Yan v. Garland et al
Plaintiff: Hong Yan
Defendant: Merrick B. Garland, Secretary Alejandro Mayorkas, Director, USCIS Ur M. Jaddou, Kathy A. Baran, Alejandro Mayorkas and Ur M. Jaddou
Case Number: 1:2022cv07290
Filed: August 26, 2022
Court: US District Court for the Southern District of New York
Presiding Judge: P Kevin Castel
Nature of Suit: Other Immigration Actions
Cause of Action: 28 U.S.C. § 1361 Petition for Writ of Mandamus
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 18, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 18, 2022 Opinion or Order Filing 14 ORDER: granting #13 Letter Motion for Extension of Time. Government's time to respond is extended to January 9, 2023. November 28 conference is adjourned to February 6, 2023 at 11:00 a.m. The conference will proceed telephonically. Dial-In No.: 1-888-363-4749, Access Code: 3667981. SO ORDERED. (Signed by Judge P. Kevin Castel on 10/18/2022) (ama)
October 18, 2022 Set/Reset Deadlines: Kathy A. Baran answer due 1/9/2023; Merrick B. Garland answer due 1/9/2023; Ur M. Jaddou answer due 1/9/2023; Alejandro Mayorkas answer due 1/9/2023., Set/Reset Hearings:( Initial Conference set for 2/6/2023 at 11:00 AM before Judge P. Kevin Castel.) (ama)
October 18, 2022 Filing 13 CONSENT LETTER MOTION for Extension of Time addressed to Judge P. Kevin Castel from Joshua S. Press dated October 18, 2022. Document filed by Kathy A. Baran, Merrick B. Garland, Ur M. Jaddou, Alejandro Mayorkas..(Press, Joshua)
September 23, 2022 Filing 12 NOTICE OF APPEARANCE by Joshua Samuel Press on behalf of Kathy A. Baran, Merrick B. Garland, Ur M. Jaddou, Alejandro Mayorkas..(Press, Joshua)
September 15, 2022 Filing 11 CERTIFICATE OF SERVICE of Summons and Complaint/Petition in the Nature of Mandamus,. Kathy A. Baran served on 9/6/2022, answer due 9/27/2022; Merrick B. Garland served on 9/6/2022, answer due 9/27/2022; Ur M. Jaddou served on 9/6/2022, answer due 9/27/2022; Alejandro Mayorkas served on 9/6/2022, answer due 9/27/2022. Service was made by Mail. Document filed by Hong Yan..(Francis, Clement)
September 2, 2022 Opinion or Order Filing 10 ORDER INITIAL PRETRIAL CONFERENCE: COUNSEL FOR PLAINTIFF (OR THE REMOVING DEFENDANT) SHALL IMMEDIATELY SEND A COPY OF THIS ORDER TO ALL PARTIES. Counsel for all parties shall appear for an Initial Pretrial Conference, held pursuant to Rule 16 of the Federal Rules of Civil Procedure, October 24, 2022 at 10:30 a.m. Principal trial counsel shall appear at this and all subsequent conferences. The call-in information for all teleconferences is: Dial-in: (888) 363-4749; Access Code: 3667981. And as set forth herein. SO ORDERED. Initial Conference set for 10/24/2022 at 10:30 AM before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 9/01/2022) (ama)
September 2, 2022 Filing 9 ELECTRONIC SUMMONS ISSUED as to Kathy A. Baran, Merrick B. Garland, Ur M. Jaddou, Alejandro Mayorkas..(gp)
September 2, 2022 Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Kathy A. Baran, Merrick B. Garland, Ur M. Jaddou, Alejandro Mayorkas, re: #6 Complaint/Petition in the Nature of Mandamus,. Document filed by Hong Yan..(Francis, Clement)
August 31, 2022 Magistrate Judge Jennifer Willis 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. (pc)
August 31, 2022 Case Designated ECF. (pc)
August 31, 2022 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Clement A. Francis to RE-FILE Document No. #7 Request for Issuance of Summons,. The filing is deficient for the following reason(s): Attorney info is blank;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc)
August 31, 2022 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..(pc)
August 30, 2022 Filing 7 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Kathy A. Baran, Merrick B. Garland, Ur M. Jaddou, Alejandro Mayorkas, re: #6 Complaint/Petition in the Nature of Mandamus,. Document filed by Hong Yan..(Francis, Clement) Modified on 8/31/2022 (pc).
