Matondo v. United States Citizenship and Immigration Services

District Judge Jamal N. Whitehead

7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE EUGIDE ROCK MIAYOUKOU No. 2:23-cv-01859-JNW MATONDO, STIPULATED MOTION TO HOLD 11 Plaintiff, CASE IN ABEYANCE AND [PROPOSED] ORDER 12 v. Noted for Consideration on: UNITED STATES CITIZENSHIP AND February 7, 2024 IMMIGRATION SERVICES, et al., 15 Defendants.

17 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. 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 February 12, 2024. For good cause, the parties request that the Court hold this case in abeyance until March 12, 2024.

24 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 will be resolved without the need of further judicial intervention. USCIS approved Plaintiff’s Form I-485 today. Plaintiff’s lawful permanent resident card is being produced and will be sent to Plaintiff within the next few weeks. Once Plaintiff receives the card, he will voluntarily dismiss the case.

7 Accordingly, the parties respectfully request that the instant action be stayed until March 12, 2024. The parties will submit a joint status report on or before March 12, 2024.

9 Dated: February 7, 2024 Respectfully submitted, TESSA M. GORMAN LAW OFFICE OF NICHOLAS POWER United States Attorney /s/Michelle R. Lambert s/Nicholas Power MICHELLE R. LAMBERT, NYS #4666657 NICHOLAS POWER, WSBA# 45972 Assistant United States Attorney 5040 Guard, Ste. 150 United States Attorney’s Office Friday Harbor, Washington 98250 Western District of Washington Phone: (360) 298-0464 1201 Pacific Avenue, Suite 700 Email: [email protected] Tacoma, Washington 98402 Phone: (253) 428-3824 Email: [email protected] HACKING IMMIGRATION LAW, LLC Attorneys for Defendants s/James O. Hacking, III I certify that this memorandum contains 251 JAMES O. HACKING, III*, MO. No. 46728 words, in compliance with the Local Civil 10121 Manchester Rd., Ste. A Rules. St. Louis, Missouri 63122 Phone: (314) 961-8200 Email: [email protected] 24 *PHV 25 Attorneys for Plaintiff

[PROPOSED] ORDER 2 The case is held in abeyance until March 12, 2024. The parties shall submit a joint status report on or before March 12, 2024. It is so ORDERED.

DATED this 16th day of February, 2024.

7 A 8 Jamal N. Whitehead United States District Judge