Jatta v. Garland

1 District Judge Thomas S. Zill 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE || SARJO JATTA, No. 2:22-cv-1748-TSZ 10 Plaintiffs, STIPULATED MOTION TO HOLD CASE IN ABEYANCE AND 11 v. [PROPOSED] ORDER || MERRICK GARLAND, et al., Noted for Consideration on: January 25, 2023 13 Defendants.

Plaintiff and Defendants, by and through their counsel of record, pursuant to Federal Rul of Civil Procedure 6 and Local Rules 7(d)(1), 10(g) and 16, hereby jointly stipulate and move t stay these proceedings until a date sixty days after a newly scheduled asylum interview. Plaintifi brings this case pursuant to the Administrative Procedure Act and Mandamus Act seeking an orde compelling the Government to adjudicate Plaintiffs’ 1-589, Application for Asylum an Withholding of Removal. The parties are currently working diligently towards a resolution to thi litigation.

Courts have “broad discretion” to stay proceedings. Clinton v. Jones, 520 U.S. 681, 70 (1997). “[T]he power to stay proceedings is incidental to the power inherent in every court t control the disposition of the causes on its docket with economy of time and effort for itself, fo STIPULATED MOTION TO HOLD UNITED STATES ATTORNEY CASE IN ABEYANCE -1 700 STEWART STREET, SUITE 5220 (22-cv-22-1748) SEATTLE, WASHINGTON 98101 || counsel, and for litigants.” Landis v. N. Am. Co., 299 U.S. 248, 254 (1936); see also Fed. R. Civ 3 The U.S. Citizenship and Immigration Services (“USCIS”) has scheduled Plaintiff's asylu ||interview for February 27, 2023. Additional time will be necessary to continue processing an || adjudicate Plaintiff's I-589 after the interview. Once the application is adjudicated, this case wil ||be moot. Therefore, the parties believe good cause exists to stay these proceedings to save th || parties and the Court from spending unnecessary time and judicial resources on this matter.

8 Accordingly, the parties jointly stipulate and request that the Court stay these proceeding until April 28, 2023, sixty days after Plaintiff's scheduled asylum interview. The parties wil || submit a joint status report on or before April 28, 2023. The parties also request that this Co || vacate its minute order directing the parties to file a Joint Status Report by February 13, 2023 |} Dkt. No. 5.

13 || Dated: January 25, 2023 Respectfully submitted, NICHOLAS W. BROWN 15 United States Attorney 16 S/Michelle R. Lambert MICHELLE R. LAMBERT, NYS #4666657 17 Assistant United States Attorney United States Attorney’s Office 18 1201 Pacific Avenue, Suite 700 Tacoma, Washington 98402 19 Phone: 206-428-3824 Email: [email protected] 20 Attorneys for Defendants 21 s/Ben Baumgartner BEN BAUMGARTNER* 22 Baumgartner Law Office N. Main St., Ste. 152 23 Newton, KS 67114 Phone: 316-613-1621 STIPULATED MOTION TO HOLD UNITED STATES ATTORNEY CASE IN ABEYANCE -2 700 STEWART STREET, SUITE 5220 (22-cv-22-1748) SEATTLE, WASHINGTON 98101 1 Email: [email protected] * PHV 3 s/Steve Tanijo STEVE TANIJO, WSBA# 40060 4 Law Office of Steve Tanijo, PLLC N. Main St., Ste. 152 5 2212 Queen Anne Ave N 721 Seattle, WA 98109 6 Phone: 206-701-6789 Email: [email protected] 7 Attorney for Plaintiffs STIPULATED MOTION TO HOLD UNITED STATES ATTORNEY CASE IN ABEYANCE -3 700 STEWART STREET, SUITE 5220 (2-cv-22-1748) SEATTLE, WASHINGTON 98101 ORDER The parties having stipulated and agreed, it is hereby so ORDERED that this case is held in abeyance until April 28, 2023. The Court’s order (Dkt. No. 5) directing the parties to submit a Joint Status Report by February 13, 2023 is vacated. The parties shall file a joint status report on or before June 30th, 2023.

DATED this 27th day of January: 2023. hy lee g Ron] 10 THOMAS S. ZILLY United States District Judge STIPULATED MOTION TO HOLD UNITED STATES ATTORNEY CASE IN ABEYANCE -4 700 STEWART STREET, SUITE 5220 (22-cv-22-1748) SEATTLE, WASHINGTON 98101