Cuadra v. Mayorkas et al

Filing 16

ORDER Granting 15 Stipulation. If the parties are unable to resolve this matter and the case is not dismissed, the parties agree to file another joint status report 60 days after the entry of the Court's order on this stipulation. Signed by Judge Andrew P. Gordon on 1/11/2022. (Copies have been distributed pursuant to the NEF - DRS) Modified link on 1/11/2022 (MR).

Case 2:21-cv-00470-APG-VCF Document 16 Filed 01/11/22 Page 1 of 3

1 CHRISTOPHER CHIOU
Acting United States Attorney
2 District of Nevada
Nevada Bar Number 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]
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7 Attorneys for the United States
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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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Ramiro J. Cuadra,

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Case No. 2:21-cv-00470-APG-VC

Plaintiff,
v.
Alejandro Mayorkas, in his official capacity
as acting Secretary of Homeland Security;
U.S. Department of Homeland Security;
Tracy Renaud, in her official capacity as
acting Director of U.S. Citizenship and
Immigration Services; U.S. Citizenship and
Immigration Services; the United States of
America; and John Does I through XX,
inclusive,

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Joint Status Report and Request to
Continue the Stay of the Proceedings
An Additional 60 Days

Defendants.

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The parties, by and through their respective counsel, hereby file this joint status

22 report and stipulate and jointly move the Court to continue to stay all deadlines an
23 additional 60 days in this matter based on the following:
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1.

On March 23, 2021, Plaintiff filed his Complaint for Relief in the Nature of

25 Mandamus (ECF No. 1), requesting, among other things, that the Court issue a Writ of
26 Mandamus compelling the United States Citizenship and Immigration Services (“USCIS”)
27 to adjudicate Plaintiff’s I-485 application.
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Case 2:21-cv-00470-APG-VCF Document 16 Filed 01/11/22 Page 2 of 3

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2.

The deadline for the Federal Defendants to answer or otherwise plead was

June 23, 2021 (ECF No. 6).

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3.

On June 8, 2021, the parties stipulated to stay this case’s proceedings (ECF

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No. 7). As part of the stipulation, the parties agreed to provide the Court with a joint status

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report 90 days after the entry of the Court’s stay order (ECF No. 7 at 2).

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4.

On June 9, 2021, the Court granted the parties’ stipulation (ECF No. 8).

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5.

On September 7, 2021, the parties filed a joint status report and requested an

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additional 60 days due to Plaintiff’s relocation from Las Vegas to Reno (ECF No. 9).

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6.

Since the Court granted the parties stipulation to extend an additional 60

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days (ECF No. 10), USCIS scheduled and held an interview for Plaintiff. Following

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Plaintiff’s interview USCIS sought additional documentary evidence needed to adjudicate

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Plaintiff’s I-485 application.

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7.

USCIS’s adjudication of Plaintiff’s I-485 application may result in resolution

of some or all of the issues raised in the complaint.

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8.

Accordingly, the parties provide this updated status report and hereby

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request that the Court continue to stay this matter pending resolution or final adjudication

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of Plaintiff’s I-485 application. If the parties are able to resolve this matter, they will

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promptly file a stipulation of dismissal.

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Case 2:21-cv-00470-APG-VCF Document 16 Filed 01/11/22 Page 3 of 3

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9.

If the parties are unable to resolve this matter and the case is not dismissed,

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the parties agree to file another joint status report 60 days after the entry of the Court’s

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order on this stipulation.

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Respectfully submitted this 10th day of January 2022.

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CHRISTOPHER CHIOU
Acting United States Attorney

REZA ATHARI & ASSOCIATES

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/s/ Luther Snavely____
LUTHER SNAVELY
3365 Pepper Lane, Suite 102
Las Vegas, Nevada 89120
Attorney for Plaintiff

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

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IT IS SO ORDERED:
__________________________________________________

ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE
DATED: January 11, 2022

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