Opinion
22-CV-6554 (VEC)
05-15-2023
GUOXIN SHAO, Plaintiff, v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, Defendant.
ORDER
VALERIE CAPRONI, United States District Judge:
On August 2, 2022, pro se Plaintiff Guoxin Shao filed this action against U.S. Citizenship and Immigration Services (“USCIS”) to compel the adjudication of his I-485 application for lawful permanent resident status. See Compl., Dkt. 1. After moving to dismiss the action, the Government informed the Court on April 13, 2023 that USCIS had recently issued a Request for Evidence (“RFE”) to Mr. Shao regarding his application, thus mooting this case. See Gov't Letter, Dkt. 34. On April 21, 2023, Mr. Shao confirmed receipt of the RFE and indicated that he consented to his case being dismissed. See Pl. Letter, Dkt. 38. Because USCIS's issuance of an RFE moots this case, see Meng v. USCIS, 597 F.Supp.3d 552, 554 (E.D.N.Y. 2022) (collecting cases), and because Mr. Shao consents to dismissal of this action, the Court DISMISSES the case as moot.
This dismissal does not prejudice Mr. Shao from bringing another action in case of future delay that might satisfy the applicable jurisdictional requirements. See Meixian Ye v. Kelly, 17-CV-3010 (BMC), 2017 WL 2804932, at *2 (E.D.N.Y. June 28, 2017) (“If the time comes in the future where there is another delay that plaintiff believes is illegal, plaintiff will be free to commence another proceeding to challenge that delay.”).
The Clerk of Court is respectfully directed to terminate all open motions, to close this case, to send a copy of this Order to Mr. Shao, and to note the mailing on the docket.
SO ORDERED.