Rodriguez Soto v. U.S. Citizenship and Immigration Services
| Carlos Andres Rodriguez Soto |
| U.S. Citizenship and Immigration Services |
| 1:2025cv25855 |
| December 12, 2025 |
| U.S. District Court for the Southern District of Florida |
| Marty Fulgueira Elfenbein |
| Joan A Lenard |
| Other Statutory Actions |
| 05 U.S.C. § 0551 Administrative Procedure Act |
| None |
Docket Report
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This docket was last retrieved on May 15, 2026. A more recent docket listing may be available from PACER.
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Filing 47
ORDER Adopting Joint Scheduling Report, Setting Pretrial Conference and Trial, Establishing Pretrial Deadlines, and Establishing Pretrial and Trial Procedures. Signed by Judge Joan A. Lenard on 5/15/2026. See attached document for full details. (fbe) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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Filing 46
PAPERLESS ORDER denying as moot #31 Motion to Dismiss for Failure to State a Claim. Applicant has filed a #40 Second Amended Complaint. Thus, the proceeding motion to dismiss is moot. This entry constitutes the PAPERLESS ORDER in its entirety. Signed by Judge Joan A. Lenard on 5/15/2026. (fbe)
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| Filing 45 Joint SCHEDULING REPORT - Rule 16.1 by Carlos Andres Rodriguez Soto (Burshteyn, Simona) |
| Filing 44 ANSWER to Amended Complaint (Second) ECF No. 40 by U.S. Citizenship and Immigration Services. (Geiger, Brett) |
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Filing 43
ORDER Referring Certain Matters to Magistrate Judge. Signed by Judge Joan A. Lenard on 5/7/2026. See attached document for full details. (fbe)
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| Filing 42 Notice of NO Pending, Refiled, Related or Similar Actions by Carlos Andres Rodriguez Soto (Burshteyn, Simona) |
| Filing 41 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Carlos Andres Rodriguez Soto (Burshteyn, Simona) |
| Filing 40 Second AMENDED COMPLAINT against Carlos Andres Rodriguez Soto filed in response to Order Granting Motion for Leave, filed by Carlos Andres Rodriguez Soto.(Burshteyn, Simona) |
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Filing 39
PAPERLESS ORDER granting #37 Motion for Leave to File. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge. Petitioner shall file the Second Amended Petition no later than April 29, 2026. This entry constitutes the PAPERLESS ORDER in its entirety. Signed by Judge Joan A. Lenard on 4/28/2026. (fbe)
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| Filing 38 PETITIONERS OPPOSITION TO RESPONDENTS MOTION TO DISMISS to #31 MOTION TO DISMISS #29 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by Carlos Andres Rodriguez Soto. (Burshteyn, Simona) |
| Filing 37 Unopposed MOTION for Leave to File by Carlos Andres Rodriguez Soto. Responses due by 5/11/2026. (Attachments: #1 Exhibit Exhibit A - Proposed Second Amended Petition)(Burshteyn, Simona) |
| Filing 36 Joint Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties . Filed by U.S. Citizenship and Immigration Services (Geiger, Brett) |
| Filing 35 Notice of NO Pending, Refiled, Related or Similar Actions by U.S. Citizenship and Immigration Services (Geiger, Brett) |
| Filing 34 Corporate Disclosure Statement and Certificate of Interested Persons by U.S. Citizenship and Immigration Services (Geiger, Brett) |
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Filing 33
ORDER Setting Forth the Court's Policy on Motions for Extension or Stay of the Scheduling Order Deadlines. Signed by Judge Joan A. Lenard on 4/15/2026. See attached document for full details. (fbe)
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Filing 32
ORDER Referring Discovery Disputes to Magistrate Judge Marty Fulgueira Elfenbein; Directing Parties to File Certificates of Interested Parties; Directing Parties to File a Notice of Refiling And/or of Related Cases; Requiring Completion of Form Consenting to Jurisdiction by Magistrate Judge; and Requiring Completion of Joint Scheduling Report and Form. Signed by Judge Joan A. Lenard on 4/15/2026. See attached document for full details. (Attachments: #1 Appendix, #2 Appendix) (fbe)
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| Filing 31 MOTION TO DISMISS #29 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by U.S. Citizenship and Immigration Services. Responses due by 4/28/2026. (Geiger, Brett) |
