1 David Goldenberg, SBN 347955 [email protected] 2 Naomi Igra, SBN 269095 [email protected] 3 SIDLEY AUSTIN LLP 555 California Street, Suite 2000 4 San Francisco, CA 94104 Telephone: +1 415 772 1200 5 Facsimile: +1 415 772 7400

6 Attorneys for Plaintiffs

7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 OAKLAND DIVISION 11 IMMIGRANT LEGAL RESOURCE CENTER; EAST BAY SANCTUARY COVENANT; 12 COALITION FOR HUMANE IMMIGRANT RIGHTS; CATHOLIC LEGAL IMMIGRATION 13 NETWORK, INC.; INTERNATIONAL RESCUE COMMITTEE; ONEAMERICA; ASIAN 14 COUNSELING AND REFERRAL SERVICE; ILLINOIS COALITION FOR IMMIGRANT 15 AND REFUGEE RIGHTS, Case No. 4:20-cv-5883-JSW 16 Plaintiffs, JOINT STATUS REPORT AND ORDER CONTINUING TO HOLD CASE IN 17 v. ABEYANCE JURY TRIAL DEMANDED 18 ALEJANDRO N. MAYORKAS, under the title of

Secretary of Homeland Security; 19 U.S. DEPARTMENT OF HOMELAND SECURITY; UR M. JADDOU, under the title of 20 Director; U.S. CITIZENSHIP & IMMIGRATION SERVICES, 21 22 Defendants. 23 24 25 26 27 1 Subject to the Court’s approval and pursuant to Local Rule 7-12, the parties through their 2 undersigned counsel of record hereby stipulate and request as follows: 3 1. On February 10, 2021, the Court ordered that the case be “stayed, and all proceedings 4 held in abeyance, to allow defendant the Secretary of Homeland Security to undertake the review 5 contemplated by Executive Order 14,012, “Restoring Faith in Our Legal Immigration Systems and 6 Strengthening Integration and Inclusion Efforts for New Americans,”

(Feb. 5, 7 2021), signed by the President on February 2, 2021. Dkt. 113, at 4. The Court further ordered that 8 “on or before May 13, 2021, the parties shall file a joint status report indicating whether this case 9 and all proceedings should continue to be held in abeyance or proposing a schedule for continuing 10 the litigation.”

11 2. Thereafter, the Court entered nine successive orders approving the parties’ joint 12 requests to continue to hold the case and proceedings in abeyance, on May 15, 2021, September 9, 13 2021, January 12, 2022, August 1, 2022, October 14, 2022, December 5, 2022, February 8, 2023, 14 and February 14, 2024, respectively. See Dkt. 117, at 4; Dkt. 119, at 5; Dkt. 121, at 5; Dkt. 124, at 5; 15 Dkt. 126, at 4; Dkt. 128, at 5; Dkt. 135, at 5; Dkt, 148, at 4; Dkt. 152, at 6. The most recent order 16 directed that “no later than November 15, 2024, the parties shall file a joint status report indicating 17 whether this case and all proceedings should continue to be held in abeyance or proposing a schedule 18 for continuing the litigation.”

19 3. On January 31, 2024, DHS issued a final rule to adjust fees for certain USCIS 20 immigration and naturalization benefit requests (“2024 Final Rule”). See

(Jan. 21 31, 2024). The 2024 Final Rule took effect April 1, 2024. The 2024 Final Rule is being challenged in 22 Moody v. Mayorkas, No. 1:24-cv-00762-CNS (D. Colo. Mar. 19, 2024), and Civitas Capital 23 Management, LLC v. Mayorkas, No. 3:24-cv-00984-L (N.D. Tex. Apr. 22, 2024). 24 4. Defendants’ position is that, because the 2024 Final Rule has gone into effect and 25 entirely replaced the 2020 Final Rule, this case is now moot, notwithstanding the ongoing litigation 26 in Moody and Civitas. 27 5. Plaintiffs’ position is that this case is not moot. Plaintiffs’ position is based not only 1 on the Moody and Civitas litigation. Among other things, Plaintiffs have not received the full relief 2 available, such as a permanent injunction of the 2020 Final Rule, which DHS has not yet rescinded. 3 See

, 6248 (Jan. 31, 2024) (DHS citing existence of preliminary injunctions as 4 grounds for not rescinding the rule as part of its 2024 rulemaking). 5 6. Defendants propose that to conserve the parties’ and the Court’s resources, this case 6 should continue to be held in abeyance until February 13, 2025. 7 7. Plaintiffs anticipate that the Moody and/or the Civitas litigation will likely still be 8 pending by February 13, 2025 if Defendants continue to defend those cases. Rather than consuming 9 the Court’s resources with additional subsequent joint status reports requesting further continued 10 stays and abeyances while the litigation remains pending, the parties request that the Court 11 administratively close this case. Courts have the inherent authority to manage their own dockets. 12 Dietz v. Bouldin,

(2016). This Court has ordered administrative closure in other 13 cases where external circumstances will result in the streamlining of issues and reduce litigation 14 burden on the Court and parties. See Coho Licensing LLC v. Glam Media, No. C 14-01576 JSW, 15

, at *3 (N.D. Cal. Sept. 17, 2014). The plaintiffs ask that the Court 16 administratively close this case until the parties notify the Court that there is resolution in the Moody 17 and Civitas litigation, or if there is further action by DHS affecting the status of the litigation. In the 18 alternative, a stay of at least six months may allow for sufficient time to assess whether 19 developments in Moody and Civitas, or at DHS, may impact the course of this litigation. 20 Respectfully submitted, 21 Dated: November 15, 2024 /s/ David Goldenberg David Goldenberg 22 SIDLEY AUSTIN LLP 23 555 California Street, Suite 2000 San Francisco, CA 94104 24 Telephone: +1 415 772 1200 [email protected] 25

Attorney for Plaintiffs 26

27 Dated: November 15, 2024 BRIAN M. BOYNTON Principal Deputy Assistant Attorney General 1 BRIGHAM J. BOWEN Assistant Branch Director 2 Federal Programs Branch 3 /s/ Cynthia Liao 4 CYNTHIA LIAO Trial Attorney 5 U.S. Department of Justice Civil Division, Federal Programs Branch 6 1100 L Street NW 7 Washington, DC 20005 (202) 531-1325 8 [email protected]

9 Counsel for Defendants

10

11

12

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 LOCAL RULE 5-1(i) ATTESTATION 2 I attest that I have obtained Cynthia Liao’s concurrence in the filing of this document. 3

4 /s/ David Goldenberg David Goldenberg 5

6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 [DEFENDANTS PROPOSED} ORDER 2 IT IS ORDERED that this case shall remain stayed, and all proceedings held in abeyance. 3 || Further, no later than February 13, 2025, the parties shall file a joint status report indicating whether 4 || this case and all proceedings should continue to be held in abeyance or proposing a schedule for 5 || continuing the litigation. 6 December 2, 2024 5 Date: TM Me HON{R AB PEFREY S. WHITE Unitff sid Di doic Judge 9 10 PPEAENFIFFS? PROPOSED} ORDER 11 12 3 be-ad atively elesedis 58 tify Su at preceedines should resume. 14 15 2 ayved—anc-atl-preeeeding dHs-abeys ora-peried-e onths—Fu ;

16 17 || St Proceedings should eontinue-to-b ds-abeye or-propesitEe-2 dutefereentinuitge Lijeation- 18 19 |! Date: HONORABEEJEFEREY S-WHIFE 21 22 23 24 25 26 27 28 COTA TITC DODNDT MACLD ON ONY £009