Zepeda v. United States

Opinion

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA

9 Damien Miguel Zepeda, No. CV-17-01229-PHX-ROS (JFM)

10 Petitioner, ORDER

11 v.

12 United States of America,

13 Respondent. 14 15 Petitioner, who is represented by counsel, has previously sought to stay the 16 proceedings pending decisions by the Supreme Court in Sessions v. Dimaya, No. 15-1498, 17 and the Ninth Circuit in United States v. Begay, No. 14-10080 (Docs. 18, 22, 28.) Each 18 stay has been granted. (Docs. 19, 25, 30.) The parties now jointly move to extend the stay 19 pending the Ninth Circuit’s anticipated en banc decision on motion for rehearing in United 20 States v. Orona, 923 F.3d 1197 (9th Cir. 2019). (Doc. 34.) In a Report and 21 Recommendation, Magistrate Judge James F. Metcalf recommended granting this motion. 22 (Doc. 35.) 23 Whether a stay is warranted requires balancing “the competing interests which will 24 be affected by the granting or refusal to grant a stay,” Lockyer v. Mirant Corp., 398 F.3d 25 1098, 1109 (9th Cir. 2005), including “the possible damage which may result from the 26 granting of a stay, the hardship or inequity which a party may suffer in being required to 27 go forward, and the orderly course of justice measured in terms of the simplifying or 28 complicating of issues, proof, and questions of law which could be expected to result from 1|| astay.” CMAX, Inc. v. Hall, 300 F.2d 265, 268 (9th Cir. 1962). Here, neither party will 2|| be prejudiced if the case is stayed. Further, permitting a stay may simplify the issues in || this case and promote judicial economy. 4 Accordingly, 5 IT IS ORDERED the Report and Recommendation (Doc. 35) is ADOPTED IN || FULL. The Joint Motion to Stay (Doc. 34) is GRANTED. 7 IT IS FURTHER ORDERED the parties shall file a status report regarding the 8 || continuance of the stay: (1) within 30 days of the issuance of any decision on the Motion 9|| for Rehearing by the Ninth Circuit in United States v. Orona, 923 F.3d 1197 (9th Cir. 10}, 2019); and (2) in any event on or before March 16, 2020, and every three months || thereafter. 12 Dated this 20th day of September, 2019. 13 fo - 14 C . ES 15 Honorable Ros yn ©. Silver 16 Senior United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28

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