Raja Devapriya et al v. Barr et al

Filing 17

ORDER granting 16 Letter Motion for Extension of Time; granting 16 Letter Motion to Adjourn Conference. Application granted. The deadline for the Government to respond to the complaint is extended to January 22, 2021. The initial status confe rence scheduled for January 8, 2021 is hereby adjourned to February 5, 2021 at 2:30 p.m. The parties joint letter and proposed case management plan shall be filed no later than January 29, 2021. SO ORDERED. (Initial Conference set for 2/5/2021 at 02:30 PM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 12/21/2020) (kv)

Case 1:20-cv-05605-RA Document 16 Filed 12/18/20 Page 1 of 2
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U.S. Department of Justice
[Type text]
United States Attorney
Southern District of New York
86 Chambers Street
New York, New York 10007

December 18, 2020

VIA ECF
Hon. Ronnie Abrams
United States District Judge
United States District Court
40 Foley Square
New York, New York 10007
Re:

Raja Devapriya, et al. v. Barr, et al., No. 20 Civ. 5605 (RA)

Dear Judge Abrams:
This Office represents the government in this action in which plaintiffs seek an order
compelling U.S. Citizenship and Immigration Services (“USCIS”) to take action on their
respective Applications for Naturalization (Form N-400). On behalf of the government, I write
respectfully to request an on-consent extension of time of one month to respond to the complaint
(i.e., from December 22, 2020 to January 22, 2021). I also respectfully request that the initial
conference presently scheduled for January 8, 2021 be adjourned to a date at least one week after
January 22, 2021.
The extension and adjournment are requested because USCIS has scheduled plaintiff Raja
Devapriya for a naturalization interview on January 11, 2021. Thus, the requested extension and
adjournment will afford USCIS time to conduct the interview and to determine what next steps
may be necessary for Raja Devapriya’s Form N-400, or to proceed to take adjudicate it, which
would render that aspect of this action moot. With regard to the request to schedule an oath
ceremony, I am informed that USCIS has been experiencing delays in scheduling oath ceremonies
due to the pandemic, but anticipates that it may know more about scheduling in one month’s time.
This is the government’s second request for an extension of the deadline to respond to the
complaint and third request to adjourn the initial conference. 1 Plaintiff’s counsel consents to these
requests.

1

On September 15, 2020, the government request an adjournment of the initial conference in light
of the fact that the government’s response was not due until October 23, 2020. See ECF No. 11.
On September 16, 2020, this Court granted that request. See ECF No. 12. On October 20, 2020,
the government requested an extension of time to respond to the complaint and adjournment of the
initial conference because USCIS had just received the plaintiffs’ files and needed time to review
them. See ECF No. 13. The Court granted that request the following day. See ECF No. 14.

Case 1:20-cv-05605-RA Document 16 Filed 12/18/20 Page 2 of 2
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I thank the Court for its consideration of this letter.
Respectfully submitted,
AUDREY STRAUSS
Acting United States Attorney
By:

s/ Michael J. Byars
MICHAEL J. BYARS
Assistant United States Attorney
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

cc: Counsel of record (via ECF)

Application granted. The deadline for the Government to
respond to the complaint is extended to January 22,
2021.
The initial status conference scheduled for January 8,
2021 is hereby adjourned to February 5, 2021 at 2:30
p.m. The parties’ joint letter and proposed case
management plan shall be filed no later than January 29,
2021.
SO ORDERED.

____________________
Hon. Ronnie Abrams
12/21/2020