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Case TitleOlivas Castillo v. U.S. Department of Homeland Security et al
DistrictDistrict of New Mexico
CityAlbuquerque
Case Number1:2011cv00069
Date Filed2011-01-20
Date Closed2011-11-22
JudgeMagistrate Judge Lorenzo F. Garcia
PlaintiffMarcos Olivas Castillo
DefendantU.S. Department of Homeland Security
DefendantJanet Napolitano Secretary of the U.S. Department of Homeland Security
DefendantU.S. Immigration and Customs Enforcement (ICE) Division of the Department of Homeland Security
DefendantJohn Morton ICE Director
DefendantU.S. Citizenship and Immigration Services (USCIS) Division of the Department of Homeland Security
DefendantU.S. Citizenship and Immigration Services (USCIS) Division of the Department of Homeland Security
TERMINATED: 05/27/2011
DefendantAlejandro Mayorkas USCIS Director
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2011-01-201COMPLAINT for Declaratory and Injunctive Relief against Department of Homeland Security, Alejandro Mayorkas, John Morton, Janet Napolitano, USCIS, USICE ( Filing Fee - Online Payment), filed by Marcos Olivas Castillo. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5)(Vrapi, Olsi) (Entered: 01/20/2011)
2011-01-20Filing Fee Received: $ 350 receipt number 1084-1848294 re 1 Complaint, filed by Marcos Olivas Castillo (Payment made via Pay.gov)(Vrapi, Olsi) (Entered: 01/20/2011)
2011-01-202APPENDIX/SUPPLEMENT re 1 Complaint, Civil Cover Sheet by Marcos Olivas Castillo (Vrapi, Olsi) (Entered: 01/20/2011)
2011-01-20Magistrate Judge Lorenzo F. Garcia and Magistrate Judge Robert Hayes Scott assigned. (ah) (Entered: 01/20/2011)
2011-01-203PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Lorenzo F. Garcia to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmcourt.fed.us for more information and instructions. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ah) (Entered: 01/20/2011)
2011-01-20Summons Issued as to Alejandro Mayorkas, John Morton, Janet Napolitano, U.S. Citizenship and Immigration Services (USCIS), U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement (ICE), U.S. Attorney and U.S. Attorney General (ah) (Entered: 01/20/2011)
2011-03-244ANSWER to 1 Complaint, by U.S. Immigration and Customs Enforcement (ICE). Related document: 1 Complaint, filed by Marcos Olivas Castillo.(Lucero, Manuel) (Entered: 03/24/2011)
2011-03-255MOTION to Dismiss for Lack of Jurisdiction OR, ALTERNATIVELY, FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANT by U.S. Citizenship and Immigration Services (USCIS). (Lucero, Manuel) (Entered: 03/25/2011)
2011-03-256MEMORANDUM in Support re 5 MOTION to Dismiss for Lack of Jurisdiction OR, ALTERNATIVELY, FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANT filed by U.S. Citizenship and Immigration Services (USCIS). (Attachments: # 1 Exhibit Declaration, # 2 Exhibit Exhibit to declaration)(Lucero, Manuel) (Entered: 03/25/2011)
2011-03-257NOTICE of Appearance by Manuel Lucero on behalf of Alejandro Mayorkas, John Morton, Janet Napolitano, U.S. Citizenship and Immigration Services (USCIS), U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement (ICE) (Lucero, Manuel) (Entered: 03/25/2011)
2011-03-308NOTICE of Impending Reassignment by Magistrate Judge Lorenzo F. Garcia. (clm) (Entered: 03/30/2011)
2011-03-309CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Alejandro Mayorkas, John Morton, Janet Napolitano, U.S. Citizenship and Immigration Services (USCIS), U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement (ICE) voluntarily consents to have United States Magistrate Judge Lorenzo F. Garcia conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Lucero, Manuel) [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 03/30/2011)
2011-03-3010CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Marcos Olivas Castillo voluntarily consents to have United States Magistrate Judge Lorenzo F. Garcia conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Vrapi, Olsi) [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 03/30/2011)
