Maharjan v. United States Citizenship and Immigration Services

Chief District Judge David G. Estudillo

UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON AT TACOMA DINESH MAHARJAN, No. 3:23-cv-5000-DGE 11 Plaintiff, STIPULATED MOTION TO HOLD CASE IN ABEYANCE AND ORDER 12 v. Noted for Consideration: UNITED STATES CITIZENSHIP AND February 22, 2023 IMMIGRATION SERVICES, et al., 15 Defendants.

Plaintiff Maharjan brings this litigation pursuant to the Administrative Procedure Act and the Mandamus Act seeking, inter alia, to compel the U.S. Citizenship and Immigration Services (“USCIS”) to adjudicate his Form I-485, Application to Register Permanent Residence or Adjust Status. Defendants have not yet responded to the complaint. For good cause, the parties request that the case be held in abeyance until July 11, 2023.

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); see also Fed. R. Civ. 2 P. 1.

3 On February 17, 2023, USCIS issued a Notice of Intent to Revoke (“NOIR”) Mr. Maharjan’s prior Form I-140 (Petition for Alien Worker) approval. Mr. Maharjan has until May 21, 2023 to respond to the NOIR. The adjudication of the Form I-485 is dependent on the outcome of the revocation process. USCIS will review Mr. Maharjan’s response to the NOIR, if any is submitted, and issue a revocation decision thereafter. As additional time is necessary for this to occur, the parties request that the Court hold the case in abeyance until July 11, 2023. The parties will submit a joint status report on or before July 11, 2023.

11 Dated: February 22, 2023 Respectfully submitted, NICHOLAS W. BROWN United States Attorney s/Michelle R. Lambert 15 MICHELLE R. LAMBERT, NYS #4666657 Assistant United States Attorney United States Attorney’s Office 17 1201 Pacific Avenue, Suite 700 Tacoma, Washington 98402 18 Phone: 206-428-3824 Email: [email protected] 19 Attorneys for Defendants

21 s/Nicholas Power NICHOLAS POWER, WSBA# 45972 22 Law Office of Nicholas Power 5040 Guard, Ste. 150 23 Friday Harbor, Washington 98250 Phone: 360-298-0464 Email: [email protected]

s/James O. Hacking, III JAMES O. HACKING, III 2 Hacking Immigration Law, LLC 10121 Manchester Rd., Ste. A 3 St. Louis, Missouri 63122 Phone: 314-961-8200 4 Email: [email protected] *PHV Attorneys for Plaintiff

2 ORDER The case is held in abeyance until July 11, 2023. The parties shall submit a joint status report on or before July 11, 2023. It is so ORDERED.

DATED this 1st day of March, 2023.

A David G. Estudillo 12 United States District Judge