Chen v. Mayorkas et al

Filing 13

ORDER: granting #12 Letter Motion for Extension of Time; granting #12 Letter Motion to Adjourn. Defendant's time to answer, move, or otherwise respond to the Complaint is adjourned to Thursday, May 20, 2021. The initial pre-trial conference, currently scheduled for Friday, April 30, 2021 at 12:00 P.M., is hereby adjourned to Friday, May 28, 2021 at 9:30 A.M. Pre-conference submissions are due no later than Thursday, May 20, 2021. For the conference dial in information and a description of the requirements of the pre-conferencesubmissions, the parties should consult the Court's March 5, 2021 Order at docket entry 10. SO ORDERED.( Initial Conference set for 5/28/2021 at 09:30 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 4/27/2021) (ama)

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[Type text] USDC SDNY DOCUMENT ELECTRONICALLY FILED DOC #: DATE FILED: U.S. Department of Justice United States Attorney Southern District of New York 86 Chambers Street New York, New York 10007 MEMO ENDORSED April 26, 2021 VIA ECF Hon. Valerie E. Caproni United States District Judge United States District Court 40 Foley Square New York, New York 10007 Re: Chen v. Mayorkas, et al., No. 21 Civ. 1881 (VEC) Dear Judge Caproni: This Office represents the government in this action in which the plaintiff seeks an order compelling U.S. Citizenship and Immigration Services (“USCIS”) to adjudicate his Application to Register Permanent Residence or to Adjust Status (Form I-485). On behalf of the government, I write respectfully to request an on-consent extension of time of fourteen days to respond to the complaint (i.e., from May 6 to May 20, 2021). I also respectfully request that the initial conference presently scheduled for April 30, 2021, be adjourned sine die. The extension is respectfully requested because USCIS has received the plaintiff’s response to a Request for Evidence and the response is expected to be picked up by an adjudicator later this week, together with the relevant file. USCIS has informed this Office that it anticipates that it will take adjudicative action within the requested extended period, which potentially would render this action moot. This is the government’s first request for an extension of the deadline to respond to the complaint and to adjourn the initial conference. I apologize for making these requests after the submissions for the April 30 conference were due. Plaintiff’s counsel consents to these requests. I thank the Court for its consideration of this letter. Respectfully submitted, AUDREY STRAUSS United States Attorney By: cc: Counsel of record (via ECF) s/ Michael J. Byars MICHAEL J. BYARS Assistant United States Attorney Telephone: (212) 637-2793 Facsimile: (212) 637-2786 E-mail: michael.byars@usdoj.gov SO ORDERED. HON. VALERIE CAPRONI UNITED STATES DISTRICT JUDGE

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