P.K. v. United States Citizenship and Immigration Services (USCIS) et al
| P.K. |
| United States Citizenship and Immigration Services (USCIS), Newark Asylum Office (USCIS), Alejandro Mayorkas, Ur Mendoza Jaddou, Ted H. Kim, Connie Nolan and John Thompson |
| 1:2024cv00372 |
| January 18, 2024 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Lewis A Kaplan |
| Robyn F Tarnofsky |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 706 (a) Writ of Mandamus |
| Plaintiff |
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This docket was last retrieved on March 7, 2024. A more recent docket listing may be available from PACER.
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Filing 12
STIPULATION AND ORDER OF DISMISSAL: IT IS STIPULATED AND AGREED, by and between the parties, that this action is hereby dismissed with prejudice and without costs or fees to any party pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/7/24) (yv)
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| Filing 11 PROPOSED STIPULATION AND ORDER. Document filed by Ur Mendoza Jaddou, Ted H. Kim, Alejandro Mayorkas, Newark Asylum Office (USCIS), Connie Nolan, John Thompson, United States Citizenship and Immigration Services (USCIS)..(Moran, Courtney) |
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Filing 10
ORDER On January 18, 2024, Plaintiff filed a Complaint against Defendants in connection with her asylum application. (See ECF 3.) After reviewing the allegations in the Complaint and the affirmative relief it requested, I issued a Scheduling Order directing Plaintiff to submit a memorandum of law in support of her request for affirmative relief by March 12, 2024. (ECF 7.) On February 29, 2024, Plaintiff submitted a letter stating that she is not seeking mandamus relief and seeking further clarification as to the form and content of the submission that this Court expects from Plaintiff on March 12, 2024. (ECF 9.) While I appreciate Plaintiffs clarification that she does not seek mandamus relief, her Complaint does state that it seeks a preliminary and permanent injunction. (See ECF 3.) If Plaintiff is requesting preliminary injunctive relief, she shall make a motion by March 12, 2024, for a preliminary injunction and support that motion with an appropriate submission, which would include, at a minimum, a notice of motion and a memorandum of law, but which could include other materials. If Plaintiff believes that her Complaint sufficiently supports a motion for a preliminary injunction, she may elect to file a notice of motion and a letter stating that she is relying solely on the allegations and legal authority referenced in the Complaint to support that motion. If Plaintiff files a motion for a preliminary injunction, Defendants may, in addition to opposing that motion by April 9, 2024, file any appropriate cross motion by April 9, 2024. If Plaintiff does not file a motion for a preliminary injunction by March 12, 2024, Defendants shall respond to the Complaint by March 26, 2024. SO ORDERED. Ur Mendoza Jaddou answer due 3/26/2024; Ted H. Kim answer due 3/26/2024; Alejandro Mayorkas answer due 3/26/2024; Newark Asylum Office (USCIS) answer due 3/26/2024; Connie Nolan answer due 3/26/2024; John Thompson answer due 3/26/2024; United States Citizenship and Immigration Services (USCIS) answer due 3/26/2024.( Cross Motions due by 4/9/2024., Motions due by 3/12/2024., Responses due by 4/9/2024) (Signed by Magistrate Judge Robyn F. Tarnofsky on 3/1/2024) (jca)
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| Filing 9 LETTER addressed to Magistrate Judge Robyn F. Tarnofsky from Jamie Lauren Brensilber, Esq dated February 29th, 2024 re: Clarification of The Court's February 27th, 2024 Order. Document filed by P.K...(Brensilber, Jamie) |
| Filing 8 AFFIDAVIT OF SERVICE of Summons, Complaint, Motion and Memorandum in Support served on US Attorney General on 1/30/2024. Service was made by Certified Mail. Document filed by P.K.. (Attachments: #1 Exhibit A - Certified Mail Receipt).(Brensilber, Jamie) |
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Filing 7
ORDER On January 18, 2024 Plaintiff filed her Petition seeking, in part, mandamus and injunctive relief with respect to Plaintiff's asylum application. (See ECF 3.) By Order of Reference dated, February 1, 2024, Judge Lewis A. Kaplan referred this case to a Magistrate Judge for general pretrial supervision and dispositive motions. (ECF 5.) It is ORDERED that, by March 12, 2024, Plaintiff shall file a memorandum of law in support of her request for affirmative relief. The Government shall, by April 9, 2024, file a memorandum of law in opposition to Plaintiff's request. Plaintiff shall, by April 23, 2024, file any reply memorandum. The memoranda and other materials shall comply with the Court's individual practices. The parties are directed to consult my Individual Rules of Practice, available at https://nysd.uscourts.gov/ hon-robyn-f-tarnofsky. SO ORDERED. (Signed by Magistrate Judge Robyn F. Tarnofsky on 2/27/2024) (jca)
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| Filing 6 NOTICE OF APPEARANCE by Courtney Elizabeth Moran on behalf of Ur Mendoza Jaddou, Ted H. Kim, Alejandro Mayorkas, Newark Asylum Office (USCIS), Connie Nolan, John Thompson, United States Citizenship and Immigration Services (USCIS)..(Moran, Courtney) |
| Magistrate Judge Robyn F. Tarnofsky is so redesignated to handle matters that may be referred in this case. (laq) |
| NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Robyn F. Tarnofsky, for Dispositive Motion (i.e., motion requiring a Report and Recommendation). Magistrate Judge Gary Stein no longer referred to the case. (laq) |
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Filing 5
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Dispositive Motion (i.e., motion requiring a Report and Recommendation. All such motions. Referred to Magistrate Judge Gary Stein. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 2/1/24) (yv)
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| ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Jamie Brensilber for noncompliance with Section 14.2 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #3 Complaint, to: caseopenings@nysd.uscourts.gov. (pc) |
| Case Designated ECF. (pc) |
| Magistrate Judge Gary Stein is designated to handle matters that may be referred in this case. 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) |
| Filing 4 SEALED DOCUMENT placed in vault..(jus) |
| Filing 3 COMPLAINT against Ur Mendoza Jaddou, Ted H. Kim, Alejandro Mayorkas, Newark Asylum Office (USCIS), Connie Nolan, John Thompson, United States Citizenship and Immigration Services (USCIS). (Filing Fee $ 405.00, Receipt Number 25428)Document filed by P.K...(pc) (jgo). |
| Filing 2 DOCUMENTS TO BE SEALED (Signed by Judge Valerie E. Caproni on 01/09/2024) (pc) |
| Filing 1 CIVIL COVER SHEET filed..(pc) (vf). |
| SUMMONS ISSUED as to Ted H. Kim..(pc) |
| SUMMONS ISSUED as to Ur Mendoza Jaddou..(pc) |
| SUMMONS ISSUED as to Alejandro Mayorkas..(pc) |
| SUMMONS ISSUED as to Connie Nolan..(pc) |
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ORDER REDACTING PLEADING FILED IN 24MC12. Document filed by P.K...(pc)
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| SUMMONS ISSUED as to United States Citizenship and Immigration Services (USCIS)..(pc) |
| SUMMONS ISSUED as to John Thompson..(pc) |
| SUMMONS ISSUED as to Newark Asylum Office (USCIS)..(pc) |
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