Wang v. USCIS Office of the General Counsel et al
| Xiuhui Wang |
| USCIS Attorney General of the USA, United States Attorney for the Eastern District of NY - Office of the United States Attorney and USCIS Office of the General Counsel |
| 1:2024cv05511 |
| August 7, 2024 |
| 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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This docket was last retrieved on September 16, 2024. A more recent docket listing may be available from PACER.
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| Filing 7 NOTICE of Voluntary Dismissal by USCIS Attorney General of the USA, USCIS Office of the General Counsel, United States Attorney for the Eastern District of NY - Office of the United States Attorney Stipulation of Dismissal Without Prejudice (Shweder, Sylvia) |
ORDER DISMISSING CASE: The #7 stipulation of dismissal is so-ordered. Ordered by Judge Rachel P. Kovner on 9/16/2024. (AC)
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ORDER: In their #6 letter, defendants have request[ed] clarification as to how they should communicate with the pro se Plaintiff because plaintiff has supplied a mailing address, telephone number, and e-mail address that have also been provided by litigants in a number of other cases. Plaintiff has represented that she is proceeding pro se in this action. See [1-1] Civil Cover Sheet. Defendants are directed to communicate with plaintiff at the contact information provided, including by sending a copy of #6 letter. In the event that an attorney is representing plaintiff, the attorney should file a notice of appearance. Defendants motion for an extension of time to answer the complaint is denied.Additionally, by 9/20/2024, plaintiff is directed to file a letter clarifying whether plaintiff intends to continue this litigation in light of defendants representation that plaintiff has been issued an interview notice in connection with her I-589 asylum application. If so, plaintiff must explain why the complaint should not be dismissed as moot. See 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."). Ordered by Judge Rachel P. Kovner on 9/4/2024. (AC)
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| Filing 6 First MOTION for Extension of Time to File Answer re #1 Complaint, and for clarification regarding contacting Plaintiff by USCIS Attorney General of the USA, USCIS Office of the General Counsel, United States Attorney for the Eastern District of NY - Office of the United States Attorney. (Shweder, Sylvia) |
| Filing 5 SUMMONS Returned Executed by Xiuhui Wang. USCIS Attorney General of the USA served on 8/7/2024, answer due 10/7/2024; USCIS Office of the General Counsel served on 8/7/2024, answer due 10/7/2024; United States Attorney for the Eastern District of NY - Office of the United States Attorney served on 8/7/2024, answer due 10/7/2024. (IH) |
| Filing 4 NOTICE of Appearance by Sylvia Shweder on behalf of All Defendants (aty to be noticed) (Shweder, Sylvia) |
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SCHEDULING ORDER: An initial conference will be held by telephone before Judge Rachel P. Kovner on 10/31/2024 at 2:00 PM. The parties are directed to call (571) 353-2301 and type in the access code 070896324 to join the conference. Ordered by Judge Rachel P. Kovner on 6/6/2024. (SP)
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| Filing 3 Summons Issued as to USCIS Attorney General of the USA, USCIS Office of the General Counsel, United States Attorney for the Eastern District of NY - Office of the United States Attorney, U.S. Attorney and U.S. Attorney General (KD) |
| Filing 2 FILING FEE: $ 405.00, receipt number 100016046 (KD) |
| Filing 1 COMPLAINT against USCIS Attorney General of the USA, USCIS Office of the General Counsel, United States Attorney for the Eastern District of NY - Office of the United States Attorney, filed by Xiuhui Wang. (Attachments: #1 Civil Cover Sheet) (KD) |
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