Ratkowski v. Mayorkas

1 District Judge James L. Roba 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE YIJIN MO RATKOWSKI, et al., No. 2:23-cv-1536-JLR Plaintiffs, STIPULATED MOTION TO HOLD 11 CASE IN ABEYANCE AND Vv. +PROPOSED] ORDER ALEJANDRO N. MAYORKAS, et al., Noted for Consideration on: 13 December 21, 2023 Defendants.

15 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 t ||stay these proceedings until March 16, 2024. Plaintiffs bring this case pursuant to th || Administrative Procedure Act and Mandamus Act seeking an order compelling U.S. Citizenshi ||and Immigration Services (“USCIS”) to complete processing of their Form I-130, Petition fo || Alien Relative. However, there is good cause to continue to hold this case in abeyance.

21 Courts have “broad discretion” to stay proceedings. Clinton v. Jones, 520 U.S. 681, 70 ||(1997). “[T]he power to stay proceedings is incidental to the power inherent in every court t || control the disposition of the causes on its docket with economy of time and effort for itself, fo UNITED STATES ATTORNEY 2:23-cv-1536-JLR - 1 700 STEWART STREET, SUITE 5220 || counsel, and for litigants.” Landis v. N. Am. Co., 299 U.S. 248, 254 (1936); see also Fed. R. Civ) ||P. 1.

3 With additional time, this case may be resolved, or the issues narrowed. USCIS has issue ||a Notice of Intent to Deny (“NOID”) Plaintiff's Form I-130. Plaintiff has until March 16, 2024, || to respond to the NOID. USCIS anticipates that it will need 60 days from receipt of the NOID || response for further review and processing. As it is likely that Plaintiff will respond to the NOID 7 to the deadline, the parties cannot presently calculate when this 60-day period wil |}commence. The parties request that this case be stayed until March 16, 2024. At that time, th || parties will submit a status report concerning when the NOID has been responded to and, if th || 60-day period has not ended, the time needed for USCIS to finishing processing Plaintiff's For |} 1-130.

12 Accordingly, the parties request this Court continue to hold the case in abeyance until Mare || 16, 2024. The parties will submit a joint status report on or before March 16, 2024.

14 || Dated: December 21, 2023 Respectfully submitted, TESSA M. GORMAN 16 United States Attorney 17 s/Michelle R. Lambert MICHELLE R. LAMBERT, NYS #4666657 18 Assistant United States Attorney United States Attorney’s Office 19 1201 Pacific Avenue, Suite 700 Tacoma, Washington 98402 20 Phone: 253-428-3824 Email: [email protected] 21 Attorneys for Defendants 22 I certify that this memorandum contains 315 words, in compliance with the Local Civil Rules.

UNITED STATES ATTORNEY 2:23-cv-1536-JLR - 2 700 STEWART STREET, SUITE 5220 1 s/ Gregory McLaweon GREGORY HORTMAN MCLAWSEN 2 WSBA #41870 Sound Immigration 3 113 Cherry Street, ECM #45921 Seattle, Washington 98104 4 Phone: 855-809-5115 Email: [email protected] s/ Nico Ratkowski 7 NICO RATKOWSKI* Ratkowski Law PLLC 8 332 Minnesota Street, Suite W1610 Saint Paul, Minnesota 55101 9 Phone: 651-755-5150 Email: [email protected] 10 *PHV Attorneys for Plaintiffs ee eee UNITED STATES ATTORNEY 2:23-cv-1536-JLR - 3 700 STEWART STREET, SUITE 5220 1 +~PREPOSED} ORDER 2 The case is held in abeyance until March 16, 2024. The parties shall submit a joint status || report on or before March 16, 2024. It is so ORDERED.

5 DATED this 21st day of December , 2023.

2 VON JAMESIL. ROBART 8 United States District Judge UNITED STATES ATTORNEY 2:23-cv-1536-JLR - 4 700 STEWART STREET, SUITE 5220