Gao et al v. Wolf et al

Filing 15

ORDER Granting 14 Stipulation to Stay Proceedings Pending Agency Decision. Joint Status Report due by 7/30/2021. Signed by Judge Kent J. Dawson on 3/30/2021. (Copies have been distributed pursuant to the NEF - MR)

1 CHRISTOPHER CHIOU
Acting United States Attorney
2 District of Nevada
Nevada Bar No. 14853
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SKYLER H. PEARSON
4 Assistant United States Attorney
501 Las Vegas Blvd. So., Suite 1100
5 Las Vegas, Nevada 89101
[phone]
6 [e-mail]
7 Attorneys for the United States
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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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Yang Gao; and Bo Liu,
Plaintiffs,

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v.

Case No. 2:21-cv-00055-KJD-NJK
Stipulation and Order For Stay Of
Proceedings Pending Agency Decision

Chad Wolf, Acting DHS Secretary; Jeffrey
Rosen, Acting US AG,
Defendant.

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Plaintiffs Yang Gao and Bo Lui, acting pro se, and Defendants, through undersigned

18 counsel, stipulate and agree as follows:
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1. In this action, Plaintiffs allege statutory and constitutional violations arising from

20 the United States Citizenship and Immigration Services (“USCIS”) not having adjudicated
21 Plaintiffs’ I-485s, Applications to Register Permanent Residence or Adjust Status or Mr.
22 Gao’s I-730, Refugee/Asylee Relative Petition on behalf of his son (ECF No. 1-1 at 4).
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2. On March 15, 2021, USCIS issued notices of interview scheduling the I-485

24 application interviews for April 7, 2021.
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3. These interviews will further develop the Administrative Record pertaining to the

26 applications with materials and information relevant thereto, and USCIS’s consideration of
27 Plaintiffs’ applications for adjustment of status to lawful permanent resident (forms I-485)
28 and refugee/asylee relative petition (form I-730).

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4. USCIS expects to issue a decision to grant Plaintiffs’ applications for adjustment

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of status or, alternatively, issue a Notice of Intent to Deny (“NOID”) within 60 days

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following the interviews and will use its best efforts to do so. In the event a NOID is issued,

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Plaintiffs will be provided an opportunity to respond to the NOID with additional

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information and/or materials and USCIS will use its best efforts to thereafter issue its final

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decision within 60 days of USCIS’s receipt of Plaintiffs’ responses.

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5. Based on the foregoing, the parties jointly request that this civil action be stayed

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until August 6, 2021 in order to provide time for USCIS to conduct the interviews and

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consider Plaintiffs’ eligibility for adjustment of status to lawful permanent residents. The

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parties propose to file a status report no later than July 30, 2021.
Respectfully submitted this 26th day of March 2021.

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CHRISTOPHER CHIOU
Acting United States Attorney

Yang Gao
YANG GAO
For pro se Plaintiffs

/s/ Skyler H. Pearson
SKYLER H. PEARSON
Assistant United States Attorney

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Based on the foregoing stipulation and good cause appearing therefore, IT IS HEREBY

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ORDERED that this action is STAYED until August 6, 2021. The parties shall file a joint status

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report no later than July 30, 2021.

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Date: _______________________, 2021
March 30

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_________________________________
UNITED STATES DISTRICT JUDGE

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