21-1088-cv Manchanda, et al. v. Lewis, 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 “SUMMARY ORDER”). A PARTY CITING TO A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 17th day of December, two thousand twenty-one. PRESENT: ROBERT D. SACK, GERARD E. LYNCH, JOSEPH F. BIANCO, Circuit Judges. _____________________________________ Sylwia Ewelina Madej Manchanda, Rahul Manchanda, Plaintiffs-Appellants, v. 21-1088-cv Andrea Lewis, Immigration Services Officer, Susan Quintana, New York USCIS Field Office Director, United States Citizenship Immigration Services (“USCIS”), a federal administrative agency within the Department of Homeland Security (“DHS”), Does 1-5, Defendants-Appellees. * ____________________________________ FOR PLAINTIFFS-APPELLANTS: JOHN P. FAZZIO, Fazzio Law Offices, New York, * The Clerk of Court is respectfully directed to amend the caption as set forth above. NY. FOR DEFENDANTS-APPELLEES: ILAN STEIN, Assistant United States Attorney (Benjamin H. Torrance, Assistant United States Attorney, on the brief), for Audrey Strauss, United States Attorney for the Southern District of New York, New York, NY. Appeal from an order and judgment of the United States District Court for the Southern District of New York (Daniels, J.). UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order and judgment of the district court are AFFIRMED. Plaintiffs-Appellants Sylwia Ewelina Madej Manchanda and Rahul Manchanda (collectively, “Plaintiffs”) appeal from the March 30, 2021 order and judgment of the United States District Court for the Southern District of New York, adopting Magistrate Judge Robert W. Lehrburger’s February 23, 2021 Report and Recommendation (“R&R”) and dismissing their amended complaint pursuant to Rule 12(b)(1) and Rule 12(b)(6) of the Federal Rules of Civil Procedure. Mrs. Manchanda seeks to become a lawful permanent resident of the United States based on her marriage to Mr. Manchanda, who is a United States citizen. Mr. Manchanda petitioned the United States Citizenship and Immigration Services (“USCIS”) to adjust his wife’s immigration status and Plaintiffs subsequently attended an interview conducted by USCIS Officer Andrea Lewis to assess the bona fides of the marriage. Following that interview, Plaintiffs brought this lawsuit, alleging that Officer Lewis insulted, mocked, and humiliated Plaintiffs and their baby during the interview and, after Plaintiffs filed a complaint, retaliated against Plaintiffs by issuing 2 a Stokes Interview notice. 1 Plaintiffs also allege retaliation by USCIS Field Office Director Susan Quintana, who they allege has begun to deny immigration cases filed by Mr. Manchanda on behalf …
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Source: All recent Immigration Decisions In All the U.S. Courts of Appeals