 of 1 Total Pages:(3 of 3) FILED: February 23, 2018 UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT ___________________ No. 17-6835 (1:17-cv-00140-TSE-JFA) ___________________ JOSE AYALA CRESPIN Petitioner - Appellant v. MARY YVONNE EVANS, Field Office Director, U.S. Immigration and Customs Enforcement Respondent - Appellee ------------------------------ AMERICAN IMMIGRATION COUNCIL; AMERICAN IMMIGRATION LAWYERS ASSOCIATION Amici Supporting Appellant ___________________ JUDGMENT ___________________ In accordance with the decision of this court, this appeal is dismissed. This judgment shall take effect upon issuance of this court's mandate in accordance with Fed. R. App. P. 41. /s/ PATRICIA S. CONNOR, CLERK

Mandate issued. Referencing: [{{49}}] Judgment Order, [{{48}}] court Order. Originating case number: 1:17-cv-00140-TSE-JFA. [17-6835] RE [Entered: 04/17/2018 07:06 AM]

Appeal: 17-6835 Doc: 50 Filed: 04/17/2018 Pg: 1 of 1 FILED: April 17, 2018 UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT ___________________ No. 17-6835 (1:17-cv-00140-TSE-JFA) ___________________ JOSE AYALA CRESPIN Petitioner - Appellant v. MARY YVONNE EVANS, Field Office Director, U.S. Immigration and Customs Enforcement Respondent - Appellee ------------------------------ AMERICAN IMMIGRATION COUNCIL; AMERICAN IMMIGRATION LAWYERS ASSOCIATION Amici Supporting Appellant ___________________ MANDATE ___________________ The judgment of this court, entered February 23, 2018, takes effect today. This constitutes the formal mandate of this court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. /s/Patricia S. Connor, Clerk

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Description
2
07/03/2017
IFP-APPLICATION to proceed in forma pauperis (FRAP 24)(court access only) by Jose Ayala Crespin. [17-6835]
3
07/03/2017
ORDER filed [1000111220] granting Motion to proceed in forma pauperis (FRAP 24) [2] Copies to all parties. [17-6835]
5
07/03/2017
BRIEFING ORDER filed. Opening Brief and Appendix due 08/14/2017. Response Brief due 09/11/2017 [17-6835]
12
07/11/2017
ORDER filed [1000115613] directing the clerk to issue a briefing order with the dates set forth by the parties. Copies to all parties. [17-6835]
13
07/11/2017
Amended BRIEFING ORDER filed. Opening Brief and Appendix due 07/21/2017. Response Brief due 08/25/2017 [17-6835]
15
07/14/2017
COURT ORDER filed [1000118803] denying Motion to accelerate case processing [10], scheduling oral argument. Argument Date or Session: the October, 2017 session of court, October 24-26, 2017. Copies to all parties. [17-6835]
21
07/21/2017
APPENDIX (PAPER) file-stamped, on behalf of Jose Ayala Crespin and Mary Yvonne Evans. Total number of volumes (including any sealed): 1. Total number of pages in all volumes: 148. Total number of sealed volumes: 0. Sufficient? Yes. CD/DVD/Other exhibit? No. Number of Copies: 1. Entered on Docket Date: 07/25/2017. Received by clerk date: 07/25/2017. [1000125039] [17-6835]
24
07/31/2017
ORDER filed [1000127698] granting Motion to file amicus curiae brief [22] Party added: American Immigration Council and AILA. Disclosure Statement filed (if corporate amicus)? Y. Appearance Form filed? Y. Copies to all parties. [17-6835]
28
08/11/2017
Additional copies of the OPENING BRIEF and JOINT APPENDIX received from Jose Ayala Crespin. [17-6835]
34
08/21/2017
Additional copies of the AMICUS BRIEF received from American Immigration Council and AILA. [17-6835]
48
02/23/2018
COURT ORDER filed [1000246810] Granting motion to dismiss appeal [45]; terminating Motion/relief to vacate [48] Copies to all parties. [17-6835] RE [Entered: 02/23/2018 12:52 PM]
49
02/23/2018
JUDGMENT ORDER filed. Disposition method:. ORDER. Decision: Dismissed. Originating case number: 1:17-cv-00140-TSE-JFA. Entered on Docket Date: 02/23/2018. [1000246820] Copies to all parties and the district court/agency. [17-6835] RE [Entered: 02/23/2018 01:01 PM]
50
04/17/2018
Mandate issued. Referencing: [49] Judgment Order, [48] court Order. Originating case number: 1:17-cv-00140-TSE-JFA. [17-6835] RE [Entered: 04/17/2018 07:06 AM]
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