Wang v. Garland et al

Filing 12

ORDER Granting 11 Stipulation to Withdraw Plaintiff's Section 1447(b) Claim and Stay Case. Joint Status Report due 90 days from the date of this order. Signed by Judge Richard F. Boulware, II on 1/11/2022. (Copies have been distributed pursuant to the NEF - ABG)

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Case 2:21-cv-00837-RFB-EJY Document 12 Filed 01/11/22 Page 1 of 3 1 CHRISTOPHER CHIOU Acting United States Attorney 2 District of Nevada Nevada Bar Number 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 skyler.pearson@usdoj.gov 7 Attorneys for the United States 8 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 9 10 11 Dongyan Wang, 12 13 14 15 16 17 18 Plaintiff, v. Stipulation to Withdraw Plaintiff’s Section 1447(b) Claim and Stay Case Pending Agency Decision Merrick Garland, Attorney General of the United States of America; Alejandro Mayorkas, Secretary of the Department of Homeland Security; Tracy Renaud, Acting Director, U.S. Citizenship and Immigration Services; Clyde Moore, Field Office Director, Las Vegas Field Office U.S. Citizenship and Immigration Services, Defendants. 19 20 Case No. 2:21-cv-00837-RFB-EJY Plaintiff Dongyan Wang and the United States of America, on behalf of Federal 21 Defendants Merrick Garland, Alejandro Mayorkas, Tracy Renaud, and Clyde Moore, 22 through counsel, hereby stipulate and agree as follows: 23 1. Plaintiff filed his Complaint on May 6, 2021. 24 2. Plaintiff served the United States with a copy of the Summons and 25 Complaint on October 27, 2021. 26 3. The deadline for Federal Defendants to answer or otherwise respond was 27 December 27, 2021. 28 Case 2:21-cv-00837-RFB-EJY Document 12 Filed 01/11/22 Page 2 of 3 1 4. On December 23, 2021, the parties stipulated and agreed that the United 2 States should have 14 additional days to file an answer or other responsive pleading on 3 behalf of Federal Defendants (ECF No. 9). The Court granted the extension on December 4 27, 2021, giving the United States until January 10, 2022 to answer or otherwise plead 5 (ECF No. 10). 6 5. Since the Court granted the extension, the parties have engaged in 7 discussions to resolve this case without further Court intervention. As such, the parties 8 hereby stipulate and agree that Plaintiff’s section 1447(b) claim should be withdrawn so as 9 to allow jurisdiction to return to the United States Citizenship and Immigration Services 10 (“USCIS”) for review and adjudication of Plaintiff’s N-400 Application for Naturalization. 11 The parties further stipulate and agree that this case should be held in abeyance until such 12 time as the USCIS has made a final determination as to Plaintiff’s N-400 Application for 13 Naturalization. 14 6. Accordingly, the parties request that the Court stay this matter pending 15 resolution or final adjudication of the Plaintiff’s N-400 Application for Naturalization. If 16 the parties are able to resolve this matter, they will promptly file a stipulation of dismissal. 17 7. If the parties are unable to resolve this matter and the case is not dismissed, 18 the parties agree to file a joint status report 90 days after the entry of the Court’s stay order. 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 2 Case 2:21-cv-00837-RFB-EJY Document 12 Filed 01/11/22 Page 3 of 3 1 5. 2 Respectfully submitted this 10th day of January 2022. This stipulation is made in good faith and not for the purpose of delay. 3 CHRISTOPHER CHIOU Acting United States Attorney 4 5 7 /s/ Peter L. Ashman PETER L. ASHMAN 617 S. 8th Street, Suite B Las Vegas, Nevada 89101 pla@ashmanlaw.com 8 Attorney for Plaintiff 6 /s/ Skyler H. Pearson SKYLER H. PEARSON Assistant United States Attorney Attorneys for the United States 9 10 11 IT IS SO ORDERED: 12 13 UNITED STATES MAGISTRATE JUDGE 14 15 DATED: 16 DATED this 11th day of January, 2022. 17 18 19 20 21 22 23 24 25 26 27 28 3

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