Choque et al v. U.S. Citizenship and Immigration Services et al
| Dixie Linn Choque and Jorge Erick Aldunate Paz |
| U.S. Citizenship and Immigration Services, USCIS National Benefits Center, Joseph B Edlow, United States Immigration and Customs Enforcement and Executive Office for Immigration Review |
| 2:2026cv00069 |
| January 27, 2026 |
| U.S. District Court for the District of Utah |
| David Barlow |
| Other Immigration Actions |
| 28 U.S.C. § 1331 Fed. Question: Review Agency Decision |
| None |
Docket Report
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This docket was last retrieved on March 20, 2026. A more recent docket listing may be available from PACER.
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| Filing 20 NOTICE FROM THE COURT: On March 19, 2026, Plaintiff filed #19 Notice of Voluntary Dismissal. Defendant has not served either an answer or a motion for summary judgment. Accordingly, under Federal Rule of Civil Procedure 41(a)(1)(A)(i), the voluntary dismissal is self-effectuating. The case has been dismissed without prejudice per the terms of the voluntary dismissal. No order will follow. (he) |
| Civil Case Terminated per ECF #19 , 20 Notice from the Court. Case dismissed without prejudice. Case closed. (sg) |
| Filing 19 NOTICE of Voluntary Dismissal filed by Plaintiffs Dixie Linn Choque, Jorge Erick Aldunate Paz (Bracken, Alec) |
Filing 18
DOCKET TEXT ORDER granting #17 Motion for Extension of Time. It is hereby ordered that Plaintiffs' brief is now due on March 23, 2026, Defendants' response is due on April 13, 2026, and Plaintiffs' reply, if they choose to file one, is due on April 20, 2026. Signed by Judge David Barlow on 2/23/26. No attached document. (he)
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| Filing 17 MOTION for Extension of Time Brief Relating to Motion for TRO and Memorandum in Support filed by Plaintiffs Dixie Linn Choque, Jorge Erick Aldunate Paz. (Bracken, Alec) |
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Filing 16
EMERGENCY ORDER Prohibiting Removal Pending Resolution of Emergency Motion: Defendants shall not remove Mr. Paz from the United States without further written order from this court. Plaintiffs' brief on #2 Motion for Temporary Restraining Order is due 2/19/26. Defendants' brief is due 3/12/26. Plaintiffs' reply brief, if any, is due 3/16/26. Signed by Judge David Barlow on 1/29/26 (alt)
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| Filing 15 NOTICE of Appearance by Tyler L. Murray on behalf of Joseph B Edlow, Executive Office for Immigration Review, U.S. Citizenship and Immigration Services, USCIS National Benefits Center, United States Immigration and Customs Enforcement (Murray, Tyler) |
| Filing 14 Minute Entry for proceedings held before Judge David Barlow: Status Conference held on 1/29/2026. Plaintiff's counsel answered the court's questions as to the background and context of the emergency motion as well as the current status of Mr. Paz's detention and notice to appear before the immigration court. Government counsel addressed the court and answered the court's questions on several issues, including service and potential remedies in immigration court. Plaintiff's counsel responded with additional background and context, addressed service, and responded regarding current immigration practices relevant to this motion. The parties agreed on the court issuing a non-removal order during the pendency of the briefing and this court's resolution of the emergency motion. The court will issue an order. The court will set a briefing schedule as follows: Plaintiff's brief shall be due on February 19, 2026. The government's brief shall be due on March 12, 2026. A reply brief, if any, shall be due on March 16, 2026. The court will inform the parties if a hearing is needed. Court was adjourned. Attorney for Plaintiff: Alec Bracken. Attorneys for Defendant: Tyler Murray, Margot Johnson (limited appearance for hearing only), Michael Kennedy. Court Reporter: Michelle Mallonee.(tcs) Modified on 2/4/2026 to correct counsel designations (tcs). |
| Filing 13 Remark re #11 Order- A copy of the Order, Complaint and Motion was directly emailed to AUSAs Michael P. Kennedy, Tiffany M. Romney, Tyler L. Murray. Plaintiff's counsel was noticed via CM/ECF. (sg) Modified on 1/28/2026 - added text (sg). |
| Filing 12 NOTICE OF HEARING: Status Conference set for 1/29/2026 at 01:30 PM in Rm 8.100 before Judge David Barlow. (tcs) |
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Filing 11
ORDER - The court sets a (Status Conference for 1/29/2026 at 01:30 PM in Rm 8.100 before Judge David Barlow.) The Clerk of Court is directed to serve a copy of the Complaint, Motion for Temporary Restraining Order, and this Order, via email, on the United States Attorney for the District of Utah and the civil duty attorney for the United States Attorneys Office in this District. Signed by Judge David Barlow on 01/28/2026. (sg)
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| Filing 10 Summons Issued Electronically as to USDOJ DC. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kop) |
| Filing 9 Summons Issued Electronically as to USDOJ SLC. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kop) |
| Filing 8 Summons Issued Electronically as to Executive Office for Immigration Review. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kop) |
| Filing 7 Summons Issued Electronically as to USCIS National Benefits Center. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kop) |
| Filing 6 Modification of Docket: Error: incorrect document added to entry. Correction: replaced with corrected document. re #5 Summons Issued Electronically,. (kop) |
| Filing 5 Summons Issued Electronically as to U.S. Citizenship and Immigration Services. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kop) (Main Document 5 replaced on 1/27/2026) (kop). |
| Filing 4 Summons Issued Electronically as to United States Immigration and Customs Enforcement. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kop) |
| Filing 3 Summons Issued Electronically as to Joseph B Edlow. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kop) |
| Filing 2 Emergency MOTION for Temporary Restraining Order and Memorandum in Support filed by Plaintiffs Dixie Linn Choque, Aldunate Paz Erick Jorge. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Bracken, Alec) |
| Filing 1 COMPLAINT (Motion for Temporary Restraining Order to be filed separately) against Joseph B Edlow, Executive Office for Immigration Review, U.S. Citizenship and Immigration Services, USCIS National Benefits Center, United States Immigration and Customs Enforcement (Filing fee $ 405, receipt number AUTDC-5678843) filed by Dixie Linn Choque, Aldunate Paz Erick Jorge. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Bracken, Alec) |
| Judge David Barlow added. Case number will now read 2:26-cv-00069-DBB. Please make changes to document captions accordingly. (kop) |
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