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S.D.N.Y.Procedural orderFiled July 6, 2023

Ulyanova v. Garland

Judge
Ronnie Abrams
Docket
1:23-cv-04089
Court
U.S. District Court · Southern District of New York
Pages
1
ImmigrationCivil Procedure
In one sentence

In Ulyanova v. Garland, Judge Abrams granted the parties’ request to stay the immigration case for 90 days while USCIS considered an application.

Who this affects

The plaintiffs seeking adjudication of their Form I-130 and Form I-485 applications, the government defendants, and the case schedule before the court.

What happened

In Ulyanova v. Garland, the plaintiffs asked the court to require U.S. Citizenship and Immigration Services (USCIS) to decide their family petition and application to adjust status. USCIS had approved the family petition on June 15, 2023, and was prepared to begin reviewing the adjustment application.

The parties jointly requested a 90-day pause, from July 24 through October 24, 2023. They also asked to postpone the initial pretrial conference and related filings, and proposed providing a status update or dismissal papers by October 24.

Judge Abrams granted the application. The order paused the case but did not decide whether the plaintiffs were entitled to the requested immigration benefits.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Ulyanova v. Garland · No. 1:23-cv-04089
Judge
Ronnie Abrams
Date
July 6, 2023

Background

The plaintiffs sought an order requiring U.S. Citizenship and Immigration Services (USCIS) to adjudicate a Petition for Alien Relative, Form I-130, and an Application to Register or Adjust Status, Form I-485. The government stated that USCIS approved the plaintiffs’ Form I-130 petition on June 15, 2023, and was prepared to begin adjudicating the Form I-485 application.

Requested relief

The government, jointly with the plaintiffs, requested a 90-day stay—a temporary pause in the case—from July 24, 2023, to October 24, 2023. The parties also requested that the initial pretrial conference scheduled for July 12, 2023, and the related joint letter and proposed case-management plan be postponed indefinitely. They proposed submitting a joint status update or a stipulation and proposed order of dismissal by October 24, 2023.

Ruling

Judge Ronnie Abrams’s order states: “Application granted.” The order therefore granted the parties’ application for the requested stay and related postponements. The opinion does not state that the case was dismissed or resolve whether USCIS had to grant the plaintiffs’ immigration applications.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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