Kulmedov v. Mayorkas

1 District Judge Ricardo S. Martinez

UNITED STATES DISTRICT COURT 7 WESTERN DISTRICT OF WASHINGTON AT SEATTLE GULMET KULMEDOV, et al., No. 2:23-cv-1603-RSM Plaintiffs, STIPULATED MOTION TO HOLD 10 CASE IN ABEYANCE AND ORDER v. 11 Noted for Consideration: ALEJANDRO MAYORKAS, et al., November 7, 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 their Form I-589, Application for Asylum and for Withholding of Removal. Defendants’ response to the Complaint is currently due on December 22, 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 April 12, 2024.

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 has scheduled Plaintiffs’ asylum interview for December 14, 2023. Plaintiffs 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 their asylum application. Once the application is adjudicated, Plaintiffs will dismiss the case with each party to bear their own litigation costs and attorneys’ fees. Accordingly, the parties request this abeyance to allow USCIS to conduct Plaintiffs’ asylum interview and then process their asylum application.

10 As additional time is necessary for this to occur, the parties request that the Court hold the case in abeyance until April 12, 2024. The parties will submit a joint status report on or before April 12, 2024.

13 Dated: November 7, 2023 Respectfully submitted, 14 TESSA M. GORMAN Acting United States Attorney s/Michelle R. Lambert 16 MICHELLE R. LAMBERT, NYS #4666657 Assistant United States Attorney 17 1201 Pacific Avenue, Suite 700 Tacoma, Washington 98402 18 Phone: 206-428-3824 Email: [email protected] 19 Attorneys for Defendants 20 I certify that this memorandum contains 282words, in compliance with the Local 21 Civil Rules.

22 s/ Bart Klein BART KLEIN WSBA#10909 23 Law Officesof Bart Klein First Avenue, Ste. 500 1 Seattle, Washington 98104 Phone: 206-624-3787 2 Email: [email protected] Attorneys for Plaintiffs

1 ORDER The case is held in abeyance until April 12, 2024. The parties shall submit a joint status report on or before April 12, 2024. It is so ORDERED.

4 DATED this 13th day of November, 2023.

A 7 RICARDO S. MARTINEZ UNITED STATES DISTRICT JUDGE