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)

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1 CHRISTOPHER CHIOU Acting United States Attorney 2 District of Nevada Nevada Bar No. 14853 3 SKYLER H. PEARSON 4 Assistant United States Attorney 501 Las Vegas Blvd. So., Suite 1100 5 Las Vegas, Nevada 89101 (702) 388-6336 6 7 Attorneys for the United States 8 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 9 10 11 Yang Gao; and Bo Liu, Plaintiffs, 12 13 14 15 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. 16 17 Plaintiffs Yang Gao and Bo Lui, acting pro se, and Defendants, through undersigned 18 counsel, stipulate and agree as follows: 19 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). 23 2. On March 15, 2021, USCIS issued notices of interview scheduling the I-485 24 application interviews for April 7, 2021. 25 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). 1 4. USCIS expects to issue a decision to grant Plaintiffs’ applications for adjustment 2 of status or, alternatively, issue a Notice of Intent to Deny (“NOID”) within 60 days 3 following the interviews and will use its best efforts to do so. In the event a NOID is issued, 4 Plaintiffs will be provided an opportunity to respond to the NOID with additional 5 information and/or materials and USCIS will use its best efforts to thereafter issue its final 6 decision within 60 days of USCIS’s receipt of Plaintiffs’ responses. 7 5. Based on the foregoing, the parties jointly request that this civil action be stayed 8 until August 6, 2021 in order to provide time for USCIS to conduct the interviews and 9 consider Plaintiffs’ eligibility for adjustment of status to lawful permanent residents. The 10 11 parties propose to file a status report no later than July 30, 2021. Respectfully submitted this 26th day of March 2021. 12 13 14 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 15 16 17 Based on the foregoing stipulation and good cause appearing therefore, IT IS HEREBY 18 ORDERED that this action is STAYED until August 6, 2021. The parties shall file a joint status 19 report no later than July 30, 2021. 20 21 Date: _______________________, 2021 March 30 22 23 _________________________________ UNITED STATES DISTRICT JUDGE 24 25 26 27 28 2

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