Patio Delivery, Inc v. Jaddou
- Valerie Caproni
- 1:22-cv-09536
- U.S. District Court · Southern District of New York
- 2
Patio Delivery v. Jaddou: Judge Caproni granted a stay while USCIS reconsidered the plaintiffs’ immigration petition.
The plaintiffs’ challenge to USCIS’s petition denial and the government were affected by the stay; the case was paused while USCIS conducted further administrative proceedings.
What happened
In Patio Delivery, Inc., et al. v. Jaddou, the plaintiffs asked the court to review the denial of their worker petition by U.S. Citizenship and Immigration Services, or USCIS. USCIS later withdrew that denial, reopened the petition, and asked the plaintiffs to respond to new concerns.
The government requested a 60-day pause so the agency could complete its review, and the plaintiffs agreed. The agency’s decision could make the court case unnecessary if USCIS approved the petition.
Judge Valerie E. Caproni granted the application and stayed the case while the agency proceedings continued. She required a joint status update by February 6, 2023, and postponed the January 20 conference without setting a new date.
The detailed version
- Patio Delivery, Inc v. Jaddou · No. 1:22-cv-09536
- Valerie Caproni
- Dec. 8, 2022
Background
The plaintiffs sought review under the Administrative Procedure Act of a denial by U.S. Citizenship and Immigration Services (USCIS) of their nonimmigrant worker petition. The government reported that USCIS had withdrawn the denial and reopened the petition under 8 C.F.R. § 103.5(a)(5)(ii). After reopening, USCIS issued a Notice of Intent to Deny, which gave the plaintiffs an opportunity to respond to additional agency concerns. The plaintiffs’ response was due in 33 days.
Request for a Stay
The government asked the court to pause the case for 60 days, until February 3, 2023, so USCIS could complete its administrative review. The government argued that the agency was reviewing the prior denial and additional evidence from the plaintiffs, and that the agency’s final decision could change the result or make the court case moot. The plaintiffs consented to the requested stay.
Ruling
Judge Valerie E. Caproni granted the application. The case was stayed pending further administrative proceedings. The parties were ordered to file a joint status update no later than Monday, February 6, 2023. The conference scheduled for January 20, 2023, was adjourned without a new date. The order did not decide whether the petition should be approved or whether the original denial was lawful.
Classification
This is a procedural order because the court paused the case to allow the agency to continue its review and did not decide the underlying challenge.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.