Ceridor v. Mayorkas et al

Filing 13

MEMO ENDORSED ORDER granting 12 Motion to Stay an additional ninety days (i.e. from August 4, 2022 to November 2, 2022. JOINT MOTION to Adjourn Conference presently scheduled for August 19, 2022 until after the stay period; gran ting 12 Motion to Adjourn Conference. ENDORSEMENT: Application GRANTED. This matter is hereby STAYED until November 2, 2022. The Initial Pre-Trial Conference currently scheduled for August 19, 2022, is hereby ADJOURNED until November 18, 2022, at 10:00 a.m. Pre-conference submissions are due not later than November 3, 2022. SO ORDERED. ( Initial Conference set for 11/18/2022 at 10:00 AM before Judge Valerie E. Caproni.). (Signed by Judge Valerie E. Caproni on 8/2/2022) (vfr)

Case 1:22-cv-01605-VEC Document 12
13 Filed 08/01/22
08/02/22 Page 1 of 2
U.S. Department of Justice
[Type text]
United States Attorney
Southern District of New York

MEMO
EMO ENDORSED
VIA ECF
Hon. Valerie E. Caproni
United States District Judge
United States District Court
40 Foley Square
New York, New York 10007
Re:

86 Chambers Street
New York, New York 10007

August 1, 2022

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 8/2/22

Samnel Ceridor v. Mayorkas, et al., No. 22 Civ. 1605 (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 an Application to
Register Permanent Residence or Adjust Status (Form I-485). I write respectfully on behalf of all
parties to jointly request that the Court continue to stay this matter for an additional ninety days
(i.e., from August 4, 2022, to November 2, 2022) and that the initial conference presently
scheduled for August 19, 2022, be adjourned until after the stay period.
As discussed in the prior joint stay request, see ECF No. 10, the plaintiff is subject to a
removal order but has been accorded Temporary Protected Status (“TPS”). A central issue in this
case is the legal effect of the plaintiff’s travel and return to the United States pursuant to a grant of
advance parole and whether USCIS has jurisdiction to adjudicate the Form I-485. Under the
government’s current interpretation of 8 U.S.C. § 1254a(f)(3) and section 304(c) of the
Miscellaneous and Technical Immigration and Naturalization Amendments of 1991 (“MTINA”),
such travel by an individual with TPS does not execute a removal order, and thus, the plaintiff
remains in the status he had before he travelled—i.e., a noncitizen with a removal order. It is the
government’s current position that, in these circumstances, the immigration judge has exclusive
jurisdiction over whether the plaintiff can adjust status, and therefore, USCIS cannot adjudicate a
Form I-485. See 8 C.F.R. §§ 1240.1(a)(1)(ii), 1245.2(a)(1)(i) (granting “exclusive jurisdiction” to
the immigration court following commencement of removal proceedings when a noncitizen is not
an “arriving alien,” i.e., an applicant for admission at a port of entry).
The plaintiff recently filed a request for prosecutorial discretion seeking termination of his
removal proceedings with the Office of the Principal Legal Advisor (“OPLA”) of U.S.
Immigration and Customs Enforcement (“ICE”). Should the plaintiff’s removal proceedings be
terminated pursuant to the above process, USCIS could then resume adjudication of the Form I485.
The parties respectfully submit that it is in the interest of efficiency and conservation of
resources for the Court to stay this case for ninety days to allow the plaintiff to pursue the abovedescribed process. This could potentially avoid unnecessary motion practice and thus could
preserve judicial and party resources, particularly given that the conclusion of this process could
render this action moot. This is the parties’ second request for a stay; the Court granted the prior
request. See ECF No. 11.

Case 1:22-cv-01605-VEC Document 12
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Page 2
We thank the Court for its consideration of this request.
Respectfully submitted,
DAMIAN WILLIAMS
United States Attorney
By:

s/ Jacqueline Roman
JACQUELINE ROMAN
Special Assistant United States Attorney
86 Chambers Street, 3rd Floor
New York, New York 10007
Telephone: [phone]
E-mail: [e-mail]
Attorney for Defendants

cc: Counsel of record (via ECF)

Application GRANTED. This matter is hereby STAYED until November 2, 2022. The
Initial Pre-Trial Conference currently scheduled for August 19, 2022, is hereby
ADJOURNED until November 18, 2022, at 10:00 a.m. Pre-conference submissions are due
not later than November 3, 2022.
SO ORDERED.

8/2/22
HON. VALERIE CAPRONI
UNITED STATES DISTRICT JUDGE