This case was last updated from U.S. District Courts on 03/23/2022 at 06:19:37 (UTC).

Alabassi v. United States Department of Homeland Security et al

Case Summary

On 01/21/2022 Alabassi filed an Other - Administrative Procedure Act lawsuit against United States Department of Homeland Security. This case was filed in U.S. District Courts, Texas Southern District. The Judge overseeing this case is Gray H Miller. The case status is Disposed - Other Disposed.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    4:22-CV-00215

  • Filing Date:

    01/21/2022

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Other - Administrative Procedure Act

Judge Details

Presiding Judge

Gray H Miller

 

Party Details

Plaintiff

ZEINA ALABASSI

Defendants

Department of Homeland Security

United States Citizenship and Immigration Services

Director USCIS Alejandro Mayorkas

Ur Jaddou

TED H. KIM

MATTHEW D. EMRICH

Christopher A. Wray

Matthew Di. Emrich

Attorney/Law Firm Details

Plaintiff Attorneys

Lewis Jubran

501 N Brookhurst St, Suite 202

Anaheim, CA 92801

Lewis G Jubran

Attorney at Abusharar and Associates

501 N Brookhurst St., Suite 202

Anaheim, CA 92801

Defendant Attorneys

Stephen DeGenaro

Attorney at U.S. ATTORNEY'S OFFICE FOR THE DISTRICT OF COLUMBIA

555 Fourth Street, Nw

Washington, DC 20530

Eleanor A Robinson-Gaither

Attorney at Assistant US Atty

Po Box 61129

Houston, TX 77208

 

Court Documents

#22

(#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)

#21

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

#20

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

#19

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

#18

(#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)

#17

(#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)

#16

(#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)

15 #1

*Restricted*

#15

(#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)

1 #8

Summons

1 #7

Summons

1 #6

Summons

1 #5

Summons

1 #4

Summons

1 #3

Summons

1 #2

Summons

1 #1

Civil Cover Sheet

#1

MINUTE 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)

21 More Documents Available

 

Docket Entries

  • 03/10/2022
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  • 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)

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

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

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

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  • 02/01/2022
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  • 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)

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  • 01/31/2022
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  • 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)

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  • 01/24/2022
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  • 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)

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  • 01/21/2022
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  • 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)

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

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  • 01/11/2022
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  • 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)

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5 More Docket Entries
  • 11/08/2021
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  • 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)

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  • 11/08/2021
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  • 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)

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

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  • 11/08/2021
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  • 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)

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  • 11/08/2021
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  • 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)

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  • 11/08/2021
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  • 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)

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  • 11/08/2021
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  • 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)

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

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

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  • 10/27/2021
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  • 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)

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