Al Zawqari v. Garland et al
| Faisal Ayedh Al Zawqari |
| Merrick Garland, Ur Mendoza Jaddou and Michael Klinger |
| 1:2023cv06868 |
| September 15, 2023 |
| US District Court for the Eastern District of New York |
| Orelia E Merchant |
| Other Immigration Actions |
| 28 U.S.C. ยง 1361 Petition for Writ of Mandamus |
| None |
Docket Report
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| Filing 7 CLERK'S JUDGMENT: It is ORDERED and ADJUDGED that Plaintiffs Complaint and all claims therein are hereby remanded to United States Citizenship and Immigration Services (USCIS) pursuant to 8 U.S.C. 1447(b), without costs, expenses, or attorneys fees to any party; that this remand is without prejudice to Plaintiffs right to reinstate this action if USCIS does not render a decision on Plaintiffs Application for Naturalization (Form N-400) and Plaintiffs Petition to Remove Conditions on Residence (Form I-751) within sixty (60) days of this Stipulation and Order of Remand being so-ordered by the Court; and that if Plaintiff fails to reinstate this action between 61 and 90 days from the date this Stipulation and Order of Remand is so-ordered, this action shall be deemed to be dismissed with prejudice. Signed by Brenna B. Mahoney, Clerk of Court by Jalitza Poveda, Deputy Clerk on 10/23/2023. (JVC) |
ORDER granting #6 MOTION to Remand to Agency to USCIS. Parties stipulate to the following: Defendants' motion to remand this matter to United States Citizenship and Immigration Services ("USCIS") is granted. USCIS must adjudicate Plaintiff's Form N-400 application for naturalization and Form I-751 within sixty-days (60) of this so order. If USCIS fails to do so, Plaintiff may reinstate this action without prejudice. However, if Plaintiff fails to reinstate this action between sixty-one (61) and ninety (90) days from the date this Stipulation and Order of Remand is so ordered, this action shall be deemed to be dismissed with prejudice. The Clerk of the Court shall enter a judgment in accordance with this Stipulation and Order of Remand. So Ordered by Judge Orelia E. Merchant on 10/20/2023. (GM)
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| Filing 6 MOTION to Remand to Agency to USCIS - Stipulation and Order of Remand respectfully submitted for this Court's endorsement by Merrick Garland, Ur Mendoza Jaddou, Michael Klinger. (McGarvey-DePuy, Mary) |
| Filing 5 NOTICE of Appearance by Mary McGarvey-DePuy on behalf of All Defendants (aty to be noticed) (McGarvey-DePuy, Mary) |
| Incorrect Case/Document/Entry Information. U.S. Attorneys Office contacted the clerks office to advise that an incorrect had been filed in this case. Notice of Appearance removed. (FP) |
| Filing 4 Summons Issued as to All Defendants, U.S. Attorney and U.S. Attorney General (AF) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (AF) |
| Filing 2 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. (AF) |
| Case Assigned to Judge Orelia E. Merchant. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (AF) Modified on 9/19/2023 (AF). |
| Filing 1 COMPLAINT for Declaratory and Injunctive Relief and Petition for Writ of Mandamus against Merrick Garland, Ur Mendoza Jaddou, Michael Klinger filing fee $ 402, receipt number ANYEDC-17089578 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Faisal Ayedh Al Zawqari. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Proposed Summons, #6 Civil Cover Sheet) (Urena, Rafael) |
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