DARYEV v. EDLOW et al
| ALEXEY DARYEV |
| JOSEPH B. EDLOW, ELIZABETH FERRO and KRISTI NOEM |
| 1:2026cv21931 |
| March 23, 2026 |
| U.S. District Court for the Southern District of Florida |
| Marty Fulgueira Elfenbein |
| K Michael Moore |
| Naturalization Application |
| 08 U.S.C. ยง 1446 Petition for Naturalization Hearing |
| Plaintiff |
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Filing 6
PAPERLESS ORDER. THIS CAUSE is before the Court on Defendants' Unopposed Motion for Extension of Time to File a Response to the Complaint (the "Motion"). See ECF No. 5. In the Motion, Defendants state that "[o]n May 5, 2026, the Miami Field Office scheduled an interview for May 19, 2026" but "[c]ounsel for Plaintiff informed the undersigned that he was not available for that day." Id. at 2. As such, "[t]he interview was rescheduled for June 3, 2026." Id. Defendants further state that "[o]nce the June 3rd interview is completed, U.S. Citizenship and Immigration Services ('USCIS') will need additional time to review the information provided at the interview and re-interview the Petitioner if necessary before it can make a decision on Petitioner's application." Id. As a result, Defendants "request a 45-day extension of its current Response deadline, that is, up to and including August 14, to Respond to the Complaint." Id. The Court notes that "Defendants have conferred with counsel for Plaintiff and Plaintiff does not oppose Defendants' Motion." Id. While it is not the Court's usual practice to grant 45-day extensions to response deadlines, the Court finds good cause to do so in this case, particularly in light of the rescheduled USCIS interview, the need for additional administrative review following that interview, and the fact that Plaintiff agrees to the requested 45-day extension. Accordingly, the Motion, ECF No. #5 , is GRANTED. Defendants shall have until August 14, 2026 to file a response to Plaintiff's Complaint. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 5/11/2026. (MFE)
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| Filing 5 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,,,,,,, by JOSEPH B. EDLOW, ELIZABETH FERRO, KRISTI NOEM. Attorney Michele Wilcox-Petrites added to party JOSEPH B. EDLOW(pty:dft), Attorney Michele Wilcox-Petrites added to party ELIZABETH FERRO(pty:dft), Attorney Michele Wilcox-Petrites added to party KRISTI NOEM(pty:dft). Responses due by 5/26/2026. (Attachments: #1 Text of Proposed Order)(Wilcox-Petrites, Michele) |
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Filing 4
PAPERLESS ORDER REFERRING CASE. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned cause is hereby referred to Magistrate Judge Marty Fulgueira Elfenbein to take all necessary and proper action as required by law regarding all pre-trial, non-dispositive matters and for a Report and Recommendation on any dispositive matters. Signed by Judge K. Michael Moore on 3/25/2026. (ss01)
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| Filing 3 Summons Issued as to JOSEPH B. EDLOW, ELIZABETH FERRO, KRISTI NOEM. (nan) |
| Filing 2 Clerks Notice of Judge Assignment to Judge K. Michael Moore. 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. (nan) |
| Filing 1 COMPLAINT for Remand and Order to Compel Adjudication of Naturalization Application under 8 USC Sec 1447(b), the Mandamus Act, and the Administrative Procedure Act against JOSEPH B. EDLOW, ELIZABETH FERRO, KRISTI NOEM. Filing fees $ 405.00 receipt number AFLSDC-19344961, filed by ALEXEY DARYEV. (Attachments: #1 Exhibit Copy of Plaintiff's permanent resident card, #2 Exhibit Copy of Plaintiff's Florida driver license, #3 Exhibit Copy of Plaintiff's USCIS receipt notice for Form N-400, #4 Exhibit Copy of USCIS biometrics appointment notice for Plaintiff's Form N-400, #5 Exhibit Copy of USCIS first naturalization interview, #6 Exhibit Copy of USCIS naturalization results letter, #7 Exhibit Copies of correspondence between USCIS and Plaintiff's attorney, #8 Exhibit Copy of Plaintiff's request to CIS Ombudsman and confirmation of receipt, #9 Exhibit Copy of response from CIS Ombudsman, #10 Exhibit Copy of letter from USCIS, #11 Exhibit Copy of USCIS second naturalization interview, #12 Exhibit Copy of Plaintiff's attorney's letter to USCIS, #13 Exhibit Copy of letter from USCIS, #14 Exhibit Printout of case status information from USCIS website, #15 Exhibit Printout of case processing times from USCIS website, #16 Civil Cover Sheet Civil cover sheet, #17 Summon(s) Summons 1 for Elizabeth Ferro, #18 Summon(s) Summons 2 for Elizabeth Ferro, #19 Summon(s) Sumons 3 for Elizabeth Ferro, #20 Summon(s) Summons 1 for Joseph Edlow, #21 Summon(s) Summons 2 for Joseph Edlow, #22 Summon(s) Summons 3 for Joseph Edlow, #23 Summon(s) Summons 1 for Kristi Noem, #24 Summon(s) Summons 2 for Kristi Noem, #25 Summon(s) Summons 3 for Kristi Noem)Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (Sirytsyn, Aliaksandr) |
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