IN THE SUPREME COURT OF THE UNITED STATES
VIRGINIA STATE BAR DISCIPLINARY BOARD,
Application for an Extension of Time Within Which
To file a Petition for A Writ of Certiorari to the Supreme Court of the Commonwealth of Virginia
APPLICATION TO THE HONORABLE CHIEF JUSTICE JOHN ROBERTS JR. AS CIRCUIT JUSTICE FOR THE FOURTH CIRCUIT
APPLICATION FOR AN EXTENSION OF TIME
Under Rule 13.5 of the Rules of this Court, Petitioner Isidoro Rodriguez (“Rodriguez”) requests that the time for a petition for writ of certiorari be extended for 61 days to and including July 31, 2020. The Supreme Court of Virginia issued itsorder on March 2, 2020 (see App. A-3, infra). Rodriguez’s petition, therefore, would be due on Sunday, May 31, 2020 (per S.Ct. Rule 30.1 by June 1, 2020) absent an extension. Rodriguez is filing this application at least ten days before that date.
The Court has jurisdiction over the unpublished order of the Supreme Court of Virginia (“Sup Ct VA”):
first, under 28 U.S.C. § 1257(a) based on the systemic denial of access to an impartial court of unlawful official business conspiracy in violation of the Constitution of the Commonwealth of Virginia (“VA Const.”), the Void Ab Initio Order Doctrine, and the First, Fifth, Seventh and Fourteenth Amendment to the United States Constitution under the controlling precedent of both Christopher v. Harbury, 536 U.S. 403 (2002)and Marbury v. Madison, 1 Crunch 137, 140 (1803);
second, based on the Court’s supervisory authority under Article III to the U. S. Constitution and 28 U.S.C. § 2403(b) due to the demand for impartial “judicial inquiry” to investigate, declare and enforce the Void Ab Initio Order Doctrine and the VA Const., for, “liabilities as they[stood] on the present or past facts and under laws supposed already to exist” as evidenced by the retroactive enactment in 2017 of ex post facto legislation and 2019 of special legislation to give immunity, District of Columbia Court of Appeals v. Feldman, 460 U.S. 462, 476-482. (1983).
REASONS JUSTIFYING AN EXTENTION OF TIME
Rodriguez respectfully requests a 61-day extension of time within which to file a petition for a writ of certiorari seeking review of the decision of the Sup. Ct. VA, due to extraordinary circumstances created by the COVID-19 virus in both the Republic of Colombia and the Commonwealth of Virginia.
On February 21, 2019, an Amended Petition for a Writ of Mandamus and Prohibition was filed to order the Virginia State Bar Disciplinary Board (“VSBDB”) to either explain under what authority it is acting as a “court” or cease its violation of the Void Ab Initio Order Doctrine, Art. VI §§1, 5, & §7 Const. VA., VA Code § 54.1-3915 & § 54.1-3935 (in effect from 1950 until 2017), and VA Code §§ 18.2-499 & 500. Also, the Writ sought to enjoin: first, the violation of Art. XII § 1, Art. I § 9, Art. IV § 14, ¶3(18) VA Const. by the retroactive amendment in February 2017 of VA Code § 54.1-3935 (in effect 1950 to 2017) to ex post facto adopt the 1998 Sup. Ct. VA Rules; and, second, the violation of the Art. IV § 14, ¶3(18) VA Const. by the 2019 special legislation providing immunity to the VSBDB. The issues were raised in argument before Fairfax County Circuit Court, in the Petition for Appeal filed on August 21, 2019, and an argument to the Sup. Ct. VA Chief Justice et al. on February 21, 2020.
On February 24, 2020, Rodriguez flew to his office in the Republic of Colombia for a business trip, with a planned return to the United States on March 24, 2020.
On March 5, 2020, Rodriguez received Sup. Ct. VA order of March 2, 2020, and immediately sought to return to the United States.
On March 17, 2020, the President of the Republic of Colombia declared a state of emergency due to the COVID-19 virus, ordering a complete shutdown of all business and air travel to/from the Republic of Colombia until May 11, 2020.
Similar emergency measure due to the COVID-19 virus has been taken by the Governor of the Commonwealth of Virginia to last until June 30, 2020.
Although Rodriguez has made reservations to return to the United States on May 14, 2020, the flight is uncertain. Furthermore, all printing operations in both Colombia and Virginia are suspended, given the extraordinary circumstances making it impossible to either print/bind the Petition before May 31, 2020.
For the reasons described above, Rodriguez respectfully requests that this Court grant an extension of 61 days, up to and including July 31, 2020, within which to file a petition for a writ of certiorari in this case.
Dated: April 27, 2020 Respectfully Submitted,
Former Member of the Bar of This Court
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