Mohammad v. Secretary of State

1 District Judge James L. Robart

UNITED STATES DISTRICT COURT 7 WESTERN DISTRICT OF WASHINGTON AT SEATTLE ABDUL RAHMAN MOHAMMAD, et al., No. 2:23-cv-1397-JLR Plaintiffs, STIPULATED MOTION TO HOLD 10 CASE IN ABEYANCE AND v. [PROPOSED] ORDER SECRETARY, U.S. DEPARTMENT OF Noted for Consideration: STATE, November 14, 2023 13 Defendant.

15 Plaintiffs brought this litigation pursuant to the Administrative Procedure Act seeking, inter alia, to compel the State Department to schedule Plaintiffs’ consular interview at which they anticipate applying for immigrant visas. Dkt. No. 1, Compl. Defendant’s response to the Complaint is due on November 20, 2023. For good cause, the parties request that the Court hold the case in abeyance until December 20, 2023.

20 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 Plaintiffs’ unreasonable delay claim is based on the premise that their priority dates are current and that they are eligible to apply for immigrant visas. However, the parties agree that Plaintiffs’ priority dates are not current according to the State Department’s Visa Bulletin. As a result, Plaintiffs intend to amend the Complaint to include a challenge to the State Department’s use of retrogression and add a Freedom of Information Act claim. This proposed stay will allow for Plaintiffs to amend the Complaint and eliminate the need for the State Department to file a motion to dismiss based on Plaintiffs’ current claim in the Complaint. Furthermore, this will allow the parties to discuss the claims in the amended complaint and see if resolution is possible.

9 As additional time is necessary for this to occur, the parties request that the Court hold the case in abeyance until December 20, 2023. The parties further request that the Court vacate its Order Regarding Initial Disclosures, Joint Status Report, and Early Settlement. Dkt. No. 5. The parties will submit a joint status report on or before December 20, 2023.

13 Dated: November 14, 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 United States Attorney’s Office 1201 Pacific Avenue, Suite 700 18 Tacoma, Washington 98402 Phone: 206-428-3824 19 Email: [email protected] 20 I certify that this memorandum contains 317 words, in compliance with the Local Civil Rules.

Attorneys for Defendant

1 s/Kripa Upadhyay KRIPA UPADHYAY, WSBA #40063 2 Karr, Tuttle, Campbell Fifth Ave, Suite 3300 3 Seattle, WA 98104 Phone: 206.224.8092 4 Email: [email protected] 5 s/Bradley B. Banias BRADLEY B. BANIAS, SC76653 6 Banias Law, LLC Rutledge Avenue 7 Charleston, South Carolina 29403 Phone: 843.352.4272 8 Email: [email protected] 9 Attorneys for Plaintiffs

1 [PROPOSED] ORDER The case is held in abeyance until December 20, 2023. The parties shall submit a joint status report on or before December 20, 2023. The Order Regarding Initial Disclosures, Joint Status Report, and Early Settlement (Dkt. No. 5) is vacated. It is so ORDERED.

DATED this 15th day of November, 2023.

A _______________________________ 8 JAMES L. ROBART United States District Judge