Whether a state court can terminate parental rights based on historical substance abuse, domestic violence, and mental health concerns without providing a meaningful opportunity for rehabilitation

No question identified. : APPLICATION FOR AN EXTENSION OF TIME Pursuant to Rule 13.5 of the Rules of this Court, Applicant E.R., the father, hereby requests a 30-day extension of time, up to and including March 13, 2024, within which to file a petition for a writ of certiorari. JUDGMENT FOR WHICH REVIEW IS SOUGHT The judgment for which review is sought is E.R. v. People in the interest of children, No. 2020CA1524 (August 24, 2023) (attached as Exhibit 1). The Colorado Supreme Court denied Applicant’s petition for a writ of certiorari on November 14, 2023 (attached as Exhibit 2). JURISDICTION This Court will have jurisdiction over any timely filed petition for certiorari in this case pursuant to 28 U.S. C. § 1257(a). Under Rules 13.1, 13.3, and 30.1 of the Rules of this Court, a petition for a writ of certiorari is due to be filed on or before February 12, 2024. In accordance with Rule 13.5, this application is being filed 10 days in advance of the filing date for the petition for a writ of certiorari. REASONS JUSTIFYING AN EXTENSION OF TIME Applicant respectfully requests a 30-day extension of time (until March 13, 2024) within which to file a petition for a writ of certiorari seeking review of the decision of the Colorado Court of Appeals in this case. 1. The extension of time is necessary because of the press of other client business. Since the denial of the petition for writ of certiorari by the Colorado Supreme Court on November 14, 2023, the undersigned counsel has, among other things, been responsible for oral arguments in Anzalone v. Board of Trustees, Case No. 2022CA002181 (COA, held Jan. 23, 2024); preparing to serve as a hearing officer in a disciplinary matter before the Office of the Presiding Disciplinary Judge of the Colorado Supreme Court (hearing held Jan. 24, 2024); and drafting a reply brief in Ngo v. Azar, Case No. 2023CA659 (COA, due February 15, 2025), a notice of appeal in Pellouchoud v. The People of Colorado (COA, filed Jan 27, 2024); a reply brief in United States v. Crespin, Case No. 23-2111 (10th Cir., due March 12, 2023). 2. A 30-day extension for the Applicant would allow the undersigned counsel the time necessary to effectively contribute to all open matters, including Applicant’s petition. CONCLUSION For the foregoing reasons, Applicant respectfully requests that this Court grant an extension of 30 days, up to and including March 13, 2024, within which to file a petition for a writ of certiorari in this case. Respectfully submitted, /s/ Katayoun A. Donnelly Katayoun A. Donnelly Member of the Tenth Circuit’s CJA Appellate Panel Azizpour Donnelly LLC 2373 Central Park Blvd., Suite 100 (720) 675-8584 CERTIFICATE OF SERVICE The undersigned hereby certifies that on the 30" day of January 2024, a true and correct copy of the foregoing was filed with the Court and served electronically on the following: Jordan Lewis 14980 E. Alameda Drive, Aurora CO 80012 Email Jeffrey C. Koy Address: Koy Dingboom Oates, LLC P.O. Box 4191 Englewood, CO 80155 Email: jkoy@KDO-law.com /s/ Katayoun A. Donnelly Katayoun A. Donnelly Exhibit 1 20CA1524 Peo in Interest of SM 08-24-2023 COLORADO COURT OF APPEALS DATE FILED: August 24, 2023 CASE NUMBER: 2020CA1524 Court of Appeals No. 20CA1524 Arapahoe County District Court No. 19JV563 Honorable Kenneth M. Plotz, Judge, Honorable Natalie T. Chase, Judge The People of the State of Colorado, Appellee, In the Interest of S.M. and E.M., Children, and Concerning E.R., Appellant. JUDGMENT AND ORDER AFFIRMED Division II Opinion by JUDGE FREYRE Furman and Martinez*, JJ., concur NOT PUBLISHED PURSUANT TO C.A.R. 35(e) Announced August 24, 2023 Ronald Carl, County Attorney, Jordan Lewis, Assistant County Attorney, Aurora, Colorado, for Appellee Jeffrey C. Koy, Jordan Oates, Lauren Dingboom, Guardians Ad Litem Katayoun A. Donnelly, Office of Respondent Parents’ Counsel, Denver, Colorado, for Appellant *Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI,