Issrail Badra et al v. United States Citizenship and Immigration Services et al
| Joseph C. Issrail Badra, Yesika R. Khabbaze Nassani, G.S.I.K. and G.I.K. |
| Director United States Citizenship and Immigration Services, Field Office Directo United States Citizenship and Immigration Services and Secretary of State of the United States |
| 1:2022cv22465 |
| August 5, 2022 |
| US District Court for the Southern District of Florida |
| Jacqueline Becerra |
| Jose E Martinez |
| Other Immigration Actions |
| 05 U.S.C. § 0702 Administrative Procedure Act |
| None |
Docket Report
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This docket was last retrieved on September 23, 2022. A more recent docket listing may be available from PACER.
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Filing 27
FINAL ORDER OF DISMISSAL WITHOUT PREJUDICE. Closing Case. (Without Prejudice) Signed by Judge Jose E. Martinez on 9/23/2022. See attached document for full details. (caw)
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Filing 26
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS: GRANTING #12 Defendant's Motion to Dismiss for Lack of Jurisdiction; DENYING AS MOOT #4 Plaintiff's Motion for Preliminary Injunction; AFFIRMING AND ADOPTING #23 Magistrate Judge's Report and Recommendations. Signed by Judge Jose E. Martinez on 9/21/2022. See attached document for full details. (caw)
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| Filing 25 RESPONSE TO OBJECTION to #23 Report and Recommendations by Secretary of State of the United States, United States Citizenship and Immigration Services, United States Citizenship and Immigration Services. (Diaz, Natalie) |
| Filing 24 OBJECTIONS to #23 Report and Recommendations by G.I.K., G.S.I.K., Joseph C. Issrail Badra, Yesika R. Khabbaze Nassani. (Pratt, John) |
| Filing 23 REPORT AND RECOMMENDATION on Plaintiffs' Expedited Motion for Preliminary Injunction, ECF No. #4 , and Defendants' Motion To Dismiss For Lack Of Subject Matter Jurisdiction, Or In The Alternative, For Failure To State A Claim For Which Relief Can Be Granted And Opposition To Plaintiffs' Motion For Expedited Preliminary Injunction, ECF No. #12 . Objections to R&R due by by 12:00 p.m. on Monday, September 19, 2022. Signed by Magistrate Judge Jacqueline Becerra on 9/14/2022. See attached document for full details. (cor) |
| Filing 22 SUR REPLY to Response to Motion re #12 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by G.I.K., G.S.I.K., Joseph C. Issrail Badra, Yesika R. Khabbaze Nassani. (Pratt, John) |
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Filing 21
PAPERLESS ORDER. THIS CAUSE came before the Court on Plaintiffs' Unopposed Motion for Leave to File a Surreply in Opposition to Defendants' Motion to Dismiss. ECF No. #20 . Plaintiffs seek leave to file a Surreply in order to address "new arguments not previously presented" in the Government's Motion to Dismiss. Id. The Motion is unopposed. Upon due consideration, the Motion is hereby GRANTED. Plaintiffs may file a Surreply by September 9, 2022. Signed by Magistrate Judge Jacqueline Becerra on 9/8/2022. (cor)
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| Filing 20 Unopposed MOTION for Leave to File Surreply in Opposition to Defendants' Motion to Dismiss by G.I.K., G.S.I.K., Joseph C. Issrail Badra, Yesika R. Khabbaze Nassani. (Attachments: #1 Proposed Surreply, #2 Text of Proposed Order)(Pratt, John) |
| Filing 19 REPLY to #12 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Secretary of State of the United States, United States Citizenship and Immigration Services, United States Citizenship and Immigration Services. (Attachments: #1 Exhibit A- Declaration DOS Director Miles)(Diaz, Natalie) |
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Filing 18
ORDER REFERRING #12 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by Secretary of State of the United States, United States Citizenship and Immigration Services. Motions referred to Judge Jacqueline Becerra. Signed by Judge Jose E. Martinez on 9/1/2022. See attached document for full details. (ls)
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| Filing 17 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jacqueline Becerra: Zoom Motion Hearing held on 9/1/2022 re #4 MOTION for Preliminary Injunction filed by G.I.K., Yesika R. Khabbaze Nassani, G.S.I.K., Joseph C. Issrail Badra. Court to enter a report and recommendation. Attorney Appearance(s): Edward Fortunato Ramos, Elizabeth Martha Montano, Natalie Diaz, (Digital JB_Zoom_9-1-2022) Total time in court: 1 hour(s) : 6 minutes. (dgj) Modified on 9/1/2022 (dgj). |
| Filing 16 NOTICE of Attorney Appearance by Elizabeth Martha Montano on behalf of G.I.K., G.S.I.K., Joseph C. Issrail Badra, Yesika R. Khabbaze Nassani. Attorney Elizabeth Martha Montano added to party G.I.K.(pty:pla), Attorney Elizabeth Martha Montano added to party G.S.I.K.(pty:pla), Attorney Elizabeth Martha Montano added to party Joseph C. Issrail Badra(pty:pla), Attorney Elizabeth Martha Montano added to party Yesika R. Khabbaze Nassani(pty:pla). (Montano, Elizabeth) |
| Filing 15 RESPONSE in Opposition re #12 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM and Reply in Support of ECF No. #4 Plaintiffs' Expedited Motion for a Preliminary Injunction filed by G.I.K., G.S.I.K., Joseph C. Issrail Badra, Yesika R. Khabbaze Nassani. Replies due by 9/6/2022. (Pratt, John) |
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Filing 14
PAPERLESS ORDER. THIS CAUSE came before the Court on Plaintiffs' Unopposed Motion for Leave to File Opposition to Defendants' Motion to Dismiss and Reply in Support of Plaintiffs' Expedited Motion for a Preliminary Injunction in Excess of Ten Pages, ECF No. #13 . Plaintiffs seek leave to file an enlarged combined Opposition to Defendants' Motion to Dismiss and Reply in Support of Plaintiffs' Expedited Motion for a Preliminary Injunction of fourteen pages, in excess of the ten-page limit. The Motion is unopposed. Upon due consideration, the Motion is hereby GRANTED. Plaintiffs may file a 14-page Opposition/Reply. Signed by Magistrate Judge Jacqueline Becerra on 8/30/2022. (cor)
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| Filing 13 Unopposed MOTION for Leave to File Excess Pages for Plaintiffs' Opposition to Defendants Motion to Dismiss and Reply in Support of Plaintiffs Expedited Motion for a Preliminary Injunction by G.I.K., G.S.I.K., Joseph C. Issrail Badra, Yesika R. Khabbaze Nassani. (Attachments: #1 Exhibit A - Plaintiffs' Proposed Opposition to Defendants Motion to Dismiss and Reply in Support of Plaintiffs Expedited Motion for a Preliminary Injunction, #2 Text of Proposed Order)(Pratt, John) |
| Filing 12 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, , MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM ( Responses due by 9/8/2022) by Secretary of State of the United States, United States Citizenship and Immigration Services, United States Citizenship and Immigration Services. (Attachments: #1 Exhibit A- 1996 Policy Clarification Regarding the Effect of Filing For Asylum on Nonimmigrant Classification)(Diaz, Natalie) |
| Filing 11 RESPONSE in Opposition re #4 MOTION for Preliminary Injunction filed by Secretary of State of the United States, United States Citizenship and Immigration Services, United States Citizenship and Immigration Services. Replies due by 9/1/2022. (Attachments: #1 Exhibit A- 1996 Policy Clarification Regarding the Effect of Filing For Asylum on Nonimmigrant Classification)(Diaz, Natalie) |
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Filing 10
PAPERLESS ORDER. THIS CAUSE came before the Court on Plaintiffs' Expedited Motion for Preliminary Injunction. ECF No. #4 . As stated on the telephonic status conference, ECF No. 9 , the Court hereby sets the following briefing schedule. Defendant shall file any response to Plaintiffs' Motion no later than Thursday, August 25, 2022. Plaintiff shall file any reply no later than Tuesday, August 30, 2022. This matter is set for oral argument by Zoom before the undersigned on Thursday, September 1, 2022 at 9:00 a.m. The Zoom information is: https://www.zoomgov.com/j/1619769803?pwd=TExuZmp5Wkxxd1B4TVFCSkxlaC9qdz09 Meeting ID: 161 976 9803 Passcode: 032949 Dial by your location +1 646 828 7666 Signed by Magistrate Judge Jacqueline Becerra on 8/16/2022. (cor)
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| Filing 9 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jacqueline Becerra: Telephonic Status Conference held on 8/16/2022. Order to follow. Attorney Appearance(s): John Patrick Pratt, Edward Fortunato Ramos, Natalie Diaz, (Digital 14:55:02) Total time in court: 14 minutes. (dgj) |
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Filing 8
PAPERLESS ORDER RE-SETTING STATUS CONFERENCE. The Zoom status conference set for August 18, 2022, ECF No. 6 , is hereby re-set for a telephonic status on Tuesday, August 16, 2022 at 3:00 p.m. (Dial-In: 866-390-1828; Passcode: 2046890). Signed by Magistrate Judge Jacqueline Becerra on 8/16/2022. (cor)
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| Filing 7 NOTICE of Attorney Appearance by Natalie Diaz on behalf of Secretary of State of the United States, United States Citizenship and Immigration Services, United States Citizenship and Immigration Services. Attorney Natalie Diaz added to party Secretary of State of the United States(pty:dft), Attorney Natalie Diaz added to party United States Citizenship and Immigration Services(pty:dft), Attorney Natalie Diaz added to party United States Citizenship and Immigration Services(pty:dft). (Diaz, Natalie) |
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Filing 6
PAPERLESS ORDER SETTING ZOOM STATUS CONFERENCE. A Zoom status conference is hereby set for Thursday, August 18, 2022 at 12:00 p.m. The Zoom information is: https://www.zoomgov.com/j/1619769803?pwd=TExuZmp5Wkxxd1B4TVFCSkxlaC9qdz09 Meeting ID: 161 976 9803 Passcode: 032949 Dial by your location +1 646 828 7666 Signed by Magistrate Judge Jacqueline Becerra on 8/16/2022. (cor)
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Filing 5
ORDER REFERRING #4 MOTION for Preliminary Injunction filed by G.I.K., Yesika R. Khabbaze Nassani, G.S.I.K., Joseph C. Issrail Badra. Motions referred to Judge Jacqueline Becerra. Signed by Judge Jose E. Martinez on 8/12/2022. See attached document for full details. (caw)
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| Filing 4 MOTION for Preliminary Injunction by G.I.K., G.S.I.K., Joseph C. Issrail Badra, Yesika R. Khabbaze Nassani. (Attachments: #1 Exhibit A - USCIS Denial of Adjustment of Status (Joseph Issrail), #2 Exhibit B - USCIS Denial of Adjustment of Status (Yesika Khabbaze), #3 Exhibit C - USCIS Denial of Adjustment of Status (G.S.I.K.), #4 Exhibit D - USCIS Denial of Adjustment of Status (G.I.K.), #5 Exhibit E - Application for Adjustment of Status, #6 Exhibit F - Asylum Receipt Notice, #7 Exhibit G - Declaration of Joseph Issrail, #8 Exhibit H - Declaration of Yesika Khabbaze, #9 Exhibit I - Declaration of Attorney Michelle Canero, #10 Exhibit J - 1987 INS Letter, #11 Exhibit K - 1994 INS Letter)(Pratt, John) |
| Filing 3 Summons Issued as to Secretary of State of the United States, Director of United States Citizenship and Immigration Services, Field Office Director United States Citizenship and Immigration Services, U.S. Attorney and U.S. Attorney General (mab) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Jose E. Martinez. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jacqueline Becerra 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. (mab) |
| Filing 1 COMPLAINT against Antony Blinken, Ur M. Jaddou, Enid S Stulz. Filing fees $ 402.00 receipt number AFLSDC-15848330, filed by Joseph C. Issrail Badra, G.I.K., G.S.I.K., Yesika R. Khabbaze Nassani. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (Pratt, John) |
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