1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 Ramon Antonio Juarez Gonzalez and Luisa Case No. 2:23-cv-00700-ART-DJA Ivon Barajas Moncada, 11 ORDER GRANTING Plaintiffs, 12 v. Stipulation to Stay Case 13 Loren K. Miller, Director, Nebraska Service 14 Center, U.S. Citizenship and Immigration Services, in his official capacity as well as his 15 successor and assigns; Alejandro Mayorkas, Secretary, U.S. Department of Homeland 16 Security, in his official capacity as well as his successors and assigns; Ur Mendoza Jaddou, 17 Director, U.S. Citizenship and Immigration Services, in her official capacity as well as her 18 successor and assigns; Antony J. Blinken, Secretary of State, U.S. Department of State, 19 in his official capacity as well as his successors and assigns; Philip Slattery, Director National 20 Visa Center, U.S. Department of State, in his official capacity as well as his successors and 21 assigns; Richard C. Visek, Acting Legal Advisor, U.S. Department of State, in his 22 official capacity as well as his successor and 23 assigns, 24 Defendants. 25 26 Plaintiffs Ramon Antonio Juarez Gonzalez and Luisa Ivon Barajas Moncada 27 (“Plaintiffs”) and Federal Defendants, through counsel, submit the following stipulated 28 statement and order (“Stipulation”) to stay proceedings in this matter. 1 1. On May 9, 2023, Plaintiffs filed the Complaint. (ECF No. 2). 2 2. Federal Defendants have an Answer due on August 15, 2023. Federal 3 Defendants have yet to file an Answer or, alternatively, file a motion to dismiss on the basis 4 that this Court lacks subject matter jurisdiction over this action. 5 3. On July 7, 2023, in a separate case, Mercado, et. al v. Miller, et. al., No. 2:22-cv- 6 02182-JAD-EJY,

(D. Nev. July 7, 2023), ECF No. 18, the United States 7 District Court for the District of Nevada granted a motion to dismiss a substantially similar 8 case alleging unreasonable delay in the processing of a provisional unlawful presence waiver 9 for lack of subject matter jurisdiction pursuant to

(a)(9)(B)(v). Mercado, 2023

, at *1-3. The Mercado plaintiffs sought “declaratory and injunctive relief 11 under the . . . APA . . . and a writ of mandamus ordering . . . USCIS . . . to complete its 12 adjudication of Gustavo Mercado’s I-601A application for a provisional-unlawful-presence 13 waiver and the Department of State (DOS) to schedule his consular visa interview.”

at 14 15 *1. As to the three U.S. Department of Homeland Security officials who the Mercado 16 plaintiffs sued, the District of Nevada granted Defendants’ motion to dismiss on the grounds 17 that “§ 1182(a)(9)(B)(v) precludes judicial review of USCIS’s alleged delay in processing 18 Gustavo’s I-601A application . . . .” Id. at *3. 19 4. On July 12, 2023, the Mercado plaintiffs noticed an appeal. Mercado, et. al. v. 20 Miller, et. al., No. 2:22-cv-02182-JAD-EJY, ECF No. 20 (D. Nev.), which the Ninth Circuit 21 has docketed as Case No. 23-16007. Pursuant to the Time Scheduling Order, which the 22 Ninth Circuit issued on July 17, 2023, the Mercado Plaintiffs-Appellants’ opening brief is due 23 by September 18, 2023; the Mercado Defendants-Appellees’ answering brief is due by 24 October 18, 2023; and the Mercado Plaintiffs-Appellants’ optional reply brief is due within 21 25 days of the filing of Defendants-Appellees’ answering brief. Mercado, et. al. v. Miller, et. al., 26 No. 23-16007, Doc. No. 1-1 at 3 (9th Cir.). Consequently, the precise question concerning 27 this Court’s subject matter jurisdiction which is at issue in this case is now before the Ninth 28 Circuit in an appeal scheduled to be fully briefed by November 8, 2023. 1 5. Counsel for the parties agree that a stay would preserve the resources of the 2 || Court and the parties, allow the parties to avoid the risk of inconsistent judgments, and 3 || would be of limited duration. 4 6. The Parties now hereby agree and stipulate to stay this case pending > || resolution of the Mercado appeal. 6 Respectfully submitted this 2nd day of August 2023. 7 8 JASON M. FRIERSON 9 United States Attorney Maria Quiroga /s/ R. Thomas Colonna 10 || Maria Quiroga R. THOMAS COLONNA Nevada State Bar Number: 13939 Assistant United States Attorney 11 || 7935 W Sahara Ave #103 Las Vegas, NV 89117 Attorneys for the United States 12 1) Tel: (702) 972-8348 13 || [email protected] Attorney for Plaintiffs M4 IT IS SO ORDERED. 15 16 A flared qn 17 Anne R. Traum 18 United States District Court Judge 19 DATED: August 3, 2023. 20 21 22 23 24 25 26 27 28

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