Cao v. United States Citizenship and Immigration Service Office of the General Counsel et al
| Weirong Cao |
| United States Citizenship and Immigration Service Office of the General Counsel, United States Citizenship and Immigration Service Attorney General of the USA and United States Attorney for the Eastern District of New York Office of the United States Attorney |
| 1:2022cv05303 |
| September 7, 2022 |
| US District Court for the Eastern District of New York |
| Rachel P Kovner |
| Other Immigration Actions |
| 28 U.S.C. ยง 1361 Petition for Writ of Mandamus |
| None |
Docket Report
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| Document Text |
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ORDER DISMISSING CASE: The Court construes plaintiffs request to withdraw the case at #8 as a motion to voluntarily dismiss this case pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). So construed, the motion is granted. Ordered by Judge Rachel P. Kovner on 10/19/2022. (de Carvalho, Simon)
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ORDER TO SHOW CAUSE: On 10/14/2022, defendants notified the Court that plaintiff has been issued an interview notice in connection with her I-589 asylum application. See Dkt. #7-1. Courts in this district have found that issuance of an interview notice renders moot a suit to compel adjudication of an immigration application. See Yusupov v. Mayorkas, No. 21-CV-4066 (EK), 2021 WL 6105720, at *1 (E.D.N.Y. Dec. 23, 2021); cf. Ye v. Kelly, No. 17-CV-3010 (BMC), 2017 WL 2804932, at *2 (E.D.N.Y. June 28, 2017) ("Plaintiff brought this action for mandamus because defendants were allegedly refusing to act.... Plaintiff, however, has received what she wanted--action--and... that is all she can expect at this point. If the time comes in the future where there is another delay that plaintiff believes is illegal, plaintiff will be free to commence another proceeding to challenge that delay."). By 10/31/2022, plaintiff is directed to clarify whether she intends to continue the litigation in light of defendants' issuance of an interview notice. If so, plaintiff shall explain why the complaint should not be dismissed as moot. Plaintiff shall also clarify whether she is represented by counsel. Ordered by Judge Rachel P. Kovner on 10/17/2022. (SDC)
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| Filing 8 MOTION to Withdraw Case by Weirong Cao. (IH) |
| Filing 7 MOTION to Dismiss or in the alternative, direct Plaintiff to clarify representation status and extend Defendants' time to answer, move or otherwise respond to the Complaint from November 15, 2022, the current deadline, to 30 days after that clarification occurs by United States Attorney for the Eastern District of New York Office of the United States Attorney, United States Citizenship and Immigration Service Attorney General of the USA, United States Citizenship and Immigration Service Office of the General Counsel. (Attachments: #1 Exhibit A) (Gruzenski, Nairi) |
| Filing 6 SUMMONS Returned Executed by Weirong Cao. United States Attorney for the Eastern District of New York Office of the United States Attorney served on 9/13/2022, answer due 11/12/2022; United States Citizenship and Immigration Service Attorney General of the USA served on 9/13/2022, answer due 11/12/2022; United States Citizenship and Immigration Service Office of the General Counsel served on 9/13/2022, answer due 11/12/2022. (Herrera, Isaiah) |
| Filing 5 NOTICE of Appearance by Nairi Simonian Gruzenski on behalf of All Defendants (aty to be noticed) (Gruzenski, Nairi) |
| Filing 4 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
| Filing 3 FILING FEE: $ 402.00, receipt number 100001302 (Bowens, Priscilla) |
| Filing 2 Summons Issued as to All Defendants, U.S. Attorney and U.S. Attorney General (Bowens, Priscilla) |
| Filing 1 COMPLAINT against All Defendants, filed by Weirong Cao. (Attachments: #1 Civil Cover Sheet) (Bowens, Priscilla) |
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| Plaintiff: Weirong Cao | |
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| Defendant: United States Citizenship and Immigration Service Office of the General Counsel | |
| Represented By: | Nairi Simonian Gruzenski |
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| Defendant: United States Citizenship and Immigration Service Attorney General of the USA | |
| Represented By: | Nairi Simonian Gruzenski |
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| Defendant: United States Attorney for the Eastern District of New York Office of the United States Attorney | |
| Represented By: | Nairi Simonian Gruzenski |
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