Lin v. Mayorkas
- Lewis Liman
- 1:21-cv-06723
- U.S. District Court · Southern District of New York
- 2
In Lin v. Mayorkas, Judge Liman granted in part and denied in part scheduling requests after USCIS adjudicated Lin’s immigration appeal.
Yanbin Lin, the pro se plaintiff, and the government defendants were affected by the scheduling order. The government’s response deadline was postponed indefinitely, and the initial pretrial conference was moved to November 5, 2021.
What happened
In Lin v. Mayorkas, the pro se plaintiff asked the court to require U.S. Citizenship and Immigration Services to decide her appeal from the denial of her application to adjust status and become a permanent resident.
The government told the court that USCIS had decided the appeal on September 24, 2021, and argued that the case might be moot because the requested decision had been issued. The government asked to postpone its response to the complaint and the October 15 initial conference while it tried to resolve the case with the plaintiff.
The court granted in part and denied in part the government’s requests. Judge Lewis J. Liman postponed the government’s response indefinitely and rescheduled the initial conference for November 5, 2021. The endorsement did not dismiss the case or decide whether it was moot.
The detailed version
- Lin v. Mayorkas · No. 1:21-cv-06723
- Lewis Liman
- Oct. 13, 2021
Background
The pro se plaintiff sought an order requiring U.S. Citizenship and Immigration Services (USCIS) to adjudicate her Notice of Appeal or Motion, Form I-290B, challenging the denial of her application to register for permanent residence or adjust status, Form I-485.
The government reported that USCIS adjudicated the Form I-290B on September 24, 2021. It stated that it had sent the plaintiff a copy of USCIS’s decision and a proposed stipulation and order of dismissal. The government also stated that the plaintiff had not responded to its letter.
Requests and ruling
The government requested an indefinite postponement of its response to the complaint and an adjournment of the initial pretrial conference scheduled for October 15, 2021. It argued that USCIS’s adjudication may have made the case moot because the plaintiff had received the relief requested. The government did not ask the court in this endorsement to rule on a motion to dismiss; it said it would provide an update within 30 days, including whether a dismissal motion based on mootness would be necessary.
The court marked the requests “GRANTED IN PART AND DENIED IN PART.” It adjourned the government’s response to the complaint indefinitely and rescheduled the initial pretrial conference for November 5, 2021, at 11:00 a.m. The defendant was directed to notify the plaintiff of the new conference date, and the Clerk of Court was directed to mail the endorsement to her. Judge Lewis J. Liman did not dismiss the case or decide whether it was moot in this order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.