Xie v. Mayorkas

District Judge Jamal N. Whitehead

UNITED STATES DISTRICT COURT 7 WESTERN DISTRICT OF WASHINGTON AT SEATTLE LI XIE, et al., Case No. 2:23-cv-1513-JNW Plaintiffs, STIPULATION AND ORDER TO STAY 10 CASE v. 11 Note on Motion Calendar: ALEJANDRO MAYORKAS, et al., February 8, 2024 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 to continue to stay these proceedings until March 13, 2024. Plaintiffs bring this litigation pursuant to the Mandamus Act and Administrative Procedure Act seeking, inter alia, to compel the U.S. Citizenship and Immigration Services (“USCIS”) to adjudicate their Form I-485s, Applications to Register Permanent Residence or Adjust Status. Dkt. No. 1. There is good cause to continue to stay the litigation as a resolution of this matter without further litigation is likely.

22 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 USCIS has approved Plaintiffs’ Form I-485s. Plaintiffs’ lawful permanent resident cards are being produced and will be sent to Plaintiffs within the next few weeks. Plaintiffs will voluntarily dismiss this litigation with each party to bear their own attorneys’ fees and costs once their cards arrive. Accordingly, the parties respectfully request that this Court stay this litigation and allow them to file a joint status report on or before March 13, 2024.

Stipulated to and presented this 8th day of February, 2024.

11 TESSA M. GORMAN s/ Cletus Martin Weber United States Attorney CLETUS MARTIN WEBER, WSBA #19590 Peng & Weber PLLC s/ Michelle R. Lambert 3035 Island Crest Way, Ste. 200 MICHELLE R. LAMBERT Mercer Island, WA 98040 NYS #4666657 Phone: 206-382-1962 Assistant United States Attorney Email: [email protected] United States Attorney’s Office 15 1201 Pacific Ave., Ste. 700 Counsel for Plaintiffs Tacoma, WA 98402 16 Phone: 253-428-3824 Email: [email protected] Counsel for Defendants ORDER 2 The parties having stipulated and agreed, it is hereby so ORDERED. This case is stayed until March 13, 2024. The parties will file a joint status report on or before March 13, 2024.

DATED this 8th day of February 2024.

7 A Jamal N. Whitehead United States District Judge