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