Wangare v. Bierman et al
| Helen Hilda Wangare |
| Wilhelm F Bierman, Merrick B Garland and Alejandro Mayorkas |
| 3:2023cv01398 |
| June 22, 2023 |
| US District Court for the Northern District of Texas |
| Brantley Starr |
| Immigration: Other Immigration Actions |
| 08 U.S.C. ยง 1329 Writ of Mandamus to Adjudicate Visa Petiti |
| None |
Docket Report
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| Filing 9 Certificate Regarding Judge-Specific Requirements. (Esquenazi, Marc) |
Filing 8
Electronic Standing Order - If they have not already done so, all attorneys appearing in this case must file a Certificate Regarding Judge-Specific Requirements on the docket attesting that they have read, and will comply with, the judge-specific requirements for this Court, including the Court's order concerning generative artificial intelligence. The judge-specific requirements and a template Certificate may be found at: # Certificate Regarding Judge-Specific Requirements. To file the Certificate, please use the event entitled Certificate Regarding Judge-Specific Requirements. This event is located in the Other Documents selection, which is under the Other Filings category of the Civil page in ECF. Please contact the ECF help desk at 214-753-2633 for filing assistance. (Ordered by Judge Brantley Starr on 6/23/2023) (ndt)
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| Filing 7 Court Request for Recusal: Magistrate Judge David L. Horan recused pursuant to Special Order 3-346. Magistrate Judge Renee Harris Toliver assigned for matters that may be referred in this case. (ndt) |
| Filing 6 Petition For Writ of Mandamus filed by Helen Hilda Wangare. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. (Filer fee note- Clerk to add prior fee payment info here.) (Attachments: #1 Cover Sheet Civil Cover Sheet) (Esquenazi, Marc) |
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Filing 5
ELECTRONIC ORDER: The purpose of a pleading is to provide "a short and plain statement of the claim showing that the pleader is entitled to relief." Fed. R. Civ. Proc. 8(a)(2). Although the petition in the instant case is heavy on legal argument, it's light on facts. For instance, the complaint says that Plaintiff seeks a decision on an I-130 application. But, at the same time (in bold font), the petition also says, "[i]n the instant case, the application is a I-601 waiver." Doc. 1 at 3. And the Court's jurisdiction may turn on whether this case involves an I-601 waiver. See Nama v. United States Citizenship & Immigration Services, No. 3:20-CV-3362-K, 2022 WL 1189889, at *6 (N.D. Tex. Apr. 21, 2022) (Kinkeade, J.); Bian v. Clinton, 605 F.3d 249, 253 (5th Cir. 2010). Accordingly, the Court DISMISSES WITHOUT PREJUDICE Plaintiff's petition. Plaintiff may file an amended petition by June 27, 2023 at 5:00 PM explaining whether this case involves an I-601 waiver. (Ordered by Judge Brantley Starr on 6/23/2023) (chmb)
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| Filing 4 Summons issued as to Wilhelm F Bierman, Merrick B Garland, Alejandro Mayorkas, U.S. Attorney, and U.S. Attorney General. (oyh) |
| Filing 3 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (oyh) |
| Filing 2 Request for Clerk to Issue Summons by Helen Hilda Wangare (Attachments: #1 Summons, #2 Summons) (Esquenazi, Marc) Modified docket text on 6/23/2023 (oyh). |
| Filing 1 Petition For Writ of Mandamus filed by Helen Hilda Wangare. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. (Filing fee $402; receipt number ATXNDC-13833814) (Esquenazi, Marc) |
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