18‐2927‐cv Davila v. Gutierrez et al. UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT=S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION ASUMMARY ORDER@). A PARTY CITING TO A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. 1 At a stated term of the United States Court of Appeals for the Second Circuit, 2 held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the 3 City of New York, on the 17th day of October, two thousand nineteen. 4 5 PRESENT: GERARD E. LYNCH, 6 RAYMOND J. LOHIER, JR., 7 RICHARD J. SULLIVAN, 8 Circuit Judges. 9 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 10 CARLOS DAVILA, 11 12 Plaintiff‐Appellant, 13 14 v. No. 18‐2927‐cv 15 16 PABLO GUTIERREZ, BETH FERTIG, NYDIA 17 VELÁSQUEZ, WNYC 93.9 F.M., ALEXANDRO 18 A. PERAZA, UNITED STATES OF AMERICA, 19 NBCUNIVERSAL MEDIA, LLC, 20 21 Defendants‐Appellees. 22 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ * The Clerk of Court is directed to amend the official caption to conform with the above. 1 FOR APPELLANT: Carlos Davila, pro se, Bronx 2 NY. 3 4 FOR APPELLEES: Jacob Lillywhite, Christopher 5 Connolly, Assistant United 6 States Attorneys, for Geoffrey 7 S. Berman, United States 8 Attorney for the Southern 9 District of New York, New 10 York, NY, for the United States 11 of America and Nydia 12 Velázquez. 13 Katherine Bolger, Davis 14 Wright Tremaine LLP, New 15 York, NY, for Pablo Gutierrez, 16 Beth Fertig, WNYC 93.9 F.M., 17 NBCUniversal Media, LLC. 18 19 Appeal from a judgment of the United States District Court for the 20 Southern District of New York (Gregory H. Woods, Judge). 21 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, 22 AND DECREED that the judgment of the District Court is AFFIRMED. 23 Carlos Davila, proceeding pro se, appeals from a judgment of the District 24 Court (Woods, J.) granting the federal defendants’ and media defendants’ 25 motions to dismiss Davila’s complaint. Davila’s claims arise from the 2 1 termination of his accreditation to represent individuals in certain immigration 2 proceedings as a non‐attorney through the Department of Justice’s Recognition 3 and Accreditation Program (R&A Program), and from media reports and public 4 statements by Representative Nydia Velásquez criticizing him and his operation 5 of the non‐profit organization through which he offered those immigration 6 services. We assume the parties’ familiarity with the underlying facts and the 7 record of prior proceedings, to which we refer only as necessary to explain our 8 decision to affirm. 9 We review de novo the dismissal of claims both for lack of subject matter 10 jurisdiction and for failure to state a claim ...
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Source: All recent Immigration Decisions In All the U.S. Courts of Appeals