Xirsi v. United States Department of State

District Judge Kymberly K. Evanson

7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE KHADRA XIRSI, et al., No. 2:23-cv-699-KKE Plaintiffs, STIPULATED MOTION AND ORDER 11 TO HOLD CASE IN ABEYANCE v. UNITED STATES DEPARTMENT OF STATE, et al., Defendants.

16 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 for 120 days. Plaintiff brings this litigation pursuant to the Mandamus Act seeking, inter alia, to compel the U.S. State Department to adjudicate Plaintiff Siyad’s request for an immigrant visa. Currently, Siyad’s immigrant visa request remains refused pursuant to section 221(g) of the Immigration and Nationality Act for administrative processing, which remains ongoing. Defendants’ response to the Complaint is currently due on October 2, 2023. For good cause, the parties request that the Court hold this case in abeyance until January 30, 2024.

24 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. The State Department continues to administratively process of the immigrant visa application, which may be completed within 120 days. A stay would conserve both the parties’ and judicial resources on a case that may become moot. Accordingly, the parties respectfully request that the instant action be stayed until January 30, 2024. The parties will submit a joint status report on or before January 30, 2024.

9 Dated: September 22, 2023 Respectfully submitted, TESSA M. GORMAN 11 Acting United States Attorney 12 s/Michelle R. Lambert MICHELLE R. LAMBERT, NYS #4666657 13 Assistant United States Attorney United States Attorney’s Office 1201 Pacific Avenue, Suite 700 15 Tacoma, Washington 98402 Phone: 253-428-3824 16 Email: [email protected] Attorneys for Defendants I certify that this memorandum contains words, in compliance with the Local 19 Civil Rules.

20 s/Bart A. Chavez BART A. CHAVEZ* 21 23771 Mariner Drive, Apt. 128 Dana Point, California 92629 Phone: 602-578-2045 23 Email: [email protected] (*admitted PHV) s/Edward A. Nelson EDWARD A. NELSON, WSBA#30252 26 Edward Nelson Law Offices PLLC 31620 23rd Avenue S, Ste. 315 27 Federal Way, Washington 98003 Phone: 253-941-6340 Email: [email protected] 2 Attorneys for Plaintiffs

ORDER 2 The parties’ motion (Dkt. No. 9) is GRANTED. This case is held in abeyance until January 30, 2024. The parties shall submit a joint status report on or before January 30, 2024.

DATED this 25th day of September, 2023.

7 A 8 Kymberly K. Evanson United States District Judge