Feyesa v. Mayorkas

1 District Judge Barbara J. Rothstein

7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE MULATWA FEYESA, No. 2:23-cv-1115-BJR 10 Plaintiff, STIPULATED MOTION TO HOLD CASE IN ABEYANCE AND ORDER 11 v. ALEJANDRO MAYORKAS, et al., 13 Defendants.

15 Plaintiff 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 for 60 days. Plaintiff brought this litigation pursuant to the Administrative Procedure Act and Mandamus Act seeking, inter alia, to compel U.S. Citizenship and Immigration Services (“USCIS”) to schedule an interview and adjudicate her asylum application. For good cause, the parties request that the Court hold the case in abeyance until November 28, 2023.

21 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.

2 With additional time, this case may be resolved without the need of further judicial intervention USCIS has scheduled Plaintiff’s asylum interview for September 20, 2023. USCIS will continue processing the application after the interview. Once adjudicated, the parties will dismiss this case with each party to bear their own litigation costs and attorneys’ fees. Accordingly, the parties request this Court to hold the case in abeyance until November 28, 2023. The parties will submit a joint status report on or before November 28, 2023 Dated: September 5, 2023 Respectfully submitted, 9 TESSA M. GORMAN Acting United States Attorney s/Michelle R. Lambert 11 MICHELLE R. LAMBERT, NYS #4666657 Assistant United States Attorney 12 United States Attorney’s Office 1201 Pacific Avenue, Suite 700 13 Tacoma, Washington 98402 Phone: 206-428-3824 14 Email: [email protected] Attorneys for Defendants I certify that this memorandum contains 241 words, in 16 compliance with the Local Civil Rules.

17 s/ Jane Marie O’Sullivan JANE MARIE O’SULLIVAN WSBA#34486 18 O’Sullivan Law Office 2417 Pacific Avenue SE, 2nd Floor 19 Olympia, Washington 98501 Phone: 206-340-9980 20 Email: [email protected] Attorney for Plaintiff

1 ORDER The case is held in abeyance until November 28, 2023. The parties shall submit a joint status report on or before November 28, 2023. It is so ORDERED.

4 DATED this 6th day of September, 2023.

A 7 B arbara Jacobs Rothstein U .S. District Court Judge