Jones v. Board of Immigration
- Laura Swain
- 1:25-cv-01577
- U.S. District Court · Southern District of New York
- 2
In Jones v. Board of Immigration, Judge Swain dismissed Rafael Jones’s action without prejudice for failing to update his address.
Rafael Jones, Sr.; his action was dismissed without prejudice, and permission to proceed without paying the appeal fee was denied.
What happened
In Jones v. Board of Immigration, the court had ordered Rafael Jones to explain why his case should not be dismissed because he had not updated his address as required by a court standing order. The standing order required self-represented litigants to notify the court of address or electronic-contact changes.
Jones did not update his address or otherwise communicate with the court. The court therefore dismissed the action under Rule 41(b) of the Federal Rules of Civil Procedure for failing to comply with the standing order. The dismissal does not prevent Jones from filing a new civil action.
Chief Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith and denied Jones permission to proceed without paying the appeal fee. The court directed the Clerk of Court to enter judgment.
The detailed version
- Jones v. Board of Immigration · No. 1:25-cv-01577
- Laura Swain
- May 14, 2025
Background
On March 25, 2025, the court ordered Rafael Jones to show cause—explain why the case should remain open—within 30 days. The order followed Jones’s failure to update his address as required by the court’s March 18, 2024 Standing Order. That standing order requires self-represented litigants to inform the court whenever their address or electronic contact information changes.
Dismissal
Jones did not update his address and did not otherwise communicate with the court. The court dismissed the action under Rule 41(b) of the Federal Rules of Civil Procedure, which permits dismissal for failure to comply with a court order. The dismissal is without prejudice to Jones’s filing a new civil action, meaning the order does not bar a new case.
Other rulings
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to proceed without paying the required fee for an appeal. The court also directed the Clerk of Court to enter judgment. Chief Judge Laura Taylor Swain signed the order on May 14, 2025.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.