Filed: Nov. 09, 2018
Latest Update: Nov. 09, 2018
Summary: ORDER MAX O. COGBURN, JR. , District Judge . THIS MATTE R is before the Court upon it's own motion. On December 8, 2016, the Court entered an Order holding this civil action in abeyance pending decisions by the United States Supreme Court in Lynch v. Dimaya , No. 15-1498, decided sub nom Sessions v. Dimaya , 138 S.Ct. 1204 (2018), and the Fourth Circuit Court of Appeals in United States v. Simms , No. 15-4640. (Doc. No. 124). The Order directed Respondent to file an answer, motion, o
Summary: ORDER MAX O. COGBURN, JR. , District Judge . THIS MATTE R is before the Court upon it's own motion. On December 8, 2016, the Court entered an Order holding this civil action in abeyance pending decisions by the United States Supreme Court in Lynch v. Dimaya , No. 15-1498, decided sub nom Sessions v. Dimaya , 138 S.Ct. 1204 (2018), and the Fourth Circuit Court of Appeals in United States v. Simms , No. 15-4640. (Doc. No. 124). The Order directed Respondent to file an answer, motion, or..
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ORDER
MAX O. COGBURN, JR., District Judge.
THIS MATTER is before the Court upon it's own motion.
On December 8, 2016, the Court entered an Order holding this civil action in abeyance pending decisions by the United States Supreme Court in Lynch v. Dimaya, No. 15-1498, decided sub nom Sessions v. Dimaya, 138 S.Ct. 1204 (2018), and the Fourth Circuit Court of Appeals in United States v. Simms, No. 15-4640. (Doc. No. 124). The Order directed Respondent to file an answer, motion, or other response to Petitioner's Supplemental Motion to Vacate (Doc. No. 119) within 60 days of entrance of the later of the two decisions.
The Supreme Court issued its opinion in Dimaya on April 17, 2018. On June 15, 2018, the Fourth Circuit granted Simms's Motion for Rehearing En Banc, and oral arguments were held on September 26, 2018. United States v. Simms, No. 15-4640 (4th Cir.), ECF Nos. 52, 83.
IT IS, THEREFORE, ORDERED that the Court's previous abeyance Order (Doc. No. 124) is modified to provide that Respondent shall have 60 days from the date the Simms, No. 15-4640, decision becomes final after en banc review to file an answer, motion, or other response to Petitioner's Supplemental Motion to Vacate (Doc. No. 119).
SO ORDERED.
