NIBBER v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES et al
| NISHIKA NIBBER |
| UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, CHAD WOLF, KENNETH T. CUCCINELLI and TRACY RENAUD |
| 1:2020cv03207 |
| November 6, 2020 |
| US District Court for the District of Columbia |
| Beryl A Howell |
| Administrative Procedure Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 702 |
| None |
Docket Report
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MINUTE ORDER (paperless) DIRECTING, upon consideration of the memoranda, declarations, and exhibits submitted in support of and opposition to the pending #11 #18 cross-motions for summary judgment, the parties to jointly submit, by January 15, 2021, a report advising the Court whether, as of February 26, 2021, by which date plaintiff's applications will have been pending for six months, supplemental briefing will be needed to address the impact of the close of the six-month window suggested by Congress for the adjudication of plaintiff's applications, see 8 U.S.C. 1571(b), on plaintiff's claims and, if so, proposing a schedule for supplemental briefing. Signed by Chief Judge Beryl A. Howell on January 4, 2021. (lcbah3)
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| Filing 27 STATUS REPORT by KENNETH T. CUCCINELLI, TRACY RENAUD, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, CHAD WOLF. (Attachments: #1 Declaration of Jennifer A. Roller)(Cirino, Paul) |
| Filing 26 MEMORANDUM OPINION regarding the plaintiff's #9 Motion for Preliminary Injunction. Signed by Chief Judge Beryl A. Howell on December 15, 2020. (lcbah3) |
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Filing 25
ORDER DENYING the plaintiff's #9 Motion for Preliminary Injunction. See Order for further details. Signed by Chief Judge Beryl A. Howell on December 15, 2020. (lcbah3)
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| Filing 24 REPLY to opposition to motion re #18 Cross MOTION for Summary Judgment (Resubmission-Duplicate Entry) filed by NISHIKA NIBBER. (Attachments: #1 Text of Proposed Order)(Kozar, Mika) |
| Set/Reset Deadlines: Defendants' status report due by 2:00 PM on 12/23/2020. (ztg) |
| Filing 23 REPLY to opposition to motion re #11 MOTION for Summary Judgment MOTION to Transfer Case (Duplicate Entry) filed by KENNETH T. CUCCINELLI, TRACY RENAUD, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, CHAD WOLF. (Attachments: #1 Response to Plaintiff's Statement of Facts, #2 Declaration of Brian J. Broderick, #3 Text of Proposed Order)(Cirino, Paul) |
| Filing 22 Memorandum in opposition to re #15 Cross MOTION for Summary Judgment (Duplicate Entry) filed by KENNETH T. CUCCINELLI, TRACY RENAUD, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, CHAD WOLF. (Attachments: #1 Response to Plaintiff's Statement of Facts, #2 Declaration of Brian J. Broderick, #3 Text of Proposed Order)(Cirino, Paul) |
| Filing 21 RESPONSE TO ORDER OF THE COURT re Order,,,, of December 9, 2020 filed by KENNETH T. CUCCINELLI, TRACY RENAUD, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, CHAD WOLF. (Cirino, Paul) |
| Filing 20 STATUS REPORT by NISHIKA NIBBER. (Attachments: #1 Affidavit Third Affidavit of Plaintiff, #2 Exhibit 1, Plaintiff's I-94 Travel History, #3 Exhibit 2, Plaintiff's USCIS Case Status Inquiries)(Kozar, Mika) |
| Set/Reset Deadlines: Response to Order of the Court due by 2:00 PM on 12/11/2020. (ztg) |
| Filing 19 STATUS REPORT Regarding Plaintiff's H-4 Application by KENNETH T. CUCCINELLI, TRACY RENAUD, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, CHAD WOLF. (Cirino, Paul) |
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MINUTE ORDER (paperless) DIRECTING the plaintiff to submit, by 2:00 PM on December 11, 2020, a report (1) advising the Court whether she has submitted biometric data to USCIS and, if not, describing the efforts she has made to schedule an appointment to submit biometric data at a USCIS Application Support Center; (2) clarifying what authority the Court has to waive the biometric data requirement for processing of H-4 extension applications and H-4 Employment Authorization Document ("EAD") renewal applications; and (3) if plaintiff identifies no such authority, explaining how, in the absence of such authority, the Court may grant the relief plaintiff requests in her #9 Motion for Preliminary Injunction and #18 Cross-Motion for Summary Judgment, both of which appear to be predicated on the assumption that plaintiffs H-4 extension application and EAD renewal application are complete. Signed by Chief Judge Beryl A. Howell on December 9, 2020. (lcbah3)