2011-04-2511SCHEDULING ORDER: by Magistrate Judge Robert Hayes Scott Rule 16(c) Hearing set for 6/9/2011 at 09:30 AM in Albuquerque - 620 Judge Robert H. Scott Chambers before Magistrate Judge Robert Hayes Scott. (ge) (Entered: 04/25/2011)
2011-04-2512RESPONSE in Opposition re 5 MOTION to Dismiss for Lack of Jurisdiction OR, ALTERNATIVELY, FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANT filed by Marcos Olivas Castillo. (Attachments: # 1 Exhibit Exhibit 1)(Vrapi, Olsi) (Entered: 04/25/2011)
2011-05-1613REPLY to Response to Motion re 5 MOTION to Dismiss for Lack of Jurisdiction OR, ALTERNATIVELY, FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANT filed by U.S. Citizenship and Immigration Services (USCIS). (Lucero, Manuel) (Entered: 05/16/2011)
2011-05-2614ERRATA re 6 Memorandum in Support, Exhibit D by U.S. Citizenship and Immigration Services (USCIS), U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement (ICE) (Lucero, Manuel) (Entered: 05/26/2011)
2011-05-2715MEMORANDUM OPINION AND ORDER by Magistrate Judge Lorenzo F. Garcia granting Defendant USCIS's Motion to Dismiss 5 and dismissing Plaintiff's claims against USCIS with prejudice, for the reasons stated herein. (mw) (Entered: 05/27/2011)
2011-06-0616ORDER by Magistrate Judge Lorenzo F. Garcia Vacating Initial Scheduling Order and Conference set for 6/9/11. (clm) (Entered: 06/06/2011)
2011-06-0717NOTICE by U.S. Immigration and Customs Enforcement (ICE) and Plaintiff of Agreed Briefing Schedule (Lucero, Manuel) (Entered: 06/07/2011)
2011-07-2918Unopposed MOTION for Extension of Time to File Simultaneous by U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement (ICE). (Lucero, Manuel) (Entered: 07/29/2011)
2011-08-0119ORDER to Extend Briefing Schedule by Magistrate Judge Robert Hayes Scott granting 18 Motion for Extension of Time to File (ln) (Entered: 08/01/2011)
2011-08-3120MOTION for Summary Judgment by U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement (ICE). (Lucero, Manuel) (Entered: 08/31/2011)
2011-08-3121MEMORANDUM in Support re 20 MOTION for Summary Judgment filed by U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement (ICE). (Attachments: # 1 Affidavit Decleration of Ryan Law, # 2 Exhibit Vaughn Index)(Lucero, Manuel) (Entered: 08/31/2011)
2011-08-3122First MOTION for Summary Judgment by Marcos Olivas Castillo. (Vrapi, Olsi) (Entered: 08/31/2011)
2011-08-3123MEMORANDUM in Support re 22 First MOTION for Summary Judgment filed by Marcos Olivas Castillo. (Vrapi, Olsi) (Entered: 08/31/2011)
2011-09-1624**FILED IN ERROR** RESPONSE to Motion re 22 First MOTION for Summary Judgment filed by U.S. Immigration and Customs Enforcement (ICE). (Lucero, Manuel) Modified on 9/16/2011 (dmw). (Entered: 09/16/2011)
2011-09-1625MEMORANDUM in Opposition re 20 MOTION for Summary Judgment, 21 Memorandum in Support, filed by Marcos Olivas Castillo. (Vrapi, Olsi) (Entered: 09/16/2011)
2011-09-1626RESPONSE in Opposition re 22 First MOTION for Summary Judgment Of the Plaintiff filed by U.S. Immigration and Customs Enforcement (ICE). (Lucero, Manuel) (Entered: 09/16/2011)
2011-10-0527NOTICE of Briefing Complete by U.S. Immigration and Customs Enforcement (ICE) re 20 MOTION for Summary Judgment filed by U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement (ICE) (Lucero, Manuel) (Entered: 10/05/2011)
2011-10-0528NOTICE of Briefing Complete by Marcos Olivas Castillo re 22 First MOTION for Summary Judgment filed by Marcos Olivas Castillo (Vrapi, Olsi) (Entered: 10/05/2011)
2011-11-2229MEMORANDUM OPINION AND ORDER by Magistrate Judge Lorenzo F. Garcia Granting Defendants' Motion for Summary Judgment 20 and Denying Plaintiff's Motion for Summary Judgment 22 . (clm) (Entered: 11/22/2011)
2011-11-2230FINAL JUDGMENT in favor of Defendants against Plaintiff by Magistrate Judge Lorenzo F. Garcia, dismissing Plaintiff's Complaint with prejudice. (clm) (Entered: 11/22/2011)
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by FOIA Project Staff
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