Chang v. Jaddou

Background

Qing Chang brought an action under the Mandamus Act and the Administrative Procedure Act. He sought an order requiring the Secretary of the Department of Homeland Security and the Director of United States Citizenship and Immigration Services to decide his application for asylum.

Report and Recommendation

Magistrate Judge Sarah L. Cave issued a Report and Recommendation recommending that the Court dismiss the case without prejudice. The opinion says the Report and Recommendation advised the parties that they had fourteen days after service to object and that failing to object would waive the right to object.

The Report and Recommendation was electronically served on February 11, 2025. No objections were filed by the deadline. The Court therefore stated that the parties waived their right to object to the recommendation or obtain appellate review. Despite that waiver, the Court conducted a de novo review, meaning an independent review, and found the recommendation well reasoned and supported. The opinion does not state the underlying reason for the recommended dismissal.

Ruling

Judge John P. Cronan adopted the Report and Recommendation in its entirety and dismissed the case without prejudice. The Clerk was directed to update the docket to identify Kristi Noem as the Director of the Department of Homeland Security and Kika Scott as the Senior Official Performing the Duties of the Director of United States Citizenship and Immigration Services, and to close the case.

The Court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. It therefore denied permission to appeal without paying court fees.