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1
Nicklaus Misiti2
Attorney for Plaintiff3
Law Offices of Nicklaus Misiti4
40 Wall St. 28th Fl5
New York, NY 100056
P: 212...
Plaintiff, Ishtiaq Sanaullah1
, through undersigned counsel, alleges as39
follows:40
INTRODUCTION41
1. This is an individu...
4. Venue is properly in this court pursuant to 28 U.S.C. §1391(e) as Plaintiff58
resides within the district under the jur...
STATEMENT OF FACTS78
A. BACKGROUND79
9. Plaintiff is a citizen and national of Pakistan.80
10. On December 14, 2010 he fil...
ministerial act ‘devoid of the exercise of judgment or discretion.’ An act is97
ministerial only when its performance is p...
it.” 5 U.S.C. §555(b). The reviewing court has the power to “compel agency117
action unlawfully withheld or unreasonably d...
136
137
Dated:___________138
Respectfully submitted,139
140
141
___________________142
Nicklaus Misiti143
Attorney for Pla...
JS 44 (Rev. 1/2013) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor...
Local Arbitration Rule 83.10 provides that with certain exceptions, actions seeking money damages only in an amount not in...
TABLE OF CONTENTS
EXHIBIT A – PLAINTIFF’S I-485 RECEIPT NOTICE
EXHIBIT B - PLAINTIFF’S FOLLOW UP CORRESPONDENCE
Case 1:15-...
EXHIBIT A
Case 1:15-cv-01899-MKB Document 1-3 Filed 04/07/15 Page 1 of 2 PageID #: 11
Case 1:15-cv-01899-MKB Document 1-3 Filed 04/07/15 Page 2 of 2 PageID #: 12
EXHIBIT B
Case 1:15-cv-01899-MKB Document 1-4 Filed 04/07/15 Page 1 of 5 PageID #: 13
Case 1:15-cv-01899-MKB Document 1-4 Filed 04/07/15 Page 2 of 5 PageID #: 14
Case 1:15-cv-01899-MKB Document 1-4 Filed 04/07/15 Page 3 of 5 PageID #: 15
Case 1:15-cv-01899-MKB Document 1-4 Filed 04/07/15 Page 4 of 5 PageID #: 16
Case 1:15-cv-01899-MKB Document 1-4 Filed 04/07/15 Page 5 of 5 PageID #: 17
AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT
for the
__________ District of __________
)
)
)...
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No.
PROOF OF SERVICE
(This section should not be filed...
AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT
for the
__________ District of __________
)
)
)...
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No.
PROOF OF SERVICE
(This section should not be filed...
AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT
for the
__________ District of __________
)
)
)...
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No.
PROOF OF SERVICE
(This section should not be filed...
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ISHTIAQ SANAULLAH v. JOHNSON et al., (E.D. NY April 7, 2015) Complaint I-485 Mandamus

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ISHTIAQ SANAULLAH v. JOHNSON et al., (E.D. NY April 7, 2015) Complaint I-485 Mandamus SEE ALSO the order to show cause of 4-21-15

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ISHTIAQ SANAULLAH v. JOHNSON et al., (E.D. NY April 7, 2015) Complaint I-485 Mandamus

  1. 1. 1 Nicklaus Misiti2 Attorney for Plaintiff3 Law Offices of Nicklaus Misiti4 40 Wall St. 28th Fl5 New York, NY 100056 P: 212 537 44077 F: 212 537 40278 E: misitiglobal@misitiglobal.com9 10 UNITED STATES DISTRICT COURT11 EASTERN DISTRICT OF NEW YORK12 __________________________________________________________________13 14 ISHTIAQ SANAULLAH, )15 )16 Plaintiff )17 ) COMPLAINT FOR18 ) MANDAMUS RELIEF19 )20 -against- )21 )22 JEH JOHNSON, Secretary, )23 Department of Homeland Security; )24 and ) Civ. No._________25 )26 LEON RODRIGUEZ, )27 Director, U.S. Citizenship and )28 ImmigrationServices; and )29 )30 ANDREA QUARANTILLO, )31 Director NY Field Office, )32 US Citizenship and )33 Immigration Services )34 )35 Defendants. )36 __________________________________________________________________37 38 1 15-1899 Case 1:15-cv-01899-MKB Document 1 Filed 04/07/15 Page 1 of 7 PageID #: 1
