Jagitay v. U.S. Department of Homeland Security et al
Plaintiff: Mohamed Jagitay
Defendant: Chad Wolf, U.S. Department of Homeland Security, Kenneth Cuccinelli, U.S. Citizenship and Immigration Services, Michael Klinger and Timothy Houghton
Case Number: 1:2020cv11071
Filed: December 30, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: P Kevin Castel
Nature of Suit: Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Cause of Action: 05 U.S.C. § 551
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 1, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 1, 2021 Filing 17 CONSENT LETTER addressed to Judge P. Kevin Castel from Joshua Kahane dated 3/1/21 re: extension of time of 30 days to respond to the complaint. Document filed by Kenneth Cuccinelli, Timothy Houghton, Michael Klinger, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, Chad Wolf..(Kahane, Joshua)
February 4, 2021 Filing 16 NOTICE OF APPEARANCE by Joshua Evan Kahane on behalf of Kenneth Cuccinelli, Timothy Houghton, Michael Klinger, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, Chad Wolf..(Kahane, Joshua)
January 14, 2021 Opinion or Order Filing 15 ORDER granting #13 Motion for Amanda R. Stanzione to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence)
January 14, 2021 Opinion or Order Filing 14 ORDER granting #12 Motion for Sohom Datta to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence)
January 13, 2021 Filing 13 MOTION for Amanda R. Stanzione to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23499528. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Mohamed Jagitay. (Attachments: #1 Declaration of Amanda R. Stanzione in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order, #4 Certificate of Service).(Stanzione, Amanda)
January 13, 2021 Filing 12 MOTION for Sohom Datta to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23499369. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Mohamed Jagitay. (Attachments: #1 Declaration of Sohom Datta in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order, #4 Certificate of Service).(Datta, Sohom)
January 13, 2021 Filing 11 NOTICE OF APPEARANCE by Sindhu Boddu on behalf of Mohamed Jagitay. (Attachments: #1 Certificate of Service).(Boddu, Sindhu)
January 13, 2021 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 MOTION for Sohom Datta to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23499369. Motion and supporting papers to be reviewed by Clerk's Office staff., #13 MOTION for Amanda R. Stanzione to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23499528. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
January 12, 2021 Filing 10 AFFIDAVIT OF SERVICE of Summons and Complaint served on Audrey Strauss, Acting United States Attorney for the Southern District of New York on 1/6/2021. Document filed by Mohamed Jagitay..(Malionek, Robert)
January 12, 2021 Filing 9 AFFIDAVIT OF SERVICE of Summons and Complaint served on Jeffrey Rosen, Attorney General of the United States on 1/8/2021. Document filed by Mohamed Jagitay..(Malionek, Robert)
January 11, 2021 Filing 8 SUMMONS RETURNED EXECUTED. Kenneth Cuccinelli served on 1/6/2021, answer due 3/8/2021; Timothy Houghton served on 1/6/2021, answer due 3/8/2021; Michael Klinger served on 1/6/2021, answer due 3/8/2021; U.S. Citizenship and Immigration Services served on 1/6/2021, answer due 3/8/2021; U.S. Department of Homeland Security served on 1/6/2021, answer due 3/8/2021; Chad Wolf served on 1/6/2021, answer due 3/8/2021. Service was made by Certified Mail. Document filed by Mohamed Jagitay..(Malionek, Robert)
January 11, 2021 Filing 7 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #8) - SUMMONS RETURNED EXECUTED. Kenneth Cuccinelli served on 1/6/2020, answer due 1/27/2020; Timothy Houghton served on 1/6/2020, answer due 1/27/2020; Michael Klinger served on 1/6/2020, answer due 1/27/2020; U.S. Citizenship and Immigration Services served on 1/6/2020, answer due 1/27/2020; U.S. Department of Homeland Security served on 1/6/2020, answer due 1/27/2020; Chad Wolf served on 1/6/2020, answer due 1/27/2020. Service was made by Certified Mail. Document filed by Mohamed Jagitay..(Malionek, Robert) Modified on 1/12/2021 (ldi).
January 6, 2021 Filing 6 NOTICE OF APPEARANCE by Elizabeth Mary Rieser-Murphy on behalf of Mohamed Jagitay..(Rieser-Murphy, Elizabeth)
January 6, 2021 Opinion or Order Filing 5 ORDER: The government shall respond to the Complaint within 60 days. (Signed by Judge P. Kevin Castel on 1/6/2021) (jwh)
January 4, 2021 Filing 4 ELECTRONIC AMENDED SUMMONS ISSUED as to Kenneth Cuccinelli, Timothy Houghton, Michael Klinger, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, Chad Wolf, U.S. Attorney and U.S. Attorney General..(gp) (Main Document 4 replaced on 1/5/2021) (gp).
