Nassirian v. United States Department of State

District Judge Marsha J. Pechman

7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE GOLNOOSH NASSIRIAN, No. 2:23-cv-1659-MJP Plaintiff, STIPULATED MOTION TO HOLD 11 CASE IN ABEYANCE AND v. [PROPOSED] ORDER UNITED STATES DEPARTMENT OF Noted for Consideration on: STATE, et al., January 4, 2024 Defendants.

16 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 30 days. Plaintiff brings this litigation pursuant to the Administrative Procedure Act seeking, inter alia, to compel the U.S. State Department to adjudicate his beneficiary father’s request for an immigrant visa. Currently, the immigrant visa request remains refused pursuant to section 221(g) of the Immigration and Nationality Act for administrative processing, which remains ongoing. Defendants’ response to the Complaint is currently due on January 8, 2024. For good cause, the parties request that the Court hold this case in abeyance until February 7, 2024.

25 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. The State Department continues to administratively process of the beneficiary’s immigrant visa application. The U.S. Embassy in Ankara, Turkey recently received an updated medical examination report for the beneficiary. The beneficiary intends to provide his passport to the Embassy shortly. Once received, the consular officer may reconsider the immigrant visa application.

9 A stay would conserve both the parties’ and judicial resources on a case that may become moot. Accordingly, the parties respectfully request that the instant action be stayed until February 7, 2024. The parties will submit a joint status report on or before February 7, 2024.

12 Dated: January 4, 2024 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 Local 22 Civil Rules.

23 s/Nicholas Power NICHOLAS POWER, WSBA# 45972 24 Law Office of Nicholas Power 5040 Guard, Ste. 150 Friday Harbor, Washington 98250 26 Phone: 360-298-0464 Email: [email protected] s/James O. Hacking, III 3 JAMES O. HACKING, III* Hacking Immigration Law, LLC 4 10121 Manchester Rd., Ste. A St. Louis, Missouri 63122 Phone: 314-961-8200 6 Email: [email protected] *PHV 7 Attorneys for Plaintiff

ORDER 2 The case is held in abeyance until February 7, 2024. The parties shall submit a joint status report on or before February 7, 2024. It is so ORDERED.

DATED this 5th day of January, 2024.

A MARSHA J. PECHMAN 9 United States District Judge