  2. 2. Plaintiff, Ishtiaq Sanaullah1 , through undersigned counsel, alleges as39 follows:40 INTRODUCTION41 1. This is an individual action for mandamus seeking to compel Defendants,42 Department of Homeland Security (“DHS”) Secretary Jeh Johnson, US43 Citizenship and Immigration Services (“USCIS”) Director Leon Rodriguez,44 USCIS NY Field Office Director Andrea Quarantillo to adjudicate an I-485,45 Application to Adjust Status (“I-485”) filed by Plaintiff on December 14,46 2010.47 JURISDICTION48 2. This Court has jurisdiction under 28 U.S.C. § 1331 (federal question49 jurisdiction), 5 U.S.C. §§ 555(b) & 706(1), of the Administrative Procedures50 Act (“APA”); 8 U.S.C. § 1329, Immigration & Nationality Act (“INA”), and51 28 U.S.C. § 1361, regarding an action to compel an officer of the United52 States to perform his or her duty. Further this Court has authority to grant53 declaratory and injunctive relief pursuant to 28 U.S.C. §§ 2201-2202.54 3. Costs and attorney fees will be sought pursuant to the Equal Access to Justice55 Act, 5 U.S.C. § 504, and 28 U.S.C. § 2412(d), et. seq.56 VENUE57 1 His name is Sanaullah Ishtiaq but on his immigration documents the names are reversed. 2 Case 1:15-cv-01899-MKB Document 1 Filed 04/07/15 Page 2 of 7 PageID #: 2
  3. 3. 4. Venue is properly in this court pursuant to 28 U.S.C. §1391(e) as Plaintiff58 resides within the district under the jurisdiction of this court, the defendants59 are officers and employees of the United States of America and no real60 property is involved in this action.61 PARTIES62 5. Plaintiff Ishtiaq Sanaullah properly filed an I-485 on his behalf on December63 14, 2010.64 6. Defendant Jeh Johnson is the Secretary of DHS, and this action is brought65 against her in him official capacity. He is generally charged with66 enforcement of the INA, and is further authorized to delegate such powers67 and authority to subordinate employees of DHS. More specifically, the68 Secretary is responsible for delegating authority in the adjudication of the69 petition described above.70 7. Defendant Leon Rodriguez is Director of USCIS, the agency charged with71 adjudicating asylum applications. This action is brought against Mr.72 Rodriguez in his official capacity.73 8. Defendant Andrea Quarantillo is the Director of the New York USCIS Field74 office. The New York Field Office is the USCIS office charged with75 adjudicating Plaintiff’s I-485 application. This action is brought against her76 in her official capacity.77 3 Case 1:15-cv-01899-MKB Document 1 Filed 04/07/15 Page 3 of 7 PageID #: 3
  4. 4. STATEMENT OF FACTS78 A. BACKGROUND79 9. Plaintiff is a citizen and national of Pakistan.80 10. On December 14, 2010 he filed Form I-485 requesting the US81 government, specifically defendants’ adjudicate and grant his request for82 Lawful Permanent Residence (“LPR”). See Exhibit A - Plaintiff’s I-48583 Receipt Notice.84 11. Here, respondent has patiently waited more than four years without85 receiving a decision.86 12. Plaintiff has made numerous attempts to follow up with defendants to87 further their adjudication. See Exhibit B – Plaintiff’s Follow Up88 correspondence.89 CAUSES OF ACTION90 Mandamus & APA91 13. Plaintiff brings this action under the Mandamus Act, 28 U.S.C. §1361,92 which allows for a writ of mandamus to be issued if the plaintiff has93 exhausted all other avenues of relief and the defendant owes him a clear,94 nondiscretionary duty. Heckler v. Ringer, 466 US 602, 616, (1984). The duty95 owed by the government must be “a legal duty which is a specific, plain96 4 Case 1:15-cv-01899-MKB Document 1 Filed 04/07/15 Page 4 of 7 PageID #: 4
  5. 5. ministerial act ‘devoid of the exercise of judgment or discretion.’ An act is97 ministerial only when its performance is positively commanded and so98 plainly prescribed as to be free from doubt.” Harmon Cove Condo Assoc. v.99 Marsh, 815 F.2d 949, 951 (3rd Cir 1987).100 14. Defendants have a non-discretionary duty to act on applications within a101 reasonable time. Haidari v. Frazier, No. 06-3215, 2006 US Dist. LEXIS102 89177 (D. Minn. Dec. 8,2006) (noting that while “the decision of whether to103 grant of deny an adjustment application is discretionary… Plaintiffs are only104 asking [the] Court to compel Defendants to make any decision.”105 15. In the instant case, Defendants have a clear, nondiscretionary duty to106 adjudicate cases before them in a timely manner. Defendants have107 manifestly been derelict in this duty.108 16. Plaintiff also brings this action under the APA, which governs judicial109 review of agency decisions. The APA states that “[a] person suffering legal110 wrong because of agency action, or adversely affected or aggrieved by111 agency action within the meaning of a relevant statute, is entitled to judicial112 review thereof.” 5 U.S.C. §702. “Agency action” includes the failure to act.113 5 U.S.C. § 551(13). The APA also requires that “[w]ith due regard for the114 convenience and necessity of the parties or their representatives and within a115 reasonable time, each agency shall proceed to conclude a matter presented to116 5 Case 1:15-cv-01899-MKB Document 1 Filed 04/07/15 Page 5 of 7 PageID #: 5
