MARTINEZ v. Acting Secretary U.S. Department of Homeland Security et al
| CESAR EDGARDO MARTINEZ |
| Acting Secretary U.S. Department of Homeland Security, Field Office Director, Kendall Field Office, U.S. Citizenship and Immigration Services, District Director, Miami and Caribbean District (S24), U.S. Citizenship and Immigration Services and Senior Official Performing the Duties of Director, U.S. Citizenship and Immigration Services |
| 1:2020cv23838 |
| September 16, 2020 |
| US District Court for the Southern District of Florida |
| Marcia G Cooke |
| John J O'Sullivan |
| Other Immigration Actions |
| 05 U.S.C. ยง 0551 |
| None |
Docket Report
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| Document Text |
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| Filing 11 NOTICE of Attorney Appearance by Clarissa Pinheiro Schild on behalf of Acting Secretary U.S. Department of Homeland Security, District Director, Miami and Caribbean District (S24), U.S. Citizenship and Immigration Services, Field Office Director, Kendall Field Office, U.S. Citizenship and Immigration Services, Senior Official Performing the Duties of Director, U.S. Citizenship and Immigration Services. Attorney Clarissa Pinheiro Schild added to party Acting Secretary U.S. Department of Homeland Security(pty:dft), Attorney Clarissa Pinheiro Schild added to party District Director, Miami and Caribbean District (S24), U.S. Citizenship and Immigration Services(pty:dft), Attorney Clarissa Pinheiro Schild added to party Field Office Director, Kendall Field Office, U.S. Citizenship and Immigration Services(pty:dft), Attorney Clarissa Pinheiro Schild added to party Senior Official Performing the Duties of Director, U.S. Citizenship and Immigration Services(pty:dft). (Pinheiro Schild, Clarissa) |
Filing 10
ORDER OF REFERRAL AND ORDER REGARDING COURT PRACTICES AND PROCEDURES. Signed by Judge Marcia G. Cooke on 10/21/2020. See attached document for full details. (lbc)
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| Filing 9 Clerks Notice to Filer re #7 Certificate of Service. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see DE# 8 . It is not necessary to refile this document. (jas) |
| Filing 8 SUMMONS (Affidavit) Returned Executed by Cesar Edgardo Martinez. Acting Secretary U.S. Department of Homeland Security served on 9/17/2020, answer due 11/16/2020; District Director, Miami and Caribbean District (S24), U.S. Citizenship and Immigration Services served on 9/17/2020, answer due 11/16/2020; Field Office Director, Kendall Field Office, U.S. Citizenship and Immigration Services served on 9/17/2020, answer due 11/16/2020; Senior Official Performing the Duties of Director, U.S. Citizenship and Immigration Services served on 9/17/2020, answer due 11/16/2020. (See DE#7 for image). (jas) |
| Filing 7 CERTIFICATE OF SERVICE by CESAR EDGARDO MARTINEZ re #6 Summons Issued as to USA, (Attachments: #1 Certification Proof Service for Brett Rinehart, #2 Certification Proof of Service for Kenneth Cuccinelli, #3 Certification Proof of Service for Kristian Parker)(Kramer, Mary) |
| Filing 6 Summons Issued as to Acting Secretary U.S. Department of Homeland Security, District Director, Miami and Caribbean District (S24), U.S. Citizenship and Immigration Services, Field Office Director, Kendall Field Office, U.S. Citizenship and Immigration Services, Senior Official Performing the Duties of Director, U.S. Citizenship and Immigration Services(pes) |
| Filing 5 NOTICE of Filing Proposed Summons(es) Showing Corrected Plaintiff's name by CESAR EDGARDO MARTINEZ re 3 Clerks Notice to Filer re: Electronic Case, Summons(es) (Attachments: #1 Summon(s) Summons for Kenneth Parker, #2 Summon(s) Summons for Chad Wolf, #3 Summon(s) Summons for Kenneth Cuccinelli, #4 Summon(s) Summons for Rinehart) (Kramer, Mary) |
