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 July 31, 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. 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 August 30, 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. P.1.

1 With additional time, this case may be resolved without the need of further judicial intervention. Since the parties’ last filing, USCIS conducted Plaintiff’s asylum interview.

3 However, USCIS needs additional time to review information necessary 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.

6 As additional time is necessary for this to occur, the parties request that the Court hold the case in abeyance until August 30, 2023. The parties will submit a joint status report on or before August 30, 2023.

9 Dated: July 31, 2023 Respectfully submitted, 10 NICHOLAS W. BROWN United States Attorney s/Michelle R. Lambert 12 MICHELLE R. LAMBERT, NYS #4666657 Assistant United States Attorney 13 United States Attorney’s Office 1201 Pacific Avenue, Suite 700 14 Tacoma, Washington 98402 Phone: 206-428-3824 15 Email: [email protected] Attorneys for Defendants 16 I certify that this memorandum contains words, in compliance with the Local 17 Civil Rules.

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 Plaintiffs 1 ORDER The case is held in abeyance until August 30, 2023. The parties shall submit a joint status report on or before August 30, 2023. It is so ORDERED.

4 DATED this 31st day of July, 2023.

A _______________________________ 7 JOHN H. CHUN United States District Judge