  6. 6. it.” 5 U.S.C. §555(b). The reviewing court has the power to “compel agency117 action unlawfully withheld or unreasonably delayed.” 5 U.S.C. §706(1).118 17. Plaintiff has been injured in the failure of defendants to adjudicate his119 application and hear his interview. He is a Pakistani National and his family120 currently resides in Pakistan. Until his application is approved he cannot121 petition to bring his family here and it is difficult to travel to see them.122 18. Defendants have unreasonably and without substantial justification failed123 to perform their duty of considering this application in a timely fashion.124 Defendants have unreasonably, arbitrarily, and capriciously failed to perform125 their duty and a writ of mandamus is appropriate.126 19. Plaintiff has exhausted any administrative remedies which may exist.127 WHEREFORE, the Plaintiff respectfully prays that defendants be cited to128 appear herein, and the Court:129 A. Assume jurisdiction of this case;130 B. Compel the Defendants to adjudicate Plaintiff’s I-485 in a timely manner;131 C. Grant Plaintiff’s reasonable attorney fees;132 D. Grant Plaintiff such other relief at law and in equity as this Court deems just133 and proper.134 135 6 Case 1:15-cv-01899-MKB Document 1 Filed 04/07/15 Page 6 of 7 PageID #: 6
  7. 7. 136 137 Dated:___________138 Respectfully submitted,139 140 141 ___________________142 Nicklaus Misiti143 Attorney for Plaintiff144 Law Offices of Nicklaus Misiti145 40 Wall St. 28th Fl146 New York, NY 10005147 P: 212 537 4407148 F: 212 537 4027149 E: misitiglobal@misitiglobal.com150 7 4.7.2015 Case 1:15-cv-01899-MKB Document 1 Filed 04/07/15 Page 7 of 7 PageID #: 7
  8. 8. JS 44 (Rev. 1/2013) CIVIL COVER SHEET The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.) I. (a) PLAINTIFFS DEFENDANTS (b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant (EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED. (c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known) II. BASIS OF JURISDICTION(Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff (For Diversity Cases Only) and One Box for Defendant) ’ 1 U.S. Government ’ 3 Federal Question PTF DEF PTF DEF Plaintiff (U.S. Government Not a Party) Citizen of This State ’ 1 ’ 1 Incorporated or Principal Place ’ 4 ’ 4 of Business In This State ’ 2 U.S. Government ’ 4 Diversity Citizen of Another State ’ 2 ’ 2 Incorporated and Principal Place ’ 5 ’ 5 Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State Citizen or Subject of a ’ 3 ’ 3 Foreign Nation ’ 6 ’ 6 Foreign Country IV. NATURE OF SUIT (Place an “X” in One Box Only) CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES ’ 110 Insurance PERSONAL INJURY PERSONAL INJURY ’ 625 Drug Related Seizure ’ 422 Appeal 28 USC 158 ’ 375 False Claims Act ’ 120 Marine ’ 310 Airplane ’ 365 Personal Injury - of Property 21 USC 881 ’ 423 Withdrawal ’ 400 State Reapportionment ’ 130 Miller Act ’ 315 Airplane Product Product Liability ’ 690 Other 28 USC 157 ’ 410 Antitrust ’ 140 Negotiable Instrument Liability ’ 367 Health Care/ ’ 430 Banks and Banking ’ 150 Recovery of Overpayment ’ 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS ’ 450 Commerce & Enforcement of Judgment Slander Personal Injury ’ 820 Copyrights ’ 460 Deportation ’ 151 Medicare Act ’ 330 Federal Employers’ Product Liability ’ 830 Patent ’ 470 Racketeer Influenced and ’ 152 Recovery of Defaulted Liability ’ 368 Asbestos Personal ’ 840 Trademark Corrupt Organizations Student Loans ’ 340 Marine Injury Product ’ 480 Consumer Credit (Excludes Veterans) ’ 345 Marine Product Liability LABOR SOCIAL SECURITY ’ 490 Cable/Sat TV ’ 153 