Polyane Dos Santos v. Loretta Lynch
Filing
UNPUBLISHED OPINION FILED. [15-60768 Affirmed in Part and Dismissed in Part for Lack of Jurisdiction 15-60770 Affirmed ] Judge: WED , Judge: EBC , Judge: GJC Mandate pull date is 12/07/2017 [15-60768, 15-60770]
Case: 15-60768
Document: 00514196329
Page: 1
Date Filed: 10/16/2017
United States Court of Appeals
FIFTH CIRCUIT
OFFICE OF THE CLERK
LYLE W. CAYCE
CLERK
TEL. 504-310-7700
600 S. MAESTRI PLACE
NEW ORLEANS, LA 70130
October 16, 2017
MEMORANDUM TO COUNSEL OR PARTIES LISTED BELOW
Regarding:
Fifth Circuit Statement on Petitions for Rehearing
or Rehearing En Banc
No. 15-60768
15-60770
Polyane Dos Santos v. Jefferson Sessions
Duarte v. Jefferson Sessions
USDC No. A200 022 852
USDC No. A202 004 494
--------------------------------------------------Enclosed is a copy of the court's decision. The court has entered
judgment under FED R. APP. P. 36. (However, the opinion may yet
contain typographical or printing errors which are subject to
correction.)
FED R. APP. P. 39 through 41, and 5TH Cir. R.s 35, 39, and 41 govern
costs, rehearings, and mandates. 5TH Cir. R.s 35 and 40 require
you to attach to your petition for panel rehearing or rehearing en
banc an unmarked copy of the court's opinion or order.
Please
read carefully the Internal Operating Procedures (IOP's) following
FED R. APP. P. 40 and 5TH CIR. R. 35 for a discussion of when a
rehearing may be appropriate, the legal standards applied and
sanctions which may be imposed if you make a nonmeritorious
petition for rehearing en banc.
Direct Criminal Appeals. 5TH CIR. R. 41 provides that a motion for
a stay of mandate under FED R. APP. P. 41 will not be granted simply
upon request. The petition must set forth good cause for a stay
or clearly demonstrate that a substantial question will be
presented to the Supreme Court. Otherwise, this court may deny
the motion and issue the mandate immediately.
Pro Se Cases.
If you were unsuccessful in the district court
and/or on appeal, and are considering filing a petition for
certiorari in the United States Supreme Court, you do not need to
file a motion for stay of mandate under FED R. APP. P. 41. The
issuance of the mandate does not affect the time, or your right,
to file with the Supreme Court.
Court Appointed Counsel. Court appointed counsel is responsible
for filing petition(s) for rehearing(s) (panel and/or en banc) and
writ(s) of certiorari to the U.S. Supreme Court, unless relieved
of your obligation by court order. If it is your intention to
file a motion to withdraw as counsel, you should notify your client
promptly, and advise them of the time limits for filing for
rehearing and certiorari.
Additionally, you MUST confirm that
Case: 15-60768
Document: 00514196329
Page: 2
Date Filed: 10/16/2017
this information was given to your client, within the body of your
motion to withdraw as counsel.
The judgment entered provides that petitioners pay to respondent
the costs on appeal.
Sincerely,
LYLE W. CAYCE, Clerk
By: _______________________
Joseph M. Armato, Deputy Clerk
Enclosure(s)
Office of Immigration Litigation
Mr. John Edward Willshire
Ms. Mona Maria Yousif
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