Xiaoying Song v. Merrick B. Garland et al

Filing 15

ORDER DISMISSING CASE by Judge Percy Anderson. IT IS HEREBY ORDERED that: 1. The instant action shall be dismissed without prejudice; (See document for further details). RE: Joint STIPULATION to Dismiss Case pursuant to interview scheduled, 14 . (Case Terminated. Made JS-6.) (aco)

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JS-6 1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT 11 FOR THE CENTRAL DISTRICT OF CALIFORNIA 12 13 XIAOYING SONG, No. 2:24-cv-05678-PA-MAA 14 ORDER DISMISSING CASE 15 16 Plaintiff, Pro Se v. MERRICK GARLAND, Attorney 17 General of the United States, ET AL., 18 Defendants. 19 20 21 22 23 24 25 26 27 28 Honorable Percy Anderson United States District Judge 1 2 Having read and considered the Joint Stipulation to Dismiss the Case submitted by the parties, and finding good cause therefor, 3 IT IS HEREBY ORDERED that: 4 1. The instant action shall be dismissed without prejudice; 5 2. USCIS shall interview Plaintiff, Xiaoying Song, on June 30, 2024, at 6:45 6 a.m., at the Los Angeles Asylum Office in Tustin, California. USCIS 7 intends to conduct the interview on the date set, however, the parties 8 understand that due to unexpected staffing limitations or other unforeseen 9 circumstances that may arise, USCIS reserves its right to cancel and 10 reschedule the interview. Should rescheduling be necessary, the interview 11 will be rescheduled within four (4) weeks of the original interview date, 12 absent unforeseen or exceptional circumstances; 13 3. If needed by Plaintiff or their dependent(s), Plaintiff shall bring their own 14 interpreter to their asylum interview. See 15 https://www.uscis.gov/newsroom/alerts/affirmative-asylum-applicants- 16 must-provide-interpreters-starting-sept-13. Plaintiff recognizes that failure 17 to bring an interpreter to their interview may result in the interview being 18 rescheduled at no fault of USCIS. 19 4. unforeseen or exceptional circumstances; 20 21 Plaintiff agrees to attend the interview on the date listed above, absent 5. If needed by Plaintiff or their dependent(s), Plaintiff shall bring their own 22 interpreter to their asylum interview. Plaintiff recognizes that failure to bring 23 an interpreter to their interview may result in the interview being rescheduled 24 at no fault of USCIS. 25 6. If needed, Plaintiff agrees to only make one (1) interview reschedule request 26 and to notify the Los Angeles Asylum Office of the reschedule request, in 27 writing, prior to the scheduled interview date. Plaintiff may email the 28 reschedule request to LosAngelesAsylum@uscis.dhs.gov; 1 1 7. If multiple reschedule requests are made by Plaintiff, USCIS may place the 2 asylum application back into the Los Angeles Asylum Office’s general 3 interview 4 https://www.uscis.gov/humanitarian/refugees-and- 5 asylum/asylum/affirmative-asylum-interview-scheduling; 6 8. scheduling priorities. See Plaintiff understands that additional interview(s) may be required by USCIS 7 as part of the asylum interview process and the adjudication of the 8 application; 9 9. USCIS agrees to diligently work towards completing adjudication of the 10 asylum application within 120 days of completion of Plaintiff’s asylum 11 interview, absent unforeseen or exceptional circumstances that would 12 require additional time to complete adjudication; 13 10. In the event that USCIS does not complete adjudication of the asylum 14 application within 120 days of the completion of the asylum interview, 15 Plaintiff may refile this action; 16 11. Plaintiff agrees to submit all supplemental documents and evidence, if any, 17 to USCIS prior to the agreed upon scheduled interview based on the 18 following timelines. Plaintiff may email any supplemental documents to 19 LosAngelesAsylum@uscis.dhs.gov at least seven (7) calendar days before 20 the interview. Alternatively, Plaintiff may mail the supplemental documents 21 to the Los Angeles Asylum Office, P.O. Box 2003, Tustin, CA 92781-2003, 22 postmarked no later than ten (10) calendar days prior to the scheduled 23 asylum interview. Plaintiff recognizes that failure to submit these 24 documents in a timely manner may result in the interview being rescheduled 25 at no fault of USCIS; 26 27 12. Each party agrees to bear it’s the party’s own litigation costs, expenses, and IT IS SO ORDERED attorney fees. Dated d 28 2 September Sept pte pt em mberr 26, 26 6, 2024 2024 20 United S States ttaates a District Judge

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