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MINUTE ORDER (paperless) DIRECTING defendants to submit, by 2:00 PM on December 11, 2020, a report (1) advising the Court whether waiver of the biometric data requirement for the processing of H-4 extension applications and H-4 Employment Authorization Document renewal applications is available; and (2) explaining, in light of the representation in defendants' #19 Status Report that "[USCIS's] Nebraska Service Center's processing time for EAD renewal applications is approximately 5.5 to 7.5 months," with "an average processing time of 6.5 months," id. at 2, and the regulatory restriction that an application "may not be filed more than 6 months prior" to the expiration of an EAD, Instructions for Form I-129, USCIS (Sept. 30, 2020), https://www.uscis.gov/sites/default/files/document/forms/i-129instr.pdf, how applicants for EAD renewal who timely comply with all requirements at the beginning of the six-month window for reapplication are able to maintain continuous employment during the pendency of their applications. Signed by Chief Judge Beryl A. Howell on December 9, 2020. (lcbah3)
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| Filing 18 Cross MOTION for Summary Judgment (Resubmission-Duplicate Entry) by NISHIKA NIBBER (Attachments: #1 Memorandum in Support, #2 Affidavit 1, Plaintiff's Supplemental Affidavit, #3 Exhibit 2, REDACTED Corroborating Evidence of Plaintiff's Salary, Financial Obligations and Expenses, #4 Exhibit 3, REDACTED Notices from USCIS Informing Applicants that USCIS is Able to Reuse Previously Captured Fingerprints and Other Biometrics, #5 Statement of Facts, #6 Text of Proposed Order)(Kozar, Mika) |
| Filing 17 REPLY to opposition to motion re #9 MOTION for Preliminary Injunction (Resubmission-Duplicate Entry) filed by NISHIKA NIBBER. (Attachments: #1 Memorandum in Support, #2 Affidavit 1, Plaintiff's Supplemental Affidavit, #3 Exhibit 2, REDACTED Corroborating Evidence of Plaintiff's Salary, Financial Obligations and Expenses, #4 Exhibit 3, REDACTED Notices from USCIS Informing Applicants that USCIS is Able to Reuse Previously Captured Fingerprints and Other Biometrics, #5 Statement of Facts, #6 Text of Proposed Order)(Kozar, Mika) |
| Filing 16 RESPONSE re #11 MOTION for Summary Judgment MOTION to Transfer Case (Resubmission) filed by NISHIKA NIBBER. (Attachments: #1 Memorandum in Support, #2 Affidavit 1, Plaintiff's Supplemental Affidavit, #3 Exhibit 2, REDACTED Corroborating Evidence of Plaintiff's Salary, Financial Obligations and Expenses, #4 Exhibit 3, REDACTED Notices from USCIS Informing Applicants that USCIS is Able to Reuse Previously Captured Fingerprints and Other Biometrics, #5 Statement of Facts, #6 Text of Proposed Order)(Kozar, Mika) |
| Set/Reset Deadlines: Defendants' cross-opposition and reply due by noon on 12/11/2020; plaintiff's cross-reply due by noon on 12/15/2020; defendants' report due by 5:00 PM on 12/9/2020. (ztg) |
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MINUTE ORDER (paperless) ISSUING the following Scheduling Order to govern the completion of briefing on the pending #11 #18 cross-motions for summary judgment and #9 motion for preliminary injunction in this matter, given the upcoming holidays and the current status of plaintiff's inability to work or function with a valid driver's license: (1) defendants shall submit any combined reply and cross-opposition by NOON on December 11, 2020; and (2) plaintiff shall submit any cross-reply by NOON on December 15, 2020; and FURTHER DIRECTING defendants to submit, by 5:00 PM on December 9, 2020, a report advising the Court on