Najafi v. Garland

District Judge Barbara J. Rothstein

7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE ALI NAJAFI, No. 2:23-cv-1622-BJR Plaintiff, STIPULATED MOTION TO HOLD 11 CASE IN ABEYANCE AND ORDER v. MERRICK GARLAND, 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 the proceedings for 60 days. Plaintiff brings this litigation pursuant to the Administrative Procedure Act and Mandamus Act seeking, inter alia, to compel the U.S. Citizenship and Immigration Services (“USCIS”) to adjudicate his Form I-485, Application to Register Permanent Residence or Adjust Status. Defendants’ response to the Complaint is currently due on January 2, 2024. For good cause, the parties request that the Court hold this case in abeyance until March 1, 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. 3 P. 1.

4 With additional time, this case may be resolved without the need of further judicial intervention. USCIS anticipates adjudicating Plaintiff’s Form I-485 by March 1, 2024. Once adjudicated, the parties agree that this case will be moot.

Accordingly, the parties request that this case be stayed until March 1, 2024. The parties will submit a joint stipulated motion to dismiss or, if necessary, a joint status report on or before March 1, 2024.

11 Dated: December 4, 2023 Respectfully submitted, TESSA M. GORMAN Acting United States Attorney s/Michelle R. Lambert 15 MICHELLE R. LAMBERT, NYS #4666657 Assistant United States Attorney 16 United States Attorney’s Office 1201 Pacific Avenue, Suite 700 Tacoma, Washington 98402 18 Phone: 253-428-3824 Email: [email protected] 19 Attorneys for Defendants I certify that this memorandum contains 21 246 words, in compliance with the LCR.

22 s/draft JAY GAIRSON, WSBA#43365 23 Gairson Law LLC 4606 Martin Luther King Jr. Way S.

Seattle, Washington 98108 25 Phone: 206-357-4218 Email: [email protected] s/draft JENNIFER NIMER, PHV 2 Nimer Law LLC 6500 Emerald Pkwy, Suite 100 3 Dublin, Ohio 43016 Phone: 614-927-0270 4 Email: [email protected] Attorneys for Plaintiff

ORDER 2 It is so ORDERED. This case is stayed until March 1, 2024. The parties shall submit a joint stipulated motion to dismiss or a joint status report on or before March 1, 2024.

DATED this 5th day of December, 2023.

A 8 B arbara Jacobs Rothstein U .S. District Court Judge