Alemu v. Mayorkas

1 District Judge John H. Chun UNITED STATES DISTRICT COURT 7 WESTERN DISTRICT OF WASHINGTON AT SEATTLE GETE ALEMU, No. 2:23-cv-459-JHC Plaintiff, STIPULATED MOTION TO HOLD 10 CASE IN ABEYANCE AND v. ORDER ALEJANDRO MAYORKAS, et al., Noted for Consideration: 12 May 19, 2023 Defendants.

Plaintiff 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 30, 2023. The parties are currently working towards a resolution to this litigation. For good cause, the parties request that the Court hold the case in abeyance until July 31, 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 June 5, 2023. Plaintiff will submit all supplemental documents and evidence, if any, to USCIS seven to ten days prior to the interview date. After the interview, USCIS will need time to adjudicate her asylum application. Once the application is adjudicated, Plaintiff will dismiss the case with each party to bear their own litigation costs and attorneys’ fees. Accordingly, the parties request a 60-day abeyance to allow USCIS to conduct Plaintiff’s interview and process her asylum application.

10 As additional time is necessary for this to occur, the parties request that the Court hold the case in abeyance until July 31, 2023. The parties will submit a joint status report on or before July 31, 2023.

13 Dated: May 19, 2023 Respectfully submitted, 14 NICHOLAS W. BROWN United States Attorney s/Michelle R. Lambert 16 MICHELLE R. LAMBERT, NYS #4666657 Assistant United States Attorney 17 United States Attorney’s Office 1201 Pacific Avenue, Suite 700 18 Tacoma, Washington 98402 Phone: 206-428-3824 19 Email: [email protected] Attorneys for Defendants 20 I certify that this memorandum contains words, in compliance with the Local 21 Civil Rules.

s/Jane Marie O’Sullivan 23 JANE MARIE O’SULLIVAN WSBA#34486 1 O’Sullivan Law Office 2417 Pacific Avenue SE, 2nd Floor 2 Olympia, Washington 98501 Phone: 206-340-9980 3 Email: [email protected] Attorneys for Plaintiffs

1 ORDER The case is held in abeyance until July 31, 2023. The parties shall submit a joint status report on or before July 31, 2023. It is so ORDERED.

4 DATED this 19th day of May, 2023. _A______________________________ 7 JOHN H. CHUN United States District Judge