The opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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IN RE 21ST BIRTHDAY DENIALS OF MEMORANDUM OF DECISION
SPECIAL IMMIGRANT JUVENILE AND ORDER RE: MOTION FOR
STATUS APPLICATIONS BY USCIS. RECONSIDERATION
Civil Action Nos. 22-CV-1926 (GRB)
22-CV-2319 (GRB)
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APPEARANCES: CLERK
2:47 pm, Apr 2 5, 2023
For Plaintiffs:
Bruno J. Bembi U.S. DISTRICT COURT
Attorney at Law EASTERN DISTRICT OF NEW YORK
P.O. Box 5248 LONG ISLAND OFFICE
Hempstead, NY 11551
For Defendants:
Megan J. Freismuth, AUSA
Vincent Lipari, AUSA
United States Attorney’s Office
610 Federal Plaza
Central Islip, NY 11722
GARY R. BROWN, U.S. District Judge:
On February 10, 2023, this Court deferred ruling on the government’s motion for
reconsideration of this Court’s Order to Show Cause as to why defendants should not be directed to
(a) describe the steps taken by defendants to ensure USCIS’s compliance with the law and
regulations in future Special Immigrant Juvenile Status (“SIJS”) applications and (b) identify
pending SIJS applications raising the same issues discussed in the Court’s October 28, 2022
Memorandum of Decision and Show Cause Order. See Docket Entry (“DE”) 31; In re 21st
Birthday Denials of Special Immigrant Juv. Status Applications by USCIS, Nos. 22-CV-1926
(GRB), 22-CV-2319 (GRB), 2022 WL 16540657 (E.D.N.Y. Oct. 28, 2022). This deferral was
predicated upon the government’s request in a related case on January 25, 2023 for a 60-day
extension of time to answer, move, or otherwise respond to the Complaint because USCIS was
“deliberating [ ] potential policy and operational changes that would likely, inter alia, affect the
grounds for denying Plaintiff’s SIJ petition[.]” See Acosta Umanzor v. Garland, et al., 2:22-cv-
6906 (GRB), DE 13.
On March 30, 2023, the government filed a letter in that case, see Acosta Umanzor v.
Garland, et al., No. 2:22-CV-6906 (GRB), DE 15, informing the Court that: (1) USCIS issued a
Policy Alert clarifying that when the last day of a period for filing a paper-based benefit request,
e.g., the last day before one’s birthday, falls on a Saturday, Sunday, or federal holiday, the filing is
considered timely if it is received by the end of the next business day, see Policy Alert: Filing
Periods and Response Timeframes Ending on Saturdays, Sundays, or Federal Holidays, USCIS
(Mar. 29, 2023), https://www.uscis.gov/sites/default/files/document/policy-manual-
updates/20230329-TimelyFiling.pdf, and (2) as of March 30, 2023, USCIS allows SIJS petitioners
nearing age 21 to schedule an expedited appointment to file a Form I-360, Petition for Amerasian,
Widow(er), or Special Immigrant in person at a local field office within two weeks of turning 21
years old, see Provision Allowing Special Immigrant Juveniles to File Form I-360 in Person Before
Their 21st Birthday, USCIS (Mar. 30, 2023), https://www.uscis.gov/newsroom/alerts/provision-
allowing-special-immigrant-juveniles-to-file-form-i-360-in-person-before-their-21st.
In light of USCIS’s policy changes, which appear designed to help ensure the lawfulness of
the agency’s determinations regarding the timeliness of SIJS petitions, no further action is required
regarding the Order to Show Cause issued herein.
The Clerk of Court is directed to close the case.
SO ORDERED.
Dated: Central Islip, New York /s/ Gary R. Brown
April 25, 2023 GARY R. BROWN
United States District Judge