| Filing 4 Clerks Notice to Filer re: Electronic Case. Party(ies) Improperly Formatted. The Filer failed to enter the party name(s) in accordance with the CM/ECF Format for Adding Parties for Attorneys Guide. The correction was made. It is not necessary to re-file the document. (pcs) |
| Filing 3 Clerks Notice to Filer re: Summons(es) cannot be issued. The party(ies) Plaintiff on the summons(es) does not match the initiating documents (pcs) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Marcia G. Cooke. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (pcs) |
| Filing 1 COMPLAINT FOR DECLARATORY JUDGMENT, REVIEW OF AGENCY ACTION UNDER THE ADMINISTRATIVE PROCEDURE ACT against All Defendants. Filing fees $ 400.00 receipt number AFLSDC-13532965, filed by CESAR EDGARDO MARTINEZ. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summon(s) Summons for Chad Wolf, #3 Summon(s) Summons for Kenneth Cuccinelli, #4 Summon(s) Summons for Brett Rinehart, #5 Summon(s) Summons for Kristian Parker, #6 Exhibit Index to Exhibits of Complaint, #7 Exhibit A- Decision and Order of the Immigration Judge dated November 1, 1991, #8 Exhibit B - Order of the Immigration Judge dated November 23, 2009, #9 Exhibit C - Federal Register, Vol. 64, No. 2 (Jan 5, 1999) INS No. 1964-98, AG Order No. 2201-98 (Designating TPS for Honduran Nationals), #10 Exhibit D - First TPS Form I-821 Approval Notice on March 29, 2000 for Mr. Martinez, #11 Exhibit E - Form I-512L, Authorization for Parole of Alien into the United States issued on July 18, 2018 and Mr. Martinezs passport with I-94 showing he was paroled on October 3, 2018 and admitted in TPS status, #12 Exhibit F - Mr. Martinez employment authorization cards showing his continuous TPS status from 2002-present, #13 Exhibit G - Legal Opinion from Paul W. Virtue Acting General Counsel, INS to Jim Puleo, Assoc. Commr, Examinations, INS, Temporary Protected States and Eligibility for Adjustment of Status under Section 245, INS General Counsel Op. No. 91-27, 1991 WL 1185138 (March 4, 1991)., #14 Exhibit H - Legal Opinion from Paul W. Virtue, Acting General Counsel, INS to Terrance OReilly, PTS Coordinator, INS, Advanced Parole for TPS eligible aliens in deportation proceedings, INS Gen. Counsel Op. No. 91-49, 1991 WL 1185160 (June 17, 1991)., #15 Exhibit I - U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, Update on Travel by Temporary Protected Status Beneficiaries in Removal Proceedings and Policy Alert, Effect of Travel by Temporary Protected Status Beneficiaries with Final Orders of Removal (Dec. 20, 2019), #16 Exhibit J - Mr. Martinezs USCIS Notice of Decision on Form I-212 and Form I-485 dated May 27, 2020, #17 Exhibit K - U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, Policy Memorandum, Matter of Z-R-Z-C-, Adopted Decision 2020-02 (AAO Aug. 20, 2020).)Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (Kramer, Mary) |
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| Defendant: Acting Secretary U.S. Department of Homeland Security | |
| Represented By: | Noticing INS Attorney |
| Represented By: | Clarissa Pinheiro Schild |
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| Defendant: Field Office Director, Kendall Field Office, U.S. Citizenship and Immigration Services | |
| Represented By: | Noticing INS Attorney |
| Represented By: | Clarissa Pinheiro Schild |
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| Defendant: District Director, Miami and Caribbean District (S24), U.S. Citizenship and Immigration Services | |
| Represented By: | Noticing INS Attorney |
| Represented By: | Clarissa Pinheiro Schild |
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| Defendant: Senior Official Performing the Duties of Director, U.S. Citizenship and Immigration Services | |
| Represented By: | Noticing INS Attorney |
| Represented By: | Clarissa Pinheiro Schild |
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| Plaintiff: CESAR EDGARDO MARTINEZ | |
| Represented By: | Mary Elizabeth Kramer |
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