the status of plaintiff's H-4 extension application and H-4 Employment Authorization Document ("EAD") renewal application and providing an estimate of when USCIS anticipates adjudicating plaintiff's EAD renewal application in light of (1) USCIS's ability to rely on biometric data previously submitted by plaintiff in support of earlier applications for immigration benefits, see USCIS to Continue Processing Applications for Employment Authorization Requests Despite Application Support Center Closures, USCIS (Mar. 30, 2020), https://www.uscis.gov/news/alerts/uscis-to-continue-processing-applications-for-employment-authorization-extension-requests-despite ("U.S. Citizenship and Immigration Services today announced that it will reuse previously submitted biometrics in order to process valid Form I-765, Application for Employment Authorization, extension requests[.]"); (2) USCIS's ability to expedite the processing of H-4 applications, see [11-3] Decl. of Jennifer A. Roller 16; and (3) plaintiff's representation that she has hired six employees, whose continued employment is contingent on adjudication of plaintiff's EAD renewal application, see [18-2] Pl.'s Suppl. Aff. 5. Defendants are advised that, depending on the completeness of the information provided in their December 9, 2020 report, additional reports on the status of plaintiffs EAD renewal application may be required every 48 hours during the pendency of defendants' #11 Motion for Summary Judgment and plaintiff's #18 Cross-Motion for Summary Judgment. Signed by Chief Judge Beryl A. Howell on December 8, 2020. (lcbah3)
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| Filing 15 Cross MOTION for Summary Judgment (Duplicate Entry) by NISHIKA NIBBER (Attachments: #1 Memorandum in Support, #2 Affidavit Exhibit 1, Plaintiff's Supplemental Affidavit, #3 Exhibit Exhibit 2, Corroborating Evidence of Plaintiff's Salary, Financial Obligations and Expenses, #4 Exhibit Exhibit 3, Selection of Notices from USCIS Informing Applicants that USCIS is Able to Reuse Previously Captured Fingerprints and Other Biometrics, #5 Statement of Facts, #6 Text of Proposed Order)(Kozar, Mika) |
| Filing 14 REPLY to opposition to motion re #9 MOTION for Preliminary Injunction (Duplicate Entry) filed by NISHIKA NIBBER. (Attachments: #1 Memorandum in Support, #2 Affidavit Exhibit 1, Plaintiff's Supplemental Affidavit, #3 Exhibit Exhibit 2, Corroborating Evidence of Plaintiff's Salary, Financial Obligations and Expenses, #4 Exhibit Exhibit 3, Selection of Notices from USCIS Informing Applicants that USCIS is Able to Reuse Previously Captured Fingerprints and Other Biometrics, #5 Statement of Facts, #6 Text of Proposed Order)(Kozar, Mika) |
| Filing 13 RESPONSE re #11 MOTION for Summary Judgment MOTION to Transfer Case filed by NISHIKA NIBBER. (Attachments: #1 Memorandum in Support, #2 Affidavit Exhibit 1, Plaintiff's Supplemental Affidavit, #3 Exhibit Exhibit 2, Corroborating Evidence of Plaintiff's Salary, Financial Obligations and Expenses, #4 Exhibit Exhibit 3, Selection of Notices from USCIS Informing Applicants that USCIS is Able to Reuse Previously Captured Fingerprints and Other Biometrics, #5 Statement of Facts, #6 Text of Proposed Order)(Kozar, Mika) |
| Filing 12 Memorandum in opposition to re #9 MOTION for Preliminary Injunction (Duplicate Entry) filed by KENNETH T. CUCCINELLI, TRACY RENAUD, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, CHAD WOLF. (Attachments: #1 Memorandum in Support, #2 Statement of Facts, #3 Declaration of Jennifer A. Roller, #4 Text of Proposed Order)(Cirino, Paul) |
| Filing 11 MOTION for Summary Judgment , MOTION to Transfer Case by KENNETH T. CUCCINELLI, TRACY RENAUD, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, CHAD WOLF (Attachments: #1 Memorandum in Support, #2 Statement of Facts, #3 Declaration of Jennifer A. Roller, #4 Text of Proposed Order)(Cirino, Paul) |
