Ardon Salvajan v. USCIS et al
| Wilfrido N Ardon Salvajan |
| U.S. CITIZENSHIP AND IMMIGRATION SERVICES (USCIS), Asylum Office, USCIS, Director of USCIS Ur Mendoza Jaddou, TED H. KIM, MATTHEW D. EMRICH and Director Patricia Menges |
| United States |
| 1:2024cv11268 |
| May 13, 2024 |
| US District Court for the District of Massachusetts |
| Myong J Joun |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 551 Administrative Procedure Act |
| None |
Docket Report
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This docket was last retrieved on May 13, 2024. A more recent docket listing may be available from PACER.
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| Filing 32 ELECTRONIC NOTICE of Case Assignment. Judge Myong J. Joun assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Danieli, Chris) |
| Filing 31 Case transferred in from District of New York Southern; Case Number 1:24-cv-00794. |
Filing 30
STIPULATION AND ORDER TO TRANSFER VENUE: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the parties and their respective counsel, that: 1. This case shall be transferred, pursuant to 28 U.S.C. 1406(a), to the United States District Court for the District of Massachusetts; 2. The deadline for the defendants to submit their response to the complaint shall be tolled pending the establishment of a new case management schedule by the United States District Court for the District of Massachusetts; 3. This Stipulation and Order contains the entire agreement between the parties, and no statements, representations, promises, agreements, or negotiations, oral or otherwise, between the parties or their counsel that are not included herein shall be of any force or effect; and 4, This Stipulation and Order may be signed in counterparts, each of which constitutes an original and all of which constitute one and the same Stipulation and Order. Facsimiles and/or PDFs of signatures shall have the same force and effect as original signatures and constitute acceptable, binding signatures for purposes of this Stipulation and Order. SO ORDERED. (Signed by Judge Denise L. Cote on 5/10/2024) (vfr)
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| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of District of Massachusetts (vfr) |
| Filing 29 PROPOSED STIPULATION AND ORDER. Document filed by Asylum Office, USCIS, Matthew D. Emrich, Ted H Kim, Ur Mendoza Jaddou, Patricia Menges, U.S. Citizenship and Immigration Services (USCIS)..(Beamer, Monica) |
| Filing 28 NOTICE OF APPEARANCE by Monica M Beamer on behalf of Asylum Office, USCIS, Matthew D. Emrich, Ted H Kim, Ur Mendoza Jaddou, Patricia Menges, U.S. Citizenship and Immigration Services (USCIS)..(Beamer, Monica) |
| Filing 27 AFFIDAVIT OF SERVICE of Summons and Complaint/Petition in the Nature of Mandamus,. United States served on 4/19/2024, answer due 5/10/2024. Service was made by Mail. Document filed by Wilfrido N Ardon Salvajan..(Mackenzie, Charles) |
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Filing 26
ORDER: It is hereby ORDERED that the plaintiff shall serve the United States by May 1, 2024 or this case shall be dismissed without prejudice. ( Service due by 5/1/2024.) (Signed by Judge Denise L. Cote on 4/16/2024) (vfr)
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| Filing 25 RESPONSE TO ORDER TO SHOW CAUSE re: #24 Order to Show Cause. Document filed by Wilfrido N Ardon Salvajan..(Mackenzie, Charles) |
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Filing 24
ORDER: Accordingly, it is hereby ORDERED that the plaintiff show cause by April 11, 2024 why this action should not be dismissed for failure to comply with Rule 4(i), Fed. R. Civ. P. (Signed by Judge Denise L. Cote on 4/8/2024) (vfr)
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| Filing 23 RESPONSE TO ORDER TO SHOW CAUSE re: #21 Order to Show Cause,. Document filed by Wilfrido N Ardon Salvajan..(Mackenzie, Charles) |
| Filing 22 AFFIDAVIT OF SERVICE. All Defendants. Service was made by Mail. Document filed by Wilfrido N Ardon Salvajan..(Mackenzie, Charles) |
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Filing 21
ORDER: Accordingly, it is hereby ORDERED that the plaintiff show cause by April 11, 2024 why this action should not be dismissed for failure to comply with Rule 4(i), Fed. R. Civ. P. IT IS FURTHER ORDERED that the initial pretrial conference scheduled on April 5, 2024 is cancelled. (Signed by Judge Denise L. Cote on 4/4/2024) (vfr)
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| Filing 20 ELECTRONIC SUMMONS ISSUED as to Asylum Office, USCIS..(jgo) |
| Filing 19 REQUEST FOR ISSUANCE OF SUMMONS as to Asylum Office USCIS, re: #6 Complaint/Petition in the Nature of Mandamus,. Document filed by Wilfrido N Ardon Salvajan..(Mackenzie, Charles) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Charles Rudd Mackenzie to RE-FILE Document No. #18 Request for Issuance of Summons. The filing is deficient for the following reason(s): Summons Caption Error. Defendant party name error listed on Summons Caption PDF. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf) |
