Nakabuye v. Mayorkas

1 District Judge Ricardo S. Martinez

UNITED STATES DISTRICT COURT 7 WESTERN DISTRICT OF WASHINGTON AT SEATTLE JOYCE NAKABUYE, No. 2:23-cv-372-RSM Plaintiff, STIPULATED MOTION TO HOLD 10 CASE IN ABEYANCE AND ORDER v. 11 Noted for Consideration: ALEJANDRO MAYORKAS, et al., April 21, 2023 Defendants.

Plaintiffs brought this litigation pursuant to the Administrative Procedure Act seeking, inter alia, to compel the U.S. Citizenship and Immigration Services (“USCIS”) adjudicate Plaintiff’s Form I-589, Application for Asylum and for Withholding of Removal. Defendants’ response to the Complaint is currently due on May 19, 2023. The parties are currently working towards a resolution to this litigation. For good cause, the parties request that the Court to hold the case in abeyance until July 18, 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 With additional time, this case may be resolved without the need of further judicial intervention. USCIS scheduled Plaintiff’s asylum interview for May 22, 2023. After the interview, USCIS will need time to adjudicate her asylum application. Once the application is adjudicated, the parties agree that this case will be moot. Accordingly, the parties request a 60- day abeyance to allow USCIS to conduct Plaintiff’s interview and process her asylum application.

8 As additional time is necessary for this to occur, the parties request that the Court hold the case in abeyance until July 18, 2023. The parties will submit a joint status report on or before July 18, 2023.

11 Dated: April 21, 2023 Respectfully submitted, 12 NICHOLAS W. BROWN United States Attorney s/Michelle R. Lambert 14 MICHELLE R. LAMBERT, NYS #4666657 Assistant United States Attorney 15 United States Attorney’s Office 1201 Pacific Avenue, Suite 700 16 Tacoma, Washington 98402 Phone: 206-428-3824 17 Email: [email protected] Attorneys for Defendants s/Jane Marie O’Sullivan 19 JANE MARIE O’SULLIVAN WSBA#34486 20 O’Sullivan Law Office 2417 Pacific Avenue SE, 2nd Floor 21 Olympia, Washington 98501 Phone: 206-340-9980 22 Email: [email protected] Attorneys for Plaintiff ORDER The case is held in abeyance until July 18, 2023. The parties shall submit a joint status report on or before July 18, 2023. It is so ORDERED.

DATED this 24th day of April, 2023.

A RICARDO S. MARTINEZ 8 UNITED STATES DISTRICT JUDGE