January 4, 2021 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge P. Kevin Castel. 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..(gp)
January 4, 2021 Magistrate Judge Debra C. Freeman is so designated. 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. (gp)
January 4, 2021 Case Designated ECF. (gp)
December 30, 2020 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, Chad Wolf (in his official capacity as Acting Secretary of Homeland Security), Kenneth Cuccinelli (in his official capacity as Senior Official Performing the Duties of the Director for USCIS), Timothy Houghton (in his official capacity as Director of the U.S. Citizenship and Immigration Services New York Field Office), and Michael Klinger (in his official capacity as Director of the U.S. Citizenship and Immigration Services Detroit Field Office), re: #1 Complaint,,,,,,,,,,. Document filed by Mohamed Jagitay..(Malionek, Robert)
December 30, 2020 Filing 2 CIVIL COVER SHEET filed..(Malionek, Robert)
December 30, 2020 Filing 1 COMPLAINT against Kenneth Cuccinelli, Timothy Houghton, Michael Klinger, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, Chad Wolf. (Filing Fee $ 402.00, Receipt Number ANYSDC-23274427)Document filed by Mohamed Jagitay. (Attachments: #1 Exhibit 1 - 2017 I-290B, #2 Exhibit 1-A - Birth Certificate, #3 Exhibit 1-B - INS Arrival Memo and Notice to Appear, #4 Exhibit 1-C - Removal Order, #5 Exhibit 1-D - BIA Affirmation of Removal Order, #6 Exhibit 1-E - INS SIJS Recommendation Letter, #7 Exhibit 1-F - INS Feb. 2003 Letter, #8 Exhibit 1-G - INS March 2003 Letter, #9 Exhibit 1-H - Order of SIJ Disposition, #10 Exhibit 1-I - 2003 I-360 Petition, #11 Exhibit 1-J - I-360 Money Order, #12 Exhibit 1-K - I-360 Receipt and Notice Letter, #13 Exhibit 1-L - I-797 Approval Notice #1, #14 Exhibit 1-M - 2004 I-485 Application, #15 Exhibit 1-N - July 2, 2004 Notice of Action, #16 Exhibit 1-O - Sept. 7, 2004 USCIS Letter, #17 Exhibit 1-P - Sept. 27, 2004 Receipt Notice, #18 Exhibit 1-Q - Fingerprint Notice, #19 Exhibit 1-R - Interview Notice, #20 Exhibit 1-S - June 22, 2006 USCIS Letter, #21 Exhibit 1-T - I-485 Denial Screenshot, #22 Exhibit 1-U - FOIA Request, #23 Exhibit 1-V - USCIS Policy Memo, #24 Exhibit 1-W - FOIA Response, #25 Exhibit 1-AA - DACA Approval Notice, #26 Exhibit 1-BB - 2013 I-290B, #27 Exhibit 1-CC - 2013 I-290B Approval Notice, #28 Exhibit 1-DD - Oct. 29, 2013 Email, #29 Exhibit 1-EE - Nov. 26, 2013 Email, #30 Exhibit 1-FF - I-797 Approval Notice #3, #31 Exhibit 1-GG - June 27, 2014 BIA Order, #32 Exhibit 1-HH - 2014 I-485 Application, #33 Exhibit 1-JJ - NOID, #34 Exhibit 1-KK - NOID Response, #35 Exhibit 1-MM - I-485 Denial Notice, #36 Exhibit 1-NN - Aff. of Kevin Cobb, #37 Exhibit 1-OO - Aff. of Veronica Thronson, #38 Exhibit 1-PP - Aff. of Elissa Steglich, #39 Exhibit 1-QQ - Aff. of Virginia Norkevicius, #40 Exhibit 1-RR - Aff. of Kristen Jackson, #41 Exhibit 2 - I-290B Denial Notice, #42 Exhibit 3 - I-290B Appeal, #43 Exhibit 4 - I-290B Appeal Receipt Notice, #44 Exhibit 5 - I-290B Appeal Supporting Materials, #45 Exhibit 6 - Chicago Lockbox Rejection Notice, #46 Exhibit 7 - Cover Letter to NBC, #47 Exhibit 8 - I-290B Transfer Notice, #48 Exhibit 9 - Oct. 11, 2019 Email, #49 Exhibit 10 - Appeal Termination Screenshot, #50 Exhibit 11 - Letter Requesting Termination Notice, #51 Exhibit 12 - June 2020 Rejection Notice, #52 Exhibit 13 - Nov. 2020 Notice to Appear, #53 Exhibit 14 - Decl. of Sindhu Boddu).(Malionek, Robert)

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Defendant: Chad Wolf
Represented By: Joshua Evan Kahane
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Defendant: U.S. Department of Homeland Security
Represented By: Joshua Evan Kahane
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Defendant: Kenneth Cuccinelli
Represented By: Joshua Evan Kahane
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Defendant: U.S. Citizenship and Immigration Services
Represented By: Joshua Evan Kahane
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Defendant: Michael Klinger
Represented By: Joshua Evan Kahane
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Defendant: Timothy Houghton
Represented By: Joshua Evan Kahane
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Plaintiff: Mohamed Jagitay
Represented By: Robert John Malionek
Represented By: Sindhu Boddu
Represented By: Elizabeth Mary Rieser-Murphy
Represented By: Amanda R. Stanzione
Represented By: Sohom Datta
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