Recovery of Overpayment Liability PERSONAL PROPERTY ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) ’ 850 Securities/Commodities/ of Veteran’s Benefits ’ 350 Motor Vehicle ’ 370 Other Fraud Act ’ 862 Black Lung (923) Exchange ’ 160 Stockholders’ Suits ’ 355 Motor Vehicle ’ 371 Truth in Lending ’ 720 Labor/Management ’ 863 DIWC/DIWW (405(g)) ’ 890 Other Statutory Actions ’ 190 Other Contract Product Liability ’ 380 Other Personal Relations ’ 864 SSID Title XVI ’ 891 Agricultural Acts ’ 195 Contract Product Liability ’ 360 Other Personal Property Damage ’ 740 Railway Labor Act ’ 865 RSI (405(g)) ’ 893 Environmental Matters ’ 196 Franchise Injury ’ 385 Property Damage ’ 751 Family and Medical ’ 895 Freedom of Information ’ 362 Personal Injury - Product Liability Leave Act Act Medical Malpractice ’ 790 Other Labor Litigation ’ 896 Arbitration REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS ’ 791 Employee Retirement FEDERAL TAX SUITS ’ 899 Administrative Procedure ’ 210 Land Condemnation ’ 440 Other Civil Rights Habeas Corpus: Income Security Act ’ 870 Taxes (U.S. Plaintiff Act/Review or Appeal of ’ 220 Foreclosure ’ 441 Voting ’ 463 Alien Detainee or Defendant) Agency Decision ’ 230 Rent Lease & Ejectment ’ 442 Employment ’ 510 Motions to Vacate ’ 871 IRS—Third Party ’ 950 Constitutionality of ’ 240 Torts to Land ’ 443 Housing/ Sentence 26 USC 7609 State Statutes ’ 245 Tort Product Liability Accommodations ’ 530 General ’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 535 Death Penalty IMMIGRATION Employment Other: ’ 462 Naturalization Application ’ 446 Amer. w/Disabilities - ’ 540 Mandamus & Other ’ 465 Other Immigration Other ’ 550 Civil Rights Actions ’ 448 Education ’ 555 Prison Condition ’ 560 Civil Detainee - Conditions of Confinement V. ORIGIN (Place an “X” in One Box Only) ’ 1 Original Proceeding ’ 2 Removed from State Court ’ 3 Remanded from Appellate Court ’ 4 Reinstated or Reopened ’ 5 Transferred from Another District (specify) ’ 6 Multidistrict Litigation VI. CAUSE OF ACTION Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): Brief description of cause: VII. REQUESTED IN COMPLAINT: ’ CHECK IF THIS IS A CLASS ACTION UNDER RULE 23, F.R.Cv.P. DEMAND $ CHECK YES only if demanded in complaint: JURY DEMAND: ’ Yes ’ No VIII. RELATED CASE(S) IF ANY (See instructions): JUDGE DOCKET NUMBER DATE SIGNATURE OF ATTORNEY OF RECORD FOR OFFICE USE ONLY RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE Ishtiaq Sanaullah Kings Nicklaus Misiti 40 Wall St. Fl 28 New York, NY 10005 P: 212 537 4407 Jeh Johnson, Leon Rodriguez, Andrea Quarantillo, in their official capacities US GOVT 28 USC 1361 action to compel a decision on an adjustment of status application Case 1:15-cv-01899-MKB Document 1-1 Filed 04/07/15 Page 1 of 2 PageID #: 8 4.7.15
  9. 9. Local Arbitration Rule 83.10 provides that with certain exceptions, actions seeking money damages only in an amount not in excess of $150,000, exclusive of interest and costs, are eligible for compulsory arbitration. The amount of damages is presumed to be below the threshold amount unless a certification to the contrary is filed. I, ______________________, counsel for __________________, do hereby certify that the above captioned civil action is ineligible for compulsory arbitration for the following reason(s): monetary damages sought are in excess of $150,000, exclusive of interest and costs, the complaint seeks injunctive relief, the matter is otherwise ineligible for the following reason DISCLOSURE STATEMENT - FEDERAL RULES CIVIL PROCEDURE 7.1 Identify any parent corporation and any publicly held corporation that owns 10% or more or its stocks: RELATED CASE STATEMENT (Section VIII on the Front of this Form) Please list all cases that are arguably related pursuant to Division of Business Rule 50.3.1 in Section VIII on the front of this form. Rule 50.3.1 (a) provides that “A civil case is “related” to another civil case for purposes of this guideline when, because of the similarity of facts and legal issues or because the cases arise from the same transactions or events, a substantial saving of judicial resources is likely to result from assigning both cases to the same judge and magistrate