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Filing 30
PAPERLESS ORDER denying as moot #28 Motion to Strike. The Motion requests the #1 Petition be stricken. Petitioner has filed an #29 Amended Petition. Thus, the Motion is moot and denied as such. This entry constitutes the PAPERLESS ORDER in its entirety. Signed by Judge Joan A. Lenard on 3/31/2026. (fbe)
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| Filing 29 AMENDED COMPLAINT against U.S. Citizenship and Immigration Services, filed by Carlos Andres Rodriguez Soto.(Burshteyn, Simona) |
| Filing 28 MOTION to Strike #1 Petition (Complaint) RE: Government Agency, by U.S. Citizenship and Immigration Services. Attorney Brett Geiger added to party U.S. Citizenship and Immigration Services(pty:dft). Responses due by 4/13/2026. (Geiger, Brett) |
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Filing 27
PAPERLESS ORDER granting #26 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Frank Sariol, Esq. This entry constitutes the PAPERLESS ORDER in its entirety. Signed by Judge Joan A. Lenard on 3/12/2026. (fbe)
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| Filing 26 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Frank R. Sariol, Esq.. Filing Fee $ 250.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #18 Motion to Appear Pro Hac Vice, #24 Motion to Appear Pro Hac Vice,, by Carlos Andres Rodriguez Soto. Responses due by 3/26/2026. (Attachments: #1 Text of Proposed Order)(Burshteyn, Simona) |
| Filing 25 Clerk's Notice to Filer re #24 JOINT MOTION TO CONDUCT APRIL 13, 2026 HEARING REMOTELY/MOTION to Appear Pro Hac Vice. Document Not Related to Case; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - Filer must file a Notice of Striking, then refile the document in the appropriate case. Please note the style of the case on this document is incorrect. (sk) |
| Attorney Frank R. Sariol representing Rodriguez Soto, Carlos Andres (Plaintiff) Activated. (pt) |
| Filing 24 JOINT MOTION TO CONDUCT APRIL 13, 2026 HEARING REMOTELY/MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Frank R. Sariol, Esq. Filing Fee $ 250.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #18 Motion to Appear Pro Hac Vice, by Carlos Andres Rodriguez Soto. Responses due by 3/25/2026. (Attachments: #1 Text of Proposed Order)(Burshteyn, Simona). Modified text to reflect caption of document per Clerk on 3/12/2026 (sk). |
| Filing 23 NOTICE of Change of Email; by Simona Burshteyn (Burshteyn, Simona) |
| Filing 22 Clerk's Notice of Filing Fee refunded to Leon Hirzel in the amount of $52.00 on 3/5/26 re 4 Clerk's Notice to Filer re: Electronic Case, (Torres, Betsabel) |
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Filing 21
PAPERLESS ORDER denying #18 Motion to Appear Pro Hac Vice for failure to comply with the Local Rules. Local Counsel/Movant's email is inactive, therefore they cannot receive NEFs, which is required by the Local Rules. This entry constitutes the PAPERLESS ORDER in its entirety. Signed by Judge Joan A. Lenard on 2/25/2026. (fbe)
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| Attorney Frank R. Sariol representing Rodriguez Soto, Carlos Andres (Plaintiff) Activated. (pt) |
| Filing 20 Clerk's Notice to Filer re #17 Summons Returned Executed as to USA,. Incorrect Service Date Entered; ERROR - The incorrect service date was entered. The correction was made by the Clerk and filing was re-docketed, see DE# 19 . It is not necessary to refile this document. (jas) |
| Filing 18 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Frank R. Sariol. Filing Fee $ 250.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #7 Motion to Appear Pro Hac Vice, #13 Motion to Appear Pro Hac Vice, by Carlos Andres Rodriguez Soto. Responses due by 3/10/2026. (Attachments: #1 Text of Proposed Order)(Burshteyn, Simona) |
| Filing 19 SUMMONS (Affidavit) Returned Executed by Carlos Andres Rodriguez Soto. U.S. Citizenship and Immigration Services served on 2/17/2026, response/answer due 4/20/2026. Additional Service and date on US Attorney General served on 2/12/2026; US Attorney served on 2/12/2026. (See DE#17 for document image). (jas) |
| Filing 17 SUMMONS (Affidavit) Returned Executed by Carlos Andres Rodriguez Soto. All Defendants. Additional Service and date on US Attorney's Office served on 01/28/2026; Attorney General of the US served on 01/28/2026; US Attorney's Office served on 01/28/2026. (Burshteyn, Simona) |
| (Hirzel, Leon) |
| (Hirzel, Leon) |
