Hu v. Jaddou

District Judge Barbara J. Rothstein

7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE XIANZI HU, No. 2:23-cv-1452-BJR Plaintiff, STIPULATED MOTION TO HOLD 11 CASE IN ABEYANCE AND ORDER v. UR M. JADDOU, et al., 14 Defendants.

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 120 days from Plaintiff’s scheduled interview. Plaintiff brings this litigation pursuant to the Mandamus Act seeking to compel the U.S. Citizenship and Immigration Services (“USCIS”) to adjudicate her Form I-589, Asylum and for Withholding of Removal. For good cause, the parties request that the Court hold this case in abeyance until April 5, 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. 25 P. 1.

1 With additional time, this case may be resolved without the need of further judicial intervention. USCIS has scheduled Plaintiff’s asylum interview for December 7, 2023. The San Francisco Asylum Office will diligently work towards adjudication of her application within 120 days of the interview date, absent unforeseen or exceptional circumstances that would require additional time for adjudication. To prevent the interview from being rescheduled, Plaintiff agrees to submit all supplemental documents and evidence to USCIS at least 7 days prior to the scheduled interview. Once USCIS adjudicates the application, Plaintiff will voluntarily dismiss this case with the parties to bear their own litigation costs and attorneys’ fees.

9 Accordingly, the parties request that this case be stayed until April 5, 2024. The parties will submit a joint status report on or before April 5, 2024. In addition, the parties request that the Court’s Order setting initial scheduling dates be vacated. Dkt. No. 7.

12 Dated: November 3, 2023 Respectfully submitted, TESSA M. GORMAN 14 Acting United States Attorney 15 s/Michelle R. Lambert MICHELLE R. LAMBERT, NYS #4666657 16 Assistant United States Attorney United States Attorney’s Office 1201 Pacific Avenue, Suite 700 18 Tacoma, Washington 98402 Phone: 253-428-3824 19 Email: [email protected] Attorneys for Defendants I certify that this memorandum contains words in compliance with the LCR. s/Aimei Xi 23 AIMEI XI, WSBA#48639 Bright Law Firm PLLC 24 14205 SE 36th Street, Suite 100 Bellevue, Washington 98006 Phone: 425-209-0126 26 Email: [email protected] Attorney for Plaintiff 1 ORDER 2 The case is held in abeyance until April 5, 2024. The parties shall submit a joint status report on or before April 5, 2024. The Court’s Order setting initial scheduling dates (Dkt. No. 7) is vacated. It is so ORDERED.

Dated this 13" day of November, 2023.

6 & Avera eu, 8 U.S. District Court Judge STIPULATED MOTION -3 UNITED STATES ATTORNEY (23-cv-1452-BJR) 700 STEWART STREET, SUITE 5220