1:23-CV-07059
09/22/2023
Disposed - Other Disposed
Immigration - Other Immigration
Diane Gujarati
Giorgi Gabelaia
United States Citizenship and Immigration Services (USCIS)
Alejandro Mayorkas
New York Asylum Office, USCIS
Ur M. Jaddou
Ted H. Kim
John Lafferty
Matthew D. Emrich
Patricia Menges
Aaron Mark Frankel
Samantha McQuaid Ford
Mary McGarvey-DePuy
RESTRICTED
RESTRICTED
RESTRICTED
RESTRICTED
RESTRICTED
RESTRICTED
(#8) ORDER TO SHOW CAUSE: The United States Attorney, as attorney for Defendant, is directed to show cause on or before December 26, 2023, in writing, why a #1 Writ of Mandamus should not be issued, and shall serve a copy of the response on Plaintiff, with proof of such service to the Clerk of this Court. On or before January 25, 2024, Plaintiff shall file a reply, if any, with proof of service to the Clerk of this Court. Oral argument shall be heard on February 23, 2024, at 11:00 a.m. via teleconference before Judge Diane Gujarati. The call-in information for the telephone conference is 1-877-336-1839, and the access code is 2643682. The parties should call in to the telephone conference five minutes before the conference begins. Persons granted remote access to proceedings are reminded that photographing, recording, and rebroadcasting of any court proceeding or communication with the Court are prohibited. Violation of these prohibitions may result in sanctions. A transcript of the proceedings may be ordered from the Clerk's Office. If any party has difficulty accessing the telephone conference, please contact chambers at Gujarati_Chambers@nyed.uscourts.gov. SO ORDERED by Judge Diane Gujarati on 10/26/2023. (AD) (Entered: 10/26/2023)
RESTRICTED
DocketCivil Case Terminated. (AC) (Entered: 11/03/2023)
[-] Read LessDocket(#9) STIPULATION of Dismissal without Prejudice respectfully submitted for the Court's endorsement by Matthew D. Emrich, Ur M. Jaddou, Ted H. Kim, John Lafferty, Alejandro Mayorkas, Patricia Menges, New York Asylum Office, USCIS, United States Citizenship and Immigration Services (USCIS) (McGarvey-DePuy, Mary) (Entered: 11/03/2023)
[-] Read LessDocket(#8) ORDER TO SHOW CAUSE: The United States Attorney, as attorney for Defendant, is directed to show cause on or before December 26, 2023, in writing, why a #1 Writ of Mandamus should not be issued, and shall serve a copy of the response on Plaintiff, with proof of such service to the Clerk of this Court. On or before January 25, 2024, Plaintiff shall file a reply, if any, with proof of service to the Clerk of this Court. Oral argument shall be heard on February 23, 2024, at 11:00 a.m. via teleconference before Judge Diane Gujarati. The call-in information for the telephone conference is 1-877-336-1839, and the access code is 2643682. The parties should call in to the telephone conference five minutes before the conference begins. Persons granted remote access to proceedings are reminded that photographing, recording, and rebroadcasting of any court proceeding or communication with the Court are prohibited. Violation of these prohibitions may result in sanctions. A transcript of the proceedings may be ordered from the Clerk's Office. If any party has difficulty accessing the telephone conference, please contact chambers at Gujarati_Chambers@nyed.uscourts.gov. SO ORDERED by Judge Diane Gujarati on 10/26/2023. (AD) (Entered: 10/26/2023)
[-] Read LessDocket(#7) NOTICE of Appearance by Mary McGarvey-DePuy on behalf of All Defendants (aty to be noticed) (McGarvey-DePuy, Mary) (Entered: 10/11/2023)
[-] Read LessDocket(#6) Summons Issued as to Matthew D. Emrich, Ur M. Jaddou, Ted H. Kim, John Lafferty, Alejandro Mayorkas, Patricia A. Menges, New York Asylum Office, USCIS, United States Citizenship and Immigration Services (USCIS), U.S. Attorney and U.S. Attorney General (IH) (Entered: 10/03/2023)
[-] Read LessDocket(#5) Proposed Summons. by Giorgi Gabelaia (Frankel, Aaron) (Entered: 09/28/2023)
[-] Read LessDocketYour proposed summons was not issued for one of the following reasons: The full case caption must appear on the summons., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (IH) (Entered: 09/28/2023)
[-] Read LessDocket(#4) NOTICE of Appearance by Samantha McQuaid Ford on behalf of Giorgi Gabelaia (aty to be noticed) (Ford, Samantha) (Entered: 09/27/2023)
[-] Read LessDocket(#3) Proposed Summons. by Giorgi Gabelaia (Frankel, Aaron) (Entered: 09/27/2023)
[-] Read LessDocket(#2) This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (AF) (Entered: 09/27/2023)
[-] Read LessDocketCase Assigned to Judge Diane Gujarati. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (AF) (Entered: 09/27/2023)
[-] Read LessDocket(#1) COMPLAINT against Matthew D. Emrich, Ur M. Jaddou, Ted H. Kim, John Lafferty, Alejandro Mayorkas, Patricia A. Menges, New York Asylum Office, USCIS, United States Citizenship and Immigration Services (USCIS) filing fee $ 402, receipt number ANYEDC-17111031 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Giorgi Gabelaia. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Index of Exhibits, #4 Exhibit Ex. 1 USCIS Webpage, Affirmative Asylum Interview Scheduling, #5 Exhibit Ex. 2 Declaration of former Chief of USCIS Asylum Division Andrew Davidson, #6 Exhibit Ex. 3 USCIS, Number of Service-wide Forms by Quarter, Form Status, and Processing Time, for Fiscal Year 2023, 1st Quarter, Oct. 1 - Dec. 31, 2022, #7 Exhibit Ex. 4 USCIS Ombudsman, Annual Report 2020 (June 30, 2020), #8 Exhibit Ex. 5 USCIS Ombudsman, Annual Report 2022 (June 30, 2022), #9 Exhibit Ex. 6 USCIS Affirmative Asylum Statistics: January 2019, #10 Exhibit Ex. 7 USCIS Affirmative Asylum Statistics: March 2019, #11 Exhibit Ex. 8 USCIS Annual Statistical Report: FY 2021, #12 Exhibit Ex. 9 USCIS, Number of Service-wide Forms by Quarter, Form Status, and Processing Time for Fiscal Year 2022, 1st Quarter, October 1 - December 31, 2021., #13 Exhibit Ex. 10 USCIS, Number of Form I-589 by Status, Office, Month for Fiscal Year 2022, 4th Quarter, July 1 - September 30, 2022., #14 Exhibit Ex. 11 USCIS, Asylum Quarterly Engagement and Listening Session Script & Talking Points, (Dec. 13, 2022)., #15 Exhibit Ex. 12 Human Rights First, Protection Postponed: Asylum Office Backlogs Cause Suffering, Separate Families, and Undermine Integration (Apr. 2021)., #16 Exhibit Ex. 13 American Immigration Lawyers Association Asylum and Refugee Committee, AILA Frequently Asked Questions (FAQs) on Changes to the Asylum Office Affirmative Scheduling, (Feb. 2, 2018).) (Frankel, Aaron) (Entered: 09/22/2023)
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