Najafi v. Garland

1 District Judge Barbara J. Rothstein

7 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE ALI NAJAFI, Case No. 2:23-cv-01622-BJR Plaintiff, STIPULATED MOTION TO HOLD 11 v. CASE IN ABEYANCE AND ORDER MERRICK GARLAND, et al., 13 Defendants.

15 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 extend the stay of these proceedings through June 20, 2024. This case is currently stayed through March 1, 2024. Dkt. No. 9. 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. For good cause, the parties request that the Court hold this case in abeyance through June 20, 2024.

23 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 for further judicial intervention. Since the last filing, USCIS issued a Notice of Intent to Deny (“NOID”) Plaintiff’s Form I-485. Plaintiff has until April 21, 2024, to respond to the NOID. USCIS anticipates adjudicating Plaintiff’s Form I-485 within sixty days of receipt of Plaintiff’s response. Once adjudicated, the parties agree that this case will be moot.

9 Accordingly, the parties request that this case be stayed until June 20, 2024. The parties will submit a joint stipulated motion to dismiss or, if necessary, a joint status report on or before June 20, 2024.

12 // // // // // // // // // // // // // 1 DATED this 20th day of February, 2024.

2 Respectfully submitted, TESSA M. GORMAN GAIRSO N L AW LLC United States Attorney /s/Michelle R. Lambert s/Jay Gairson MICHELLE R. LAMBERT, NYS #4666657 JAY GAIRSON, WSBA #43365 Assistant United States Attorney 4606 Martin Luther King Jr. Way S.

6 United States Attorney’s Office Seattle, Washington 98108 Western District of Washington Phone: (206) 357-4218 1201 Pacific Avenue, Suite 700 Email: [email protected] Tacoma, Washington 98402 Phone: (253) 428-3824 Email: [email protected] NIMER LAW LLC Attorneys for Defendants 10 s/Jennifer Nimer I certify that this memorandum contains 281 JENNIFER NIMER*, OH #79475 words, in compliance with the Local Civil 6500 Emerald Pkwy, Suite 100 Rules. Dublin, Ohio 43016 12 Phone: (614) 927-0270 Email: [email protected] 13 *PHV 14 Attorneys for Plaintiff

1 ORDER 2 It is so ORDERED. This case is stayed until June 20, 2024. The parties shall submit a joint stipulated motion to dismiss or a joint status report on or before June 20, 2024.

4 DATED this 21st day of February 2024.

A 7 B arbara Jacobs Rothstein U .S. District Court Judge