Chengbo He v. U.S. Dep't of Homeland Sec.

Full title: CHENGBO HE, et al., Plaintiffs, v. U.S. DEPARTMENT OF HOMELAND SECURITY…

Court: United States District Court, Western District of Washington

Date published: May 2, 2023

2:23-cv-00261-RSM (W.D. Wash. May. 2, 2023)

Opinion

2:23-cv-00261-RSM

05-02-2023

CHENGBO HE, et al., Plaintiffs, v. U.S. DEPARTMENT OF HOMELAND SECURITY, et al., Defendants.

NICHOLAS W. BROWN United States Attorney, MICHELLE R. LAMBERT, Assistant United States Attorney, Attorneys for Defendants FRAGOMEN DEL REY BERNSEN & LOEWY, LLP, DANIEL P. PIERCE (pro hac vice), FOX ROTHSCHILD LLP, AL ROUNDTREE, Attorneys for Plaintiffs

RICARDO S. MARTINEZ, UNITED STATES DISTRICT JUDGE

Noted for consideration on: April 28, 2023

NICHOLAS W. BROWN United States Attorney, MICHELLE R. LAMBERT, Assistant United States Attorney, Attorneys for Defendants

FRAGOMEN DEL REY BERNSEN & LOEWY, LLP, DANIEL P. PIERCE (pro hac vice), FOX ROTHSCHILD LLP, AL ROUNDTREE, Attorneys for Plaintiffs

JOINT STIPULATION AND ORDER TO CONTINUE DEADLINE

RICARDO S. MARTINEZ, UNITED STATES DISTRICT JUDGE

Plaintiffs and Defendants, pursuant to Federal Rule of Civil Procedure 6 and Local Rules 10(g) and 16, jointly stipulate and move to extend Defendants' time to respond to the Complaint until June 20, 2023. Twelve Plaintiffs bring this litigation pursuant to the Administrative Procedure Act and the Mandamus Act seeking, inter alia, to compel U.S. Citizenship and Immigration Services (“USCIS”) to adjudicate their and their derivatives' Form I-485s, Applications to Register Permanent Residence or Adjust Status. Dkt. No. 1. Defendants' current response deadline is May 8, 2023.

The parties submit there is good cause for the requested extension. USCIS has approved nine of the twelve Plaintiffs' Form I-485s. In addition, USCIS is processing the three remaining Plaintiffs' applications. USCIS recently issued a Request for Evidence to one remaining Plaintiff. USCIS scheduled the two other remaining Plaintiffs for interviews on May 9, 2023. To provide time for USCIS to continue processing the pending Form I-485s, the parties jointly request that the Court extend Defendants' deadline to respond to the Complaint until June 20, 2023. The Parties agree that this is an acceptable timeframe and recognize the possibility that this process may moot Plaintiffs' claims.

ORDER

It is SO ORDERED.