Sporea et al v. United States of America et al

Filing 16

ORDER granting 15 Stipulation for Stay of Proceedings. IT IS HEREBY ORDERED that this action is STAYED until February 19, 2021. The parties shall file a joint status report no later than February 12, 2021. Signed by Judge Gloria M. Navarro on 10/14/2020. (Copies have been distributed pursuant to the NEF - HAM)

Case 2:19-cv-01383-GMN-DJA Document 15 Filed 10/13/20 Page 1 of 3
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NICHOLAS A. TRUTANICH
United States Attorney

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GREG ADDINGTON
Nevada State Bar No. 6875
Assistant United States Attorney
Bruce R. Thompson U.S. Courthouse & Fed. Bldg.
400 South Virginia Street, Suite 900
Reno, Nevada 89501
[phone]
[e-mail]
Attorneys for Defendants

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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DIONISIE RAZVAN SPOREA and
SKAI NICOLE PEED-SPOREA,

2:19-cv-1383-GMN-DJA

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STIPULATION AND ORDER FOR STAY
OF PROCEEDINGS PENDING AGENCY
DECISION

Plaintiffs,
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v.
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UNITED STATES OF AMERICA, et al.,
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Defendants.
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Each of the parties to this action, through their respective counsel, stipulate and agree as
follows:
1. This is an action under the Administrative Procedure Act seeking judicial review of an

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immigration-related agency decision issued by the United States Citizenship and immigration Services

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(USCIS) in May 2019.

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2. The May 2019 USCIS decision denied plaintiff Dionisie Sporea’s application for

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adjustment of status (form I-485) based on USCIS’s determination that Dionisie Sporea had entered

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the United States as a “crewman” and was thus ineligible for adjustment of status to lawful permanent

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resident.
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Case 2:19-cv-01383-GMN-DJA Document 15 Filed 10/13/20 Page 2 of 3
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2. USCIS has vacated its May 2019 decision denying plaintiff Dionisie Sporea’s application

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for adjustment of status (form I-485) and will reopen the administrative proceeding regarding the

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application.

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3. The re-opened administrative proceeding will include USCIS’s interview of applicant

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Dionisie Sporea regarding his application for adjustment of status, further development of the

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Administrative Record pertaining to the application with materials and information relevant thereto,

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and USCIS’s reconsideration of Dionisie Sporea’s application for adjustment of status (form I-485) to

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lawful permanent resident .

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3. USCIS expects to schedule and conduct an interview of Dionisie Sporea within 60 days
following the Court’s approval of the within stipulation and will use its best efforts to do so.

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4. USCIS expects to issue a decision to grant Dionisie Sporea’s re-opened application for

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adjustment of status or, alternatively, issue a Notice of Intent to Deny (NOID) the application within

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60 days following the interview of Dionisie Sporea and will use its best efforts to do so. In the event a

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NOID is issued, plaintiff Sporea will be provided an opportunity to respond to the NOID with

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additional information and/or materials and USCIS will thereafter issue its final decision within 60

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days of USCIS’s receipt of Sporea’s response.

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5. Based on the foregoing, the parties jointly request that this civil action be stayed until
February 19, 2021 in order to provide time for USCIS to schedule and conduct an interview of

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//

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//

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//
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Case 2:19-cv-01383-GMN-DJA Document 15 Filed 10/13/20 Page 3 of 3
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Dionisie Sporea and to reconsider his eligibility for adjustment of status to lawful permanent resident.

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The parties propose to file a status report no later than February 12, 2021.

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_/s/ Anna Darbinian________
ANNA DARBINIAN, ESQ,
Counsel for Plaintiffs

_/s/ Greg Addington_____________
GREG ADDINGTON
Assistant United States Attorney

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Based on the foregoing stipulation and good cause appearing therefor, IT IS HEREBY
ORDERED that this action is STAYED until February 19, 2021. The parties shall file a joint status
report no later than February 12, 2021.

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Dated this 14 day of October, 2020
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_________________________________
Gloria M. Navarro, District Judge
United States District Court

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