CARREIRA v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES

Filing 6

Joint MOTION to Hold in Abeyance by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES (Attachments: # 1 Text of Proposed Order)(Go, Samuel)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

CHRISTINA CARRIERA,
Plaintiff,
v.
UNITED STATES CITIZENSHIP AND
IMMIGRATION SERVICES,
Defendant.

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Civil Action No. 1:18-cv-02406-APM

JOINT MOTION TO HOLD CASE IN ABEYANCE
COME NOW Plaintiff and Defendant (“parties”), by and through their undersigned counsel,
and hereby move the Court for an Order holding the instant matter in abeyance for one-hundred
twenty (120) days, to April 8, 2019, at which time the parties will file a joint status report with the
Court or dismiss the litigation, as appropriate.
As grounds for this motion, the parties state as follows:
1. On October 21, 2018, Plaintiff filed her Complaint in this matter. ECF No. 1. On November
1, 2018, Plaintiff served the Complaint on Defendant. In accordance with the Federal Rule
of Civil Procedure 12(a)(2), Defendant’s response to Plaintiff’s Complaint is due on or
around December 31, 2018.
2. On November 28, 2018 and November 30, 2018, the parties conferred regarding the instant
matter. During these discussions, Defendant’s counsel indicated to Plaintiff’s counsel that
USCIS was amenable to reopening its August 30, 2018, decision denying Plaintiff’s May
21, 2018 visa petition, issuing a Notice of Intent to Deny (“NOID”) to Plaintiff, and giving
Plaintiff the opportunity to respond to the NOID.

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3. Pursuant to these discussions, the parties agreed to hold the instant matter in abeyance for
one-hundred twenty (120) days, to April 8, 2019, at which time the parties will file a joint
status report with the Court or dismiss the litigation, as appropriate. While the matter is held
in abeyance, the parties intend for the following process to occur:
a. Defendant will issue the NOID within thirty (30) days of entry of the Court’s Order
granting the instant motion;
b. Plaintiff will mail her response to the NOID within thirty (30) days of receiving the
NOID, and Plaintiff’s counsel will provide a tracking number to Defendant’s counsel
(Samuel Go) for Plaintiff’s response to the NOID; and
c. Defendant will issue a decision within sixty (60) days of receiving Plaintiff’s
response to the NOID.
4. Pursuant to LCvR 7(m), counsel for Defendant, Samuel Go, met and conferred with counsel
for Plaintiff, Michael Piston, on November 28, 2018 and November 30, 2018.
WHEREFORE, the parties respectfully move this Court to enter an Order holding the instant
matter in abeyance for one-hundred twenty (120) days.
DATED: December 4, 2018

Respectfully submitted,
JOSEPH H. HUNT
Assistant Attorney General
WILLIAM C. PEACHEY
Director
GLENN M. GIRDHARRY
Assistant Director

By: s/ Michael E. Piston (with permission)
MICHAEL E. PISTON
LAW OFFICE OF MICHAEL E. PISTON
225 Broadway
Suite 307
New York, NY 10007
Tel: [phone]
Fax: [phone]
Email: [e-mail]

By: s/ Samuel P. Go
SAMUEL P. GO
Senior Litigation Counsel
United States Department of Justice
Civil Division
Office of Immigration Litigation
District Court Section
P.O. Box 868, Ben Franklin Station
Washington, DC 20044
Tel: [phone]
Fax: [phone]
Email: [e-mail]

Attorney for Plaintiff

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Attorneys for Defendant

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CERTIFICATE OF SERVICE
I certify that on December 4, 2018, I electronically filed the foregoing JOINT MOTION TO
HOLD CASE IN ABEYANCE with the Clerk of Court by using the CM/ECF system, which will
provide electronic notice and an electronic link to this document to the following attorney of record:
Michael E. Piston
LAW OFFICE OF MICHAEL E. PISTON
225 Broadway
Suite 307
New York, NY 10007
Tel: [phone]
Fax: [phone]
Email: [e-mail]
DATED: December 4, 2018
s/ Samuel P. Go
SAMUEL P. GO
Senior Litigation Counsel
United States Department of Justice
Civil Division