Opinion

Aguinaga Diaz v. Garland

Court
District Court, E.D. New York
Filed
Apr 25, 2023
Cited by
0 cases

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)

-------------------------------------------------------- X FILED

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

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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