| Filing 18 FILING ERROR - DEFICIENT - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Asylum Office USCIS, re: #6 Complaint/Petition in the Nature of Mandamus,. Document filed by Wilfrido N Ardon Salvajan..(Mackenzie, Charles) Modified on 3/11/2024 (vf). |
| Filing 17 ELECTRONIC SUMMONS ISSUED as to U.S. Citizenship and Immigration Services (USCIS)..(jgo) |
| Filing 16 ELECTRONIC SUMMONS ISSUED as to Ur Mendoza Jaddou..(jgo) |
| Filing 15 ELECTRONIC SUMMONS ISSUED as to Ted H Kim..(jgo) |
| Filing 14 ELECTRONIC SUMMONS ISSUED as to Patricia Menges..(jgo) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to Matthew D. Emrich..(jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Charles Rudd Mackenzie to RE-FILE Document No. #8 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; party name on the docket ext and the PDF 'To' section does not match as it appears on the pleading. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) |
| Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to Patricia Menges, re: #6 Complaint/Petition in the Nature of Mandamus,. Document filed by Wilfrido N Ardon Salvajan..(Mackenzie, Charles) |
| Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to Matthew D. Emrich, re: #6 Complaint/Petition in the Nature of Mandamus,. Document filed by Wilfrido N Ardon Salvajan..(Mackenzie, Charles) |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to Ted H. Kim, re: #6 Complaint/Petition in the Nature of Mandamus,. Document filed by Wilfrido N Ardon Salvajan..(Mackenzie, Charles) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Ur Mendoza Jaddou, re: #6 Complaint/Petition in the Nature of Mandamus,. Document filed by Wilfrido N Ardon Salvajan..(Mackenzie, Charles) |
| Filing 8 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to New York Asylum Office, re: #6 Complaint/Petition in the Nature of Mandamus,. Document filed by Wilfrido N Ardon Salvajan..(Mackenzie, Charles) Modified on 3/5/2024 (jgo). |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to USCIS, re: #6 Complaint/Petition in the Nature of Mandamus,. Document filed by Wilfrido N Ardon Salvajan..(Mackenzie, Charles) |
| Filing 6 FIRST COMPLAINT IN THE NATURE OF MANDAMUS against Asylum Office, USCIS, Matthew D. Emrich, Ted H Kim, Ur Mendoza Jaddou, Patricia Menges, U.S. Citizenship and Immigration Services (USCIS).Document filed by Wilfrido N Ardon Salvajan..(Mackenzie, Charles) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Charles Rudd Mackenzie to RE-FILE Document No. #4 Complaint/Petition in the Nature of Mandamus. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected. Re-file the pleading using the event type Complaint/Petition in the Nature of Mandamus found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (gp) |
| Filing 5 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 4/5/2024 at 03:00 PM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 2/5/2024) (vfr) |
| Filing 4 FILING ERROR - DEFICIENT PLEADING FILED AGAINST PARTY ERROR FIRST COMPLAINT IN THE NATURE OF MANDAMUS against U.S. Citizenship and Immigration Services (USCIS).Document filed by Wilfrido N Ardon Salvajan..(Mackenzie, Charles) Modified on 2/6/2024 (gp). |
| Filing 3 CIVIL COVER SHEET filed..(Mackenzie, Charles) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Charles Rudd Mackenzie. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 540 (Mandamus & Other); Arbitration code e (Exempt); Fee Status code due (due);. The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 899 (Other Statutes: Admin. Proced. Act/Review or Appeal of Agency Decision)); the Arbitration code has been deleted; the Fee Status code has been modified to pd (paid);. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Charles Rudd Mackenzie to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated October 1, 2020;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Charles Rudd Mackenzie to RE-FILE Document No. #1 Complaint/Petition in the Nature of Mandamus,. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected;. Re-file the pleading using the event type Complaint/Petition in the Nature of Mandamus found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Charles Rudd Mackenzie. The party information for the following party/parties has been modified: USCIS; NY Asylum Office; UR JADDOU; Ted H Kim; Patricia A. Menges; Matthew D. Emrich. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered in all caps; party role was entered incorrectly; party text was omitted;. (jgo) |
| Magistrate Judge Sarah L. Cave is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo) |
| Case Designated ECF. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Denise L. Cote. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Mackenzie, Charles) Modified on 2/5/2024 (jgo). |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR FIRST COMPLAINT IN THE NATURE OF MANDAMUS against Wilfrido N Ardon Salvajan (Filing Fee $ 405.00, Receipt Number ANYSDC-28898971).Document filed by Wilfrido N Ardon Salvajan..(Mackenzie, Charles) Modified on 2/5/2024 (jgo). |
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