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MINUTE ORDER (paperless) ISSUING, upon consideration of the parties' #10 Proposed Schedule for Briefing on Plaintiff's Anticipated Motion for Preliminary Injunction, the following SCHEDULING ORDER: (1) by November 25, 2020, defendants shall file their opposition to plaintiff's #9 Motion for Preliminary Injunction; and (2) by December 7, 2020, plaintiff shall file her reply in support of her #9 Motion for Preliminary Injunction. Signed by Chief Judge Beryl A. Howell on November 17, 2020. (lcbah3)
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| Set/Reset Deadlines: Defendants' opposition to plaintiff's #9 Motion for Preliminary Injunction due by 11/25/2020; plaintiff's reply due by 12/7/2020. (ztg) |
| Filing 10 PROPOSED BRIEFING SCHEDULE on Plaintiff's Motion for Preliminary Injunction by NISHIKA NIBBER. (Kozar, Mika) |
| Filing 9 MOTION for Preliminary Injunction by NISHIKA NIBBER (Attachments: #1 Memorandum in Support Statement of Points and Authorities in Support of Plaintiff's Motion for Preliminary Injunction, #2 Affidavit Plaintiff)(Kozar, Mika) |
| Filing 8 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the District of Columbia Attorney General. Date of Service Upon District of Columbia Attorney General 11/13/2020. Answer due for ALL D.C. DEFENDANTS by 12/4/2020. (Kozar, Mika) |
| Filing 7 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/13/2020. (Kozar, Mika) |
| Filing 6 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. KENNETH T. CUCCINELLI served on 11/12/2020; TRACY RENAUD served on 11/12/2020; UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES served on 11/12/2020; UNITED STATES DEPARTMENT OF HOMELAND SECURITY served on 11/12/2020; CHAD WOLF served on 11/12/2020 (Attachments: #1 Certificate of Service Kenneth T. Cuccinelli, #2 Certificate of Service Tracy Renaud, #3 Certificate of Service Chad Wolf, #4 Certificate of Service USDHS)(Kozar, Mika) |
| Filing 5 NOTICE of Appearance by Paul Cirino on behalf of All Defendants (Cirino, Paul) |
| Set/Reset Deadlines: Response to Order of the Court due by noon on 11/17/2020. (ztg) |
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MINUTE ORDER (paperless) DIRECTING plaintiff, by 12:00 on November 17, 2020, (1) to refile her #1 Petition for Mandamus and Complaint for Injunctive Relief in compliance with L. Civ. R. 65.1(c), which requires that "[a]n application for a preliminary injunction shall be made in a document separate from the complaint," and (2) to confer with defendants and jointly submit to the Court a proposed schedule for briefing on plaintiff's anticipated motion for preliminary injunction. Signed by Chief Judge Beryl A. Howell on November 13, 2020. (lcbah3)
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Filing 4
STANDING ORDER. Signed by Chief Judge Beryl A. Howell on November 10, 2020. (lcbah3)
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| Filing 3 SUMMONS (7) Issued Electronically as to KENNETH T. CUCCINELLI, TRACY RENAUD, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, CHAD WOLF, U.S. Attorney and U.S. Attorney General (Attachment: #1 Notice and Consent)(adh, ) |
| Filing 2 CIVIL COVER SHEET by NISHIKA NIBBER filed by NISHIKA NIBBER.(Kozar, Mika) |
| Filing 1 PETITION FOR WRIT OF MANDAMUS against KENNETH T. CUCCINELLI, TRACY RENAUD, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, CHAD WOLF ( Filing fee $ 400 receipt number ADCDC-7805068) filed by NISHIKA NIBBER. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A (Plaintiff's H-4 Receipt Notice and Approval Notices), #3 Exhibit B (Plaintiff's H-4 EAD Receipt Notice, Approval Notices, and EAD), #4 Exhibit C (Plaintiff's Spouse's H-1B Approval Notices), #5 Exhibit D (Plaintiff's Spouse's I-140 Approval Notice), #6 Exhibit E (Plaintiff's Driver's License), #7 Exhibit F (Denial of Plaintiff's Request for Expedited Processing), #8 Exhibit G (Plaintiff's Affidavit), #9 Summons (Attorney General of the United States), #10 Summons (Chad Wolf), #11 Summons (Kenneth T. Cuccinelli), #12 Summons (Tracy Renaud), #13 Summons (US Attorney for District of Columbia), #14 Summons (USCIS), #15 Summons (USDHS))(Kozar, Mika) Modified event title on 11/17/2020 (znmw). |
| Case Assigned to Chief Judge Beryl A. Howell. (zsb) |
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