Peng v. U.S. Citizenship and Immigration Services (USCIS) et al
P Peng |
U.S. Citizenship and Immigration Services (USCIS), New York Asylum Office, USCIS, Director Ur M. Jaddou, Secretary Alejandro Mayorkas, Associate Director Ted H. Kim, Director Patricia Menges, Ur M. Jaddou, Alejandro Mayorkas, Ted H. Kim and Patricia Menges |
2:2023cv07722 |
October 16, 2023 |
US District Court for the Eastern District of New York |
James M Wicks |
Other Immigration Actions |
28 U.S.C. ยง 1361 Petition for Writ of Mandamus |
None |
Docket Report
This docket was last retrieved on November 22, 2023. A more recent docket listing may be available from PACER.
Document Text |
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ORDER DISMISSING CASE: This action is dismissed without prejudice, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), with each party bearing its own costs, expenses and fees. So Ordered by Magistrate Judge James M. Wicks on 11/22/2023. (DF) |
Filing 8 STIPULATION of Dismissal Without Prejudice by Ur M. Jaddou, Ted H. Kim, Alejandro Mayorkas, Patricia Menges, New York Asylum Office, USCIS, U.S. Citizenship and Immigration Services (USCIS) (DePaul, Philip) |
Filing 7 SUMMONS Returned Executed by P Peng. Ur M. Jaddou served on 10/25/2023, answer due 12/25/2023; Ted H. Kim served on 10/25/2023, answer due 12/25/2023; Alejandro Mayorkas served on 10/25/2023, answer due 12/25/2023; Patricia Menges served on 10/25/2023, answer due 12/25/2023; New York Asylum Office, USCIS served on 10/25/2023, answer due 12/25/2023; U.S. Citizenship and Immigration Services (USCIS) served on 10/25/2023, answer due 12/25/2023. (Milch, Aleksander) |
ORDER TO SHOW CAUSE. On or before January 2, 2024, Defendants are directed to show cause, in writing, why a writ of mandamus should not be issued and Defendants counsel shall serve a copy of their response upon Plaintiff with proof of service to the Clerk of this Court. In addition, on or before February 1, 2024, Plaintiff shall file a reply, if any, with the Clerk of the Court and serve a copy upon Defendants. On or before the reply date, parties are to file the notice of option to consent to magistrate judge jurisdiction (ECF No. #3 ). The Clerk of the Court is to serve a copy of this Order and the complaint via ECF to the Defendants counsel and mail a copy to Plaintiff. So Ordered by Magistrate Judge James M. Wicks on 11/3/2023. (HM) |
Filing 6 NOTICE of Appearance by Philip R. DePaul on behalf of All Defendants (aty to be noticed) (DePaul, Philip) |
Filing 5 Summons Issued as to Ur M. Jaddou, Ted H. Kim, Alejandro Mayorkas, Patricia Menges, New York Asylum Office, USCIS, U.S. Citizenship and Immigration Services (USCIS), U.S. Attorney and U.S. Attorney General (AMF) |
NOTICE: This case has been assigned to a Magistrate Judge pursuant to the Court's Direct Assignment Pilot Program, which is governed by Administrative Order 2023-23. The Administrative Order, answers to Frequently Asked Questions about the Pilot Program, information about consenting to a Magistrate Judge, and a biography of the Magistrate Judge assigned to this case are on the Court's website: https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. (DF) |
Filing 4 Proposed Summons. Re #1 Complaint,, by P Peng (Milch, Aleksander) |
Filing 3 Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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 is also available here: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. (LJ) |
Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) |
Case Assigned to Magistrate Judge James M. Wicks. 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. (LJ) |
A summons was not issued for the following reason: No summons provided, please submit summons. The event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (LJ) |
Filing 1 COMPLAINT against Ur M. Jaddou, Ted H. Kim, Alejandro Mayorkas, Patricia Menges, New York Asylum Office, USCIS, U.S. Citizenship and Immigration Services (USCIS) filing fee $ 402, receipt number ANYEDC-17188387 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by P Peng. (Attachments: #1 Exhibit Exhibit A--USCIS Filing Receipt, #2 Exhibit Exhibit B--Demand Letter to New York Asylum Office, #3 Exhibit Exhibit C--USCIS Policy Statement Release, #4 Civil Cover Sheet Civil Cover Sheet) (Milch, Aleksander) |
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