judge.” Rule 50.3.1 (b) provides that “ A civil case shall not be deemed “related” to another civil case merely because the civil case: (A) involves identical legal issues, or (B) involves the same parties.” Rule 50.3.1 (c) further provides that “Presumptively, and subject to the power of a judge to determine otherwise pursuant to paragraph (d), civil cases shall not be deemed to be “related” unless both cases are still pending before the court.” NY-E DIVISION OF BUSINESS RULE 50.1(d)(2) 1.) Is the civil action being filed in the Eastern District removed from a New York State Court located in Nassau or Suffolk County:_________________________ 2.) If you answered “no” above: a) Did the events or omissions giving rise to the claim or claims, or a substantial part thereof, occur in Nassau or Suffolk County?_________________________ b) Did the events or omissions giving rise to the claim or claims, or a substantial part thereof, occur in the Eastern District?_________________________ If your answer to question 2 (b) is “No,” does the defendant (or a majority of the defendants, if there is more than one) reside in Nassau or Suffolk County, or, in an interpleader action, does the claimant (or a majority of the claimants, if there is more than one) reside in Nassau or Suffolk County?______________________ (Note: A corporation shall be considered a resident of the County in which it has the most significant contacts). BAR ADMISSION I am currently admitted in the Eastern District of New York and currently a member in good standing of the bar of this court. Yes No Are you currently the subject of any disciplinary action (s) in this or any other state or federal court? Yes (If yes, please explain) No I certify the accuracy of all information provided above. Signature:____________________________________________ CERTIFICATION OF ARBITRATION ELIGIBILITY Nicklaus Misiti Plaintiff none No No Yes Case 1:15-cv-01899-MKB Document 1-1 Filed 04/07/15 Page 2 of 2 PageID #: 9
  10. 10. TABLE OF CONTENTS EXHIBIT A – PLAINTIFF’S I-485 RECEIPT NOTICE EXHIBIT B - PLAINTIFF’S FOLLOW UP CORRESPONDENCE Case 1:15-cv-01899-MKB Document 1-2 Filed 04/07/15 Page 1 of 1 PageID #: 10
  11. 11. EXHIBIT A Case 1:15-cv-01899-MKB Document 1-3 Filed 04/07/15 Page 1 of 2 PageID #: 11
  12. 12. Case 1:15-cv-01899-MKB Document 1-3 Filed 04/07/15 Page 2 of 2 PageID #: 12
  13. 13. EXHIBIT B Case 1:15-cv-01899-MKB Document 1-4 Filed 04/07/15 Page 1 of 5 PageID #: 13
  14. 14. Case 1:15-cv-01899-MKB Document 1-4 Filed 04/07/15 Page 2 of 5 PageID #: 14
  15. 15. Case 1:15-cv-01899-MKB Document 1-4 Filed 04/07/15 Page 3 of 5 PageID #: 15
  16. 16. Case 1:15-cv-01899-MKB Document 1-4 Filed 04/07/15 Page 4 of 5 PageID #: 16
  17. 17. Case 1:15-cv-01899-MKB Document 1-4 Filed 04/07/15 Page 5 of 5 PageID #: 17
  18. 18. AO 440 (Rev. 06/12) Summons in a Civil Action UNITED STATES DISTRICT COURT for the __________ District of __________ ) ) ) ) ) ) ) ) ) ) ) ) Plaintiff(s) v. Civil Action No. Defendant(s) SUMMONS IN A CIVIL ACTION To: (Defendant’s name and address) A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are: If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. CLERK OF COURT Date: Signature of Clerk or Deputy Clerk DOUGLAS C. PALMER Case 1:15-cv-01899-MKB Document 1-5 Filed 04/07/15 Page 1 of 2 PageID #: 18 Eastern District of New York Ishtiaq Sanaullah 15-1899 Jeh Johnson et al. Jeh Johnson Office of General Counsel US Department of Homeland Security Washington, DC 20528 Nicklaus Misiti 40 Wall St. fl 28 New York, NY 10005
  19. 19. AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2) Civil Action No. PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l)) This summons for (name of individual and title, if any) was received by me on (date) . ’ I personally served the summons on the individual at (place) on (date) ; or ’ I left the summons at the individual’s residence or usual place of abode with (name) , a person of suitable age and discretion who resides there, on (date) , and mailed a copy to the individual’s last known address; or ’ I served the summons on (name of individual) , who is designated by law to accept service of process on behalf of (name of organization) on (date) ; or ’ I returned the summons unexecuted because ; or ’ Other (specify): . My fees are $ for travel and $ for services, for a total of $ . I declare under penalty of perjury that this information is true. Date: Server’s signature Printed name and title Server’s address Additional information regarding attempted service, etc: Case 1:15-cv-01899-MKB Document 1-5 Filed 04/07/15 Page 2 of 2 PageID #: 19 15-1899 0.00 Print Save As... Reset
