Yang v. Garland et al

Filing 12

ORDER granting 11 Letter Motion for Extension of Time; granting 11 Letter Motion to Adjourn Conference. Application granted. The initial pretrial conference is hereby adjourned until December 3, 2021 at 2:45 p.m. SO ORDERED. (Initial Conference set for 12/3/2021 at 02:45 PM before Judge Ronnie Abrams.). (Signed by Judge Ronnie Abrams on 9/8/2021) (kv)

Case 1:21-cv-03480-RA Document 12 Filed 09/08/21 Page 1 of 1
U.S. Department of Justice
[Type text]
United States Attorney
Southern District of New York
86 Chambers Street
New York, New York 10007

Application granted. The initial
pretrial conference is hereby
adjourned until December 3, 2021
at 2:45 p.m.

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

SO ORDERED.

Yang v. Garland, et al., No. 21 Civ. 3480 (RA)

Dear Judge Abrams:

_________________________
Hon. Ronnie Abrams
September 8, 2021

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 her 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 sixty days to respond to the
complaint (i.e., from September 9 to November 8, 2021). I also respectfully request that the initial
conference presently scheduled for September 24, 2021, be adjourned to the week of November
15, 2021 or thereafter.
The extension is respectfully requested to allow the plaintiff additional time to respond to
USCIS’s Request for Evidence (“RFE”) relating to the Form I-485. (The August 16 date for the
response to the RFE is extended due to the COVID-19 pandemic.) Assuming that the plaintiff
submits her RFE response in the coming weeks, USCIS may be able to proceed to take adjudicative
action within the requested extended period, which potentially would render this action moot. This
is the government’s third request for an extension of the deadline to respond to the complaint and
to adjourn the initial conference. 1 Plaintiff consents to these requests.
I thank the Court for its consideration of this letter.
Respectfully submitted,
AUDREY STRAUSS
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)
1

On May 21 and July 22, 2021, the government requested an extension of its time to respond to
the complaint and an adjournment of the initial conference in light of the pendency of the RFE.
See ECF Nos. 7, 9. The Court granted the requests. See ECF Nos. 8, 10.