Chen v. Mayorkas
- Lewis Liman
- 1:22-cv-03646
- U.S. District Court · Southern District of New York
- 2
In Chen v. Mayorkas, Judge Liman granted the Government’s request to extend its response deadline and rescheduled the initial conference after USCIS approved Chen’s applications.
Lin Chen and the Government defendants, because the order extended the Government’s deadline to respond and rescheduled the initial pretrial conference.
What happened
In Lin Chen v. Mayorkas, the Government reported that U.S. Citizenship and Immigration Services had approved Chen’s application to adjust status and two relative petitions. The Government said those approvals provided the relief sought in the complaint, which asked the court to require USCIS to decide the applications.
The court granted the Government’s request to extend its deadline to respond to the complaint and rescheduled the initial pretrial conference for November 1 at 11:00 a.m. The order did not dismiss the case or decide whether the claims were moot.
Judge Lewis J. Liman also directed the parties to use the court’s telephone conference line and submit a proposed case-management and scheduling order before the conference.
The detailed version
- Chen v. Mayorkas · No. 1:22-cv-03646
- Lewis Liman
- Sept. 1, 2022
Background
Lin Chen’s complaint sought an order requiring U.S. Citizenship and Immigration Services (USCIS) to adjudicate an application to register permanent residence or adjust status (Form I-485) and two refugee/asylee relative petitions (Forms I-730). The Government reported that USCIS had approved all three forms. It stated that the approvals rendered Chen’s claims moot, meaning that the requested relief had allegedly already been provided, and said it had sent Chen copies of the approvals and a proposed agreement to dismiss the case.
Government’s Request
The Government requested a 45-day extension of its deadline to respond to the complaint, from September 6, 2022, to October 21, 2022. It also asked to reschedule the initial pretrial conference, which had been set for September 22, 2022. The Government said it had not obtained Chen’s response about whether Chen agreed to the requested extension and rescheduling.
Court’s Ruling
The order states, “REQUEST GRANTED.” It extended the Government’s response deadline to a date ending in “21, 2022”; the month is not legible in the provided text. The court rescheduled the initial pretrial conference to November 1 at 11:00 a.m. and directed the parties to use the court’s telephone conference line and submit a proposed case-management and scheduling order one week before the conference.
The court did not dismiss the case, rule that the claims were moot, or decide the underlying immigration applications. This was a scheduling and deadline order. Judge Lewis J. Liman signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.