BRIAN M. BOYNTON || Acting Assistant Attorney General 5 Civil Division WILLIAM PEACHEY 3 || Director, District Court Section Office of Immigration Litigation 4 || ELIANIS PEREZ Assistant Director, District Court Section > || Office of Immigration Litigation MARY LARAKERS, TX Bar # 24093943 Trial Attorney ||U.S. Department of Justice, Civil Division Office of Immigration Litigation 8 || P.O. Box 868, Ben Franklin Station Washington, D.C. 20044 9 || Tel: (202) 353-4419 Fax: (202) 305-7000 10 mary.|[email protected] 11 || Counsel for Defendants 12 || SYLVIA L. ESPARZA Law Office of Sylvia L. Esparza 13 E. Pepper Lane, Suite 105 Las Vegas, NV 89120 14 |! Tel: 702-853-0233 [email protected] |) Counsel for Plaintiff ve UNITED STATES DISTRICT COURT 17 DISTRICT OF NEVADA 18 19 SATHIRAWAT SAUBHAYANA, Case No. 2:17-cv-2655-JAD-EJY 20 Plaintiff, anti ORDER GRANTING v. JOINT MOTION TO STAY CASE UNTIL 22 DECEMBER 21, 2021 MERRICK B. GARLAND, U.S. Attorney 23 General, et al., 2A Defendants. ECF No. 57 25 26

1 Plaintiff Sathirawat Saubhayana and Defendants (collectively, the “Parties’”) jointly 2 request that the Court stay this case, until December 21, 2021, while U.S. Citizenship and 3 || Immigration Services (“USCIS”) reopens Plaintiff's Form, N-400, Application for 4 || Naturalization, and considers new evidence. See

(a)(5) (allowing USCIS to 5 ||reopen a naturalization application). 6 On August 20, 2021, government counsel finally received the sealed documents from the 7 Vegas Police Department (“LVPD”). See ECF No. 55. Based on its review of these 8 documents, USCIS has agreed to sua sponte re-open Plaintiff’s naturalization application in 9 || order to consider these documents along with other evidence that Plaintiff may submit in support 10 || of his application. The Parties, therefore, request that this Court stay this case, until December 11 2021, to allow USCIS to time to reopen and adjudicate Plaintiff's naturalization application 12 || based on this new evidence. See Landis v. North American Co.,

(1936) 13 (‘[T]he power to stay proceedings is incidental to the power inherent in every court to control 14 || disposition of the causes on its docket with economy of time and effort for itself, for counsel, and 15 || for litigants.”); Al Falahi v. USCIS, No. 2:16-cv-02921-JAD-VCF,

54960, (D. Nev. June 7, 2019) (staying case to allow USCIS to reopen and adjudicate 17 naturalization application). The Parties propose that on or before December 21, 2021, they report 18 the Court whether they have resolved this case such that dismissal is appropriate. 19 Respectfully submitted, 20 BRIAN M. BOYNTON 21 Acting Assistant Attorney General Civil Division 22 ELIANIS PEREZ 23 Assistant Director Office of Immigration Litigation 25 By: /s/ Mary L. Larakers MARY L. LARAKERS 26 Trial Attorney U.S. Department of Justice, Civil Division

Office of Immigration Litigation P.O. Box 868, Ben Franklin Station > Washington, D.C. 20044 Tel: (202) 353-4419 3 Fax: (202) 305-7000 Mary.| [email protected] 4 Counsel for Defendants ° By: /s/ Sylvia L. Esparza SYLVIA L. ESPARZA Law Office of Sylvia L. Esparza 5 3440 E. Pepper Lane, Suite 105 Las Vegas, NV 89120 8 Tel: 702-853-0233 [email protected] 9 Counsel for Plaintiff 10 11 Order 13 Good cause appearing, IT IS HEREBY ORDERED that the Motion to Stay [ECF No. 57] is 14 || GRANTED. This action is STAYED. The Clerk of Court is directed to TEMPORARILY ADMINISTRATIVELY CLOSE this case. Any party may move to lift this stay and reopen 15 || this case after December 21, 2021. 16 Phe USS. District Judge Jennifer A. Dorsey 18 Dated: September 21, 2021 19 20 21 22 23 24 25 26