Alabassi v. United States Department of Homeland Security et al

Docket(#22) CONDITIONAL ORDER OF DISMISSAL. Having been advised of the parties agreement to the dismissal of this case (Dkt Entry No. 21), the Court dismisses this case without prejudice to reinstatement of plaintiffs claims if any party represents to the Court within 120 days from the date of this order that adjudication could not be completed.Case terminated on 3/10/22 (Signed by Judge Gray H Miller) Parties notified.(rguerrero, 4) (Entered: 03/10/2022)

Docket(#21) STIPULATION of Dismissal by Zeina Alabassi, filed.(Jubran, Lewis) (Entered: 03/10/2022)

Docket(#20) CERTIFICATE OF INTERESTED PARTIES by Zeina Alabassi, filed.(Jubran, Lewis) (Entered: 02/14/2022)

Docket(#19) NOTICE of attorney substitution by Alejandro Mayorkas. Attorney Stephen DeGenaro terminated, filed. (Robinson-Gaither, Eleanor) (Entered: 02/06/2022)

Docket(#18) ORDER granting #17 Motion for Lewis Jubran to Appear Pro Hac Vice.(Signed by Judge Gray H Miller) Parties notified.(rguerrero, 4) (Entered: 02/01/2022)

Docket(#17) MOTION for Lewis Jubran to Appear Pro Hac Vice by Zeina Alabassi, filed. Motion Docket Date 2/22/2022. (rkonieczny, 4) (Entered: 01/31/2022)

Docket(#16) ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Scheduling Order Deadline date 5/31/2022 (Signed by Judge Gray H Miller) Parties notified.(RachelSalazaradi, 4) (Entered: 01/24/2022)

Docket(#15) Case transferred in from District of Columbia. Case Number 1:21-cv-02852; certified copy of transfer order, certified docket sheet, and transfer letter received (Entered: 01/21/2022)

DocketSet/Reset Deadlines: Transfer due by 1/21/2022. (zkh) (Entered: 01/11/2022)

DocketMINUTE ORDER granting in part Defendants' #11 Motion to Transfer or Dismiss. "For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties have consented." 28 U.S.C. 1404(a). In deciding whether to transfer a case under 1404(a), the Court must (1) ensure venue is proper in the transferee district, and (2) balance public and private interest factors to determine which forum best serves the convenience of the parties and witnesses as well as the interest of justice. See Ctr. for Envtl. Sci., Accuracy & Reliability v. Nat'l Park Serv., 75 F. Supp. 3d 353, 356 (D.D.C. 2014). Venue is clearly proper in the transferee district, the Southern District of Texas, because Plaintiff resides there. See ECF No. 1; 28 U.S.C. 1391(e)(1)(C). And as other courts in this district have repeatedly found, the public and private interest factors favor transfer to the district where a plaintiff resides or the district where the visa petition at issue has been reviewed or is pending. See, e.g., Sandvik Mining and Constr. USA, LLC v. Garland, 21-cv-992 (RJL), 2021 WL 4775209, at *2 (D.D.C. Oct. 13, 2021); Aishat v. Dep't of Homeland Sec., 288 F. Supp. 3d 261, 269-72 (D.D.C. 2018); Ngonga v. Sessions, 318 F. Supp. 3d 270, 275-77 (D.D.C. 2018); Gyau v. Sessions, 18-cv-407 (RCL), 2018 WL 4964502, at *1-2 (D.D.C. Oct. 15, 2018). This is not an instance where a plaintiff is challenging a national policy or action by high-level officials in the District of Columbia. See Stewart v. Azar, 308 F. Supp. 3d 239, 246-47 (D.D.C. 2018); Ravulapalli v. Napolitano, 773 F. Supp. 2d 41, 56 (D.D.C. 2011); The Wilderness Soc'y v. Babbitt, 104 F. Supp. 2d 10, 13-14 (D.D.C. 2000). And although Plaintiff argues in her #12 Opposition that a 2018 Department of Homeland Security policy caused the delay in processing her immigration applications, see ECF No. 12 at 2, a challenge to the 2018 policy itself or the application of the policy to Plaintiff's circumstances are "nowhere to be found in Plaintiff's Complaint." Aishat, 288 F. Supp. 3d at 270. In fact, Plaintiff's #1 Complaint does not mention the 2018 policy at all. See id. Therefore, it is hereby ORDERED that Defendants' motion is GRANTED in part, to the extent that it seeks transfer. The Clerk of Court is directed to TRANSFER this case to the Southern District of Texas. Signed by Judge Timothy J. Kelly on 1/11/2022. (lctjk3) (Entered: 01/11/2022)

Docket(#9) RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CHRISTOPHER A. WRAY served on 11/8/2021 (Jubran, Lewis) (Entered: 11/08/2021)

Docket(#8) RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES served on 11/8/2021 (Jubran, Lewis) (Entered: 11/08/2021)

Docket(#7) RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ALEJANDRO MAYORKAS served on 11/8/2021 (Jubran, Lewis) (Entered: 11/08/2021)

Docket(#6) RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. TED H. KIM served on 11/8/2021 (Jubran, Lewis) (Entered: 11/08/2021)

Docket(#5) RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UR M. JADDOU served on 11/8/2021 (Jubran, Lewis) (Entered: 11/08/2021)

Docket(#4) RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. MATTHEW D. EMRICH served on 11/8/2021 (Jubran, Lewis) (Entered: 11/08/2021)

Docket(#3) RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HOMELAND SECURITY served on 11/8/2021 (Jubran, Lewis) (Entered: 11/08/2021)

Docket(#2) SUMMONS (7) Issued Electronically as to All Defendants. (Attachment: #1 Notice and Consent)(znmg) (Entered: 10/29/2021)

DocketCase Assigned to Judge Timothy J. Kelly. (znmg) (Entered: 10/29/2021)

Docket(#1) COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ADCDC-8827662) filed by Zeina Alabassi. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons)(Jubran, Lewis) (Entered: 10/27/2021)