| Filing 16 Clerk's Notice to Filer re: Summons(es) will not be issued. The party(ies) on the summons(es) does not match the initiating documents. Multiple parties cannot be listed on a single summons. One summons is required for each party. Filer may file a Notice of Filing Proposed Summons(es) with the corrected summons attached. (jas) |
| Filing 15 Summons Issued as to U.S. Citizenship and Immigration Services, U.S. Attorney and U.S. Attorney General. (jas) |
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Filing 14
PAPERLESS ORDER denying #13 Motion to Appear Pro Hac Vice, for failure to comply with Local Rule 4(b). Specifically, the Motion: (1) fails to include a certification that they studied the Local Rules, is a member in good standing of a qualifying bar, and has not filed more than three pro hac vice motions in different cases in this District within the last 365 days; and (2) fails to include contact information in the motion motion, pursuant to AO 2005-38. This entry constitutes the PAPERLESS ORDER in its entirety. Signed by Judge Joan A. Lenard on 1/14/2026. (fbe)
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| Filing 13 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Frank R. Sariol, Esq.. Filing Fee $ 250.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #7 Motion to Appear Pro Hac Vice, by Carlos Andres Rodriguez Soto. Responses due by 1/28/2026. (Attachments: #1 Text of Proposed Order)(Hirzel, Leon) |
| Filing 12 NOTICE by Carlos Andres Rodriguez Soto re #1 Petition (Complaint) RE: Government Agency, (Attachments: #1 Summon(s), #2 Summon(s), #3 Summon(s), #4 Summon(s), #5 Summon(s)) (Burshteyn, Simona) |
| Filing 11 Clerk's Notice to Filer re: Summons(es) will not be issued. Multiple parties cannot be listed on a single summons. One summons is required for each party. Filer may file a Notice of Filing Proposed Summons(es) with the corrected summons attached. (amb) |
| Filing 10 NOTICE of Filing Proposed Summons(es) by Carlos Andres Rodriguez Soto re #1 Petition (Complaint) RE: Government Agency, filed by Carlos Andres Rodriguez Soto (Attachments: #1 Summon(s)) (Burshteyn, Simona) |
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Filing 9
PAPERLESS ORDER denying #7 Motion to Appear Pro Hac Vice for failure to include contact information (phone number) in their motion, as is required by AO 2005-38. This entry constitutes the PAPERLESS ORDER in its entirety. Signed by Judge Joan A. Lenard on 12/19/2025. (fbe)
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| Filing 8 NOTICE by Carlos Andres Rodriguez Soto re #1 Petition (Complaint) RE: Government Agency,. Attorney Simona Burshteyn added to party Carlos Andres Rodriguez Soto(pty:pla). (Attachments: #1 Civil Cover Sheet) (Burshteyn, Simona) |
| Filing 7 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Frank Sariol. Filing Fee $ 250.00 Receipt # AFLSDC-19047011 by Carlos Andres Rodriguez Soto. Responses due by 12/30/2025. (Attachments: #1 Certification Certification of Frank Sariol, Esq.)(Hirzel, Leon) |
| Filing 6 Notice of Compliance of Filing Fee $405.00, receipt number AFLSDC-19046271, Electronic Civil Case Filing re 4 Clerk's Notice to Filer re: Electronic Case, (Hirzel, Leon) |
| Filing 5 Bar Letter re: Admissions sent to attorney Frank R. Sariol, mailing date December 15, 2025, (nwn) |
| Filing 4 Clerk's Notice to Filer re: Electronic Case. Insufficient filing fee paid. Filer must file a Notice of Compliance of Filing Fee and electronically pay the correct fees of $ 405.00 within 24 hours. Filing fees will be refunded. Amount $52.00, receipt #AFLSDC-19038927, case filed date: 12/12/2025. (blc) |
| Filing 3 Clerk's Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (blc) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Joan A. Lenard. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Marty Fulgueira Elfenbein 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. (blc) |
| Filing 1 PETITION (Complaint) FOR JUDICIAL REVIEW OF DENIAL OF APPLICATION FOR NATURALIZATION . Filing fee $405.00, $ 52.00 paid receipt number AFLSDC-19038927, filed by Carlos Andres Rodriguez Soto.(Hirzel, Leon). Modified text on 12/15/2025 (blc). |
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| Plaintiff: Carlos Andres Rodriguez Soto | |
| Represented By: | Simona Burshteyn |
| Represented By: | Frank R. Sariol |
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| Defendant: U.S. Citizenship and Immigration Services | |
| Represented By: | Brett Geiger |
| Represented By: | Noticing INS Attorney |
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