Smith v. Mayorkas
- John Cronan
- 1:22-cv-09576
- U.S. District Court · Southern District of New York
- 2
In Smith v. Mayorkas, Judge Cronan granted the government's request to pause the case while USCIS reconsiders Smith's application.
Smith and the government defendants are affected because the case is paused while USCIS processes Smith's reopened Form I-485 application and the parties prepare a status update.
What happened
Smith challenged the decision by U.S. Citizenship and Immigration Services (USCIS) to deny his application to become a permanent resident. The government reported that USCIS had reopened the application, canceled the earlier denial, and sent Smith a request for evidence.
The government asked to pause the case for 120 days so USCIS could review Smith's response and issue a new decision. Smith agreed to the requested pause. The parties proposed filing a status report by the end of the stay.
Judge John P. Cronan granted the request and stayed the case. He ordered the parties to submit a status letter by July 21, 2023, about Smith's application.
The detailed version
- Smith v. Mayorkas · No. 1:22-cv-09576
- John Cronan
- Mar. 23, 2023
Background
Smith challenged a U.S. Citizenship and Immigration Services (USCIS) decision denying his Application to Register Permanent Residence or Adjust Status, Form I-485. The government reported that USCIS had reopened the Form I-485 application and, by doing so, vacated the agency denial challenged in the case. USCIS also sent Smith a request for evidence, to which he planned to respond.
Request to Stay
The government asked the court to stay, or pause, the case for 120 days. It said USCIS expected to issue a decision after receiving Smith's response and that the stay could conserve the parties' and the court's resources. The government also stated that Smith consented to the requested stay. The parties proposed filing a joint status report at the end of the 120-day period and updating the court if the case became moot. The government separately requested permission to file its motion to dismiss within seven days if the court denied the stay request.
Ruling
The court granted the request. The case was stayed, and the parties were ordered to submit a status letter by July 21, 2023, concerning Smith's Form I-485 application. The order did not decide whether Smith was entitled to permanent-resident status and did not rule on the government's proposed motion to dismiss.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.