Opinion
2:24-cv-02110-AB-BFM
05-23-2024
PEI HAN, Plaintiff, v. ALEJANDRO N. MAYORKAS, et al., Defendants.
[PROPOSED] ORDER DISMISSING ACTION GIVEN PENDING ADJUDICATION OF APPLICATION
HONORABLE ANDRE BIROTTE JR., UNITED STATES DISTRICT JUDGE.
Having considered the parties' Joint Stipulation to Dismiss the Case, and finding good cause therefor, the Court DISMISSES the action without costs and without prejudice to the right to re-open the action, or seek an extension to do so, by July 30, 2025 if USCIS has not completed adjudication of the asylum application. This Court retains full jurisdiction over this action and this Order shall not prejudice any party to this action. IT IS HEREBY ORDERED that:
1. USCIS shall interview Plaintiff on April 1, 2025, at 7:45 a.m., at the Los Angeles Asylum Office in Tustin, California. USCIS intends to conduct the interview on the date set, however, the parties understand that due to unexpected staffing limitations or other unforeseen circumstances that may arise, USCIS reserves its right to cancel and reschedule the interview. Should rescheduling be necessary, the interview will be
rescheduled within four (4) weeks of the original interview date, absent unforeseen or exceptional circumstances;
2. If needed by Plaintiff or their dependent(s), Plaintiff shall bring their own interpreter to their asylum interview. See https://www.uscis.gov/newsroom/alerts/affirmative-asylum-applicants-must-provide-interpreters-starting-sept-13. Plaintiff recognizes that failure to bring an interpreter to their interview may result in the interview being rescheduled at no fault of USCIS;
3. Plaintiff shall attend the interview on the date listed above, absent unforeseen or exceptional circumstances;
4. If needed, Plaintiff shall make only one (1) interview reschedule request and to notify the Los Angeles Asylum Office of the reschedule request, in writing, prior to the scheduled interview date. Plaintiff may email the reschedule request to LosAngelesAsylum@uscis.dhs.gov;
5. If multiple reschedule requests are made by Plaintiff, USCIS may place the asylum application back into the Los Angeles Asylum Office's general interview scheduling priorities. See https://www.uscis.gov/humanitarian/refugees-and-asylum/asylum/affirmative-asylum-interview-scheduling;
6. Plaintiff understands that additional interview(s) may be required by USCIS as part of the asylum interview process and the adjudication of the application;
7. USCIS shall diligently work towards completing adjudication of the asylum application within 120 days of completion of Plaintiff's asylum interview, absent unforeseen or exceptional circumstances that would require additional time to complete adjudication;
8. If USCIS does not complete adjudication of the asylum application within 120 days of the completion of the asylum interview, Plaintiff may refile this action;
9. Plaintiff shall submit all supplemental documents and evidence, if any, to USCIS prior to the agreed upon scheduled interview based on the following timelines. Plaintiff may email any supplemental documents to LosAngelesAsylum@uscis.dhs.gov at least seven (7) calendar days before the interview. Alternatively, Plaintiff may mail the supplemental documents to the Los Angeles Asylum Office, P.O. Box 2003, Tustin, CA 92781-2003, postmarked no later than ten (10) calendar days prior to the scheduled asylum interview. Plaintiff s failure to submit these documents in a timely manner may result in the interview being rescheduled at no fault of USCIS;
10. Each party shall bear its own attorneys' fees and costs.
IT IS SO ORDERED.