August 30, 2022 Filing 6 FIRST PETITION IN THE NATURE OF MANDAMUS against Kathy A. Baran, Merrick B. Garland, Ur M. Jaddou, Alejandro Mayorkas.Document filed by Hong Yan. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G).(Francis, Clement)
August 30, 2022 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Clement A. Francis to RE-FILE Document No. #4 Complaint/Petition in the Nature of Mandamus. The filing is deficient for the following reason(s): the wrong event type was used to file the pleading;. Re-file the pleading using the event type Petition in the Nature of Mandamus found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 9/6/2022. (pc)
August 30, 2022 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Clement A. Francis to RE-FILE Document No. #5 Request for Issuance of Summons. The filing is deficient for the following reason(s): The summons requested was not processed due to the deficient pleading;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc)
August 29, 2022 Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Kathy A. Baran, Merrick B. Garland, Ur M. Jaddou, Alejandro Mayorkas, re: #4 Complaint/Petition in the Nature of Mandamus. Document filed by Hong Yan..(Francis, Clement)
August 29, 2022 Filing 4 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST COMPLAINT IN THE NATURE OF MANDAMUS against Kathy A. Baran, Merrick B. Garland, Ur M. Jaddou, Alejandro Mayorkas.Document filed by Hong Yan..(Francis, Clement) Modified on 8/30/2022 (pc).
August 29, 2022 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Clement A. Francis to RE-FILE Document No. #3 Complaint,. The filing is deficient for the following reason(s): the wrong event type was used to file the pleading;. Re-file the pleading using the event type Complaint/Petition in the Nature of Mandamus found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 9/6/2022. (pc)
August 29, 2022 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Clement A. Francis. The following case opening statistical information was erroneously selected/entered: County code Orange;. The following correction(s) have been made to your case entry: the County code has been modified to Kings;. (pc)
August 29, 2022 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Clement A. Francis to RE-FILE Document No. #2 Request for Issuance of Summons,. The filing is deficient for the following reason(s): The summons requested was not processed due to the deficient pleading;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc)
August 29, 2022 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Clement A. Francis. The party information for the following party/parties has been modified: Kathy A. Baran, Merrick B. Garland, Ur M. Jaddou, Alejandro Mayorkas. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc)
August 26, 2022 Filing 3 FILING ERROR - DEFICIENT PLEADING - WRONG EVENT TYPE SELECTED FROM MENU - COMPLAINT against Kathy A. Baran, Merrick B. Garland, Ur M. Jaddou, Alejandro Mayorkas. (Filing Fee $ 402.00, Receipt Number ANYSDC-26598088)Document filed by Hong Yan. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G).(Francis, Clement) Modified on 8/29/2022 (pc).
August 26, 2022 Filing 2 FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to Merrick B. Garland; Alejandro Mayorkas; Ur M. Jaddou; Kathy A. Baran, re: Complaint. Document filed by Hong Yan..(Francis, Clement) Modified on 8/29/2022 (pc).
August 26, 2022 Filing 1 CIVIL COVER SHEET filed..(Francis, Clement)

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Plaintiff: Hong Yan
Represented By: Clement A. Francis
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Defendant: Merrick B. Garland
Represented By: Joshua Samuel Press
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Defendant: Secretary Alejandro Mayorkas
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Defendant: Director, USCIS Ur M. Jaddou
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Defendant: Kathy A. Baran
Represented By: Joshua Samuel Press
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Defendant: Alejandro Mayorkas
Represented By: Joshua Samuel Press
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Defendant: Ur M. Jaddou
Represented By: Joshua Samuel Press
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