Rage v. Jaddou

District Judge Tana Lin

UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON AT SEATTLE ABDULKADIR HASSAN RAGE, et al., No. 2:22-cv-774-TL 11 Plaintiffs, STIPULATED MOTION TO HOLD CASE IN ABEYANCE AND 12 v. [PROPOSED] ORDER UR MENDOZA JADDOU, et al., Noted for Consideration on: 14 February 27, 2023 Defendants.

Plaintiffs and Defendants, by and through their counsel of record, pursuant to Federal Rule of Civil Procedure 6 and Local Rules 7(d)(1), 10(g) and 16, hereby jointly stipulate and move to stay these proceedings until May 1, 2023. Plaintiffs bring this case pursuant to the Administrative Procedure Act and Mandamus Act seeking an order compelling the Government to complete processing of Plaintiffs’ 1-730 follow-to-join refugee petitions. There is good cause for the requested stay as the parties believe that this case may be resolved, and thereafter, dismissed 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 The four children (“Beneficiaries”) of Plaintiff Rage await a travel date to be set for their travel to the United States. Although previously scheduled in January, the Beneficiaries did not travel because fingerprinting was required. Furthermore, the eldest Beneficiary has recently received the necessary identification from the Kenyan government. The United Nation’s International Organization for Migration will arrange travel and has informed Plaintiffs that it will provide a travel update on or about March 8, 2023. Once the Beneficiaries travel to the United States, Plaintiffs will dismiss this case with prejudice.

11 The parties do not anticipate that the requested stay will significantly impact the Order Setting Bench Trial Date and Related Dates. Dkt. No. 17. Although the Order set deadlines for expert testimony and the administrative record prior to May 1, 2023, the parties agree that this case may be resolved without the need for either.

Accordingly, the parties jointly stipulate and request that the Court stay these proceedings until May 1, 2023, to allow for the Beneficiaries to travel to the United States. The parties will submit a joint status report a stipulated motion for dismissal or a joint status report on or before May 1, 2023.

1 Dated: February 27, 2023 2 Respectfully submitted, NICHOLAS W. BROWN 4 United States Attorney 5 s/Michelle R. Lambert MICHELLE R. LAMBERT, NYS #4666657 6 Assistant United States Attorney United States Attorney’s Office 1201 Pacific Avenue, Suite 700 8 Tacoma, Washington 98402 Phone: 206-428-3824 9 Email: [email protected] Attorneys for Defendants s/Meena Pallipamu Menter 12 MEENA PALLIPAMU MENTER WSBA #31870 13 Meena Pallipamu Immigration Law PLLC 4444 Woodland Park Ave. N., Ste. 203 14 Seattle, Washington 98103 Phone: 206-419-7332 Email: [email protected] 16 Attorney for Plaintiffs [PROPOSED] ORDER 2 The parties having stipulated and agreed, it is hereby so ORDERED. This case shall be held in abeyance until May 1, 2023. The parties shall file a stipulated motion for dismissal or a joint status report on or before May 1, 2023.

DATED this 2nd day of March 2023.

A Tana Lin 10 United States District Judge