Encalada v. Blinken

1 The Honorable Barbara J. Rothstein

9 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 10 AT SEATTLE CAROLINA ENCALADA, et al., CASE NO. 2:21-cv-1644-BJR JOINT STIPULATION AND 14 Plaintiffs, ORDER HOLDING CASE IN 15 v. ABEYANCE ANTHONY BLINKEN, et al., 17 Defendants.

19 The Parties, by and through counsel of record, pursuant to Federal Rule of Civil Procedure 6 and Local Rules 10(g) and 16, jointly stipulate and move to continue the stay of this case by 60 days to allow for a possible resolution without further litigation.

23 Plaintiffs bring this case pursuant to the Administrative Procedure Act seeking an order setting aside the revocation of Plaintiff Luis Calle’s and Sanbeom Park’s immigrant visa petitions. This Court previously granted the Parties’ stipulated motion to hold the case in abeyance. Dkt. No. 14. There is good cause to continue the stay.

1 Courts have “broad discretion” to stay proceedings. Clinton v. Jones, 520 U.S. 681, 706 (1997). “[T]he power to stay proceedings is incidental to the power inherent in every court to control the disposition of the causes on its docket with economy of time and effort for itself, for counsel, and for litigants.” Landis v. N. Am. Co., 299 U.S. 248, 254 (1936).

6 Both Plaintiffs have had their immigrant visa petitions reinstated. Additional time is necessary for Plaintiffs to provide additional paperwork and schedule interviews for their immigrant visas. The Parties believe that a 60-day stay will allow this to occur.

10 The Parties, through their counsel, jointly request that the Court continue to hold this matter in abeyance for 60 days. The Parties will submit a joint status report to the Court on or before 60 days from the date of this order.

14 Stipulated to and presented this 21st day of July, 2022.

15 NICHOLAS W. BROWN United States Attorney 17 s/ Michelle R. Lambert MICHELLE R. LAMBERT, NYS #4666657 Assistant United States Attorney 19 United States Attorney’s Office 1201 Pacific Avenue, Suite 700 20 Tacoma, WA 98402 Phone: 253-428-3824 Fax: 253-428-3826 22 Email: [email protected] Counsel for Defendants s/ William Frick 25 WILLIAM FRICK, WSBA# 26648 Law Office of William Frick PLLC 26 719 Second Avenue, Suite 701 27 Seattle, WA 98104 Phone: 206-286-0167 28 Fax: 206-770-7215 Email: [email protected] s/ Michael E. Piston 2 MICHAEL E. PISTON, MICH BAR# P34568 Law Office of William Frick PLLC 38-08 Union Street, Ste. 9A 4 Flushing, NY 11354 Phone: 646-876-3772 5 Fax: 206-770-6350 6 Email: [email protected] Counsel for Plaintiffs 7 * PHV application pending

1 ORDER 2 The Parties having so stipulated and agreed, the Court hereby ORDERS that this action shall be held in abeyance for 60 days. The Parties shall file a Joint Status Report with the Court on or before 60 days.

7 DATED this 25th day of July, 2022.

A 11 Barbara Jacobs Rothstein 12 U .S. District Court Judge