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797 F.3d 758

Docket Nos. 13-56706, 13-56755.

Rodriguez v. Robbins

Ninth Circuit Court of Appeals

Decided Aug. 13, 2015.

Ninth Circuit Court of Appeals · decided 2015-08-13

2 counsel of record

Decided 2015-08-13

¶1Ahílan Thevanesan Arulanantham, Michael Kaufman, Peter Jay Eliasberg, ACLU Foundation of Southern California, Sean Ashley Commons, Esquire, Sidley Austin LLP, Steven Andrew Ellis, Goodwin Procter LLP, Los Angeles, CA, Judy *759Rabinovitz, Michael K.T. Tan, ACLU-American Civil Liberties Union Foundation, New York, N.Y., Jayashri Srikantiah, Mills Legal Clinic, Stanford, CA, Cecillia D. Wang, American Civil Liberties Union Foundation, San Francisco, CA, for Petitioners-Appellees.

¶2Theodore William Atkinson, Esquire, Trial, Gjon Juncaj, Senior Litigation Counsel, David J. Kline, Esquire, Director, Nicole Prairie, Trial, Erez Reuveni, Sarah Stevens Wilson, Hans Harris Chen, U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, Robert I. Lester, Assistant U.S., USLA-Office of the U.S. Attorney, Los Angeles, CA, for Respondents-Appellants.

¶3Before: WARDLAW and GOULD, Circuit Judges and HADDON,* District Judge.

¶5ORDER

¶6Counsel for Appellants/Cross-Appellees is ordered to show cause why sanctions should not be imposed for the improper oral argument before this Court on July 24, 2015, based on an L.A. Times news article, published July 21, 2015, three days before oral argument in this case, entitled “Suspect was fighting deportation,” the source for which is identified as “federal authorities” and which directly references and quotes from earlier proceedings in this case. Fed. RApp. P. 46(c); Circuit Rule 46-2(a); ABA Model Rules of Professional Conduct 3.5.

¶7Counsel shall also provide the Court and opposing counsel with copies of the transcripts of the bond hearings for Mr. Keane Dean, including both the preliminary and the Rodriguez hearings, as well as any other bond hearings that may have taken place in Mr. Dean’s immigration proceedings, to which counsel also improperly referred during the July 24, 2015 oral argument.

¶8Counsel shall have 28 days from the date of this order to respond by letter brief and to provide the transcripts.

¶9IT IS SO ORDERED.

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