  20. 20. AO 440 (Rev. 06/12) Summons in a Civil Action UNITED STATES DISTRICT COURT for the __________ District of __________ ) ) ) ) ) ) ) ) ) ) ) ) Plaintiff(s) v. Civil Action No. Defendant(s) SUMMONS IN A CIVIL ACTION To: (Defendant’s name and address) A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are: If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. CLERK OF COURT Date: Signature of Clerk or Deputy Clerk DOUGLAS C. PALMER Case 1:15-cv-01899-MKB Document 1-6 Filed 04/07/15 Page 1 of 2 PageID #: 20 Eastern District of New York Ishtiaq Sanaullah 15-1899 Jeh Johnson et al. Leon Rodriguez Office of General Counsel US Department of Homeland Security Washington, DC 20528 Nicklaus Misiti 40 Wall St. fl 28 New York, NY 10005
  21. 21. AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2) Civil Action No. PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l)) This summons for (name of individual and title, if any) was received by me on (date) . ’ I personally served the summons on the individual at (place) on (date) ; or ’ I left the summons at the individual’s residence or usual place of abode with (name) , a person of suitable age and discretion who resides there, on (date) , and mailed a copy to the individual’s last known address; or ’ I served the summons on (name of individual) , who is designated by law to accept service of process on behalf of (name of organization) on (date) ; or ’ I returned the summons unexecuted because ; or ’ Other (specify): . My fees are $ for travel and $ for services, for a total of $ . I declare under penalty of perjury that this information is true. Date: Server’s signature Printed name and title Server’s address Additional information regarding attempted service, etc: Case 1:15-cv-01899-MKB Document 1-6 Filed 04/07/15 Page 2 of 2 PageID #: 21 15-1899 0.00 Print Save As... Reset
  22. 22. AO 440 (Rev. 06/12) Summons in a Civil Action UNITED STATES DISTRICT COURT for the __________ District of __________ ) ) ) ) ) ) ) ) ) ) ) ) Plaintiff(s) v. Civil Action No. Defendant(s) SUMMONS IN A CIVIL ACTION To: (Defendant’s name and address) A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are: If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. CLERK OF COURT Date: Signature of Clerk or Deputy Clerk DOUGLAS C. PALMER Case 1:15-cv-01899-MKB Document 1-7 Filed 04/07/15 Page 1 of 2 PageID #: 22 Eastern District of New York Ishtiaq Sanaullah 15-1899 Jeh Johnson et al. Andrea Quarantillo, Director USCIS New York Field Office 26 Federal Plaza New York, NY 10278 Nicklaus Misiti 40 Wall St. fl 28 New York, NY 10005
  23. 23. AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2) Civil Action No. PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l)) This summons for (name of individual and title, if any) was received by me on (date) . ’ I personally served the summons on the individual at (place) on (date) ; or ’ I left the summons at the individual’s residence or usual place of abode with (name) , a person of suitable age and discretion who resides there, on (date) , and mailed a copy to the individual’s last known address; or ’ I served the summons on (name of individual) , who is designated by law to accept service of process on behalf of (name of organization) on (date) ; or ’ I returned the summons unexecuted because ; or ’ Other (specify): . My fees are $ for travel and $ for services, for a total of $ . I declare under penalty of perjury that this information is true. Date: Server’s signature Printed name and title Server’s address Additional information regarding attempted service, etc: Case 1:15-cv-01899-MKB Document 1-7 Filed 04/07/15 Page 2 of 2 PageID #: 23 15-1899 0.00 Print Save As... Reset

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