Italmazov v. Mayorkas

1 District Judge Robert S. Lasnik UNITED STATES DISTRICT COURT 7 WESTERN DISTRICT OF WASHINGTON AT SEATTLE SHEHRIYAR ITALMAZOV, et al., No. 2:23-cv-01976 Plaintiffs, STIPULATED MOTION TO HOLD 10 CASE IN ABEYANCE AND v. ORDER ALEJANDRO MAYORKAS, et al., Defendants.

Plaintiffs brought this litigation pursuant to the Administrative Procedure Act and Mandamus Act seeking, inter alia, to compel the U.S. Citizenship and Immigration Services (“USCIS”) adjudicate their Forms I-589, Applications for Asylum and for Withholding of Removal. Defendants’ response to the Complaint is currently due on April 29, 2024. The parties are currently working towards a resolution to this litigation. For good cause, the parties request now that the Court hold the case in abeyance until July 10st , 2024.

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. P.1.

3 With additional time, this case may be resolved without the need of further judicial intervention. USCIS has scheduled ShehriyarItalmazov’s interview for March 12, 2024, and since such interview notice was received so late by plaintiff and attorneys, all supplemental documents and evidence, if any, may be submitted by fax or FedEx by 1130am Friday 03/08/2024 to the Asylum Office in San Franscico, and by paper to the Seattle Asylum Sub Office by 200pm on Monday 2024 (than the usual 10-7 days prior to interview). USCIS agrees to diligently work towards completing the adjudications within 120 days of the interviews, absent unforeseen or exceptional circumstances that would require additional time for adjudications. If the adjudications are not completed within that time, USCIS will provide a status report to the Court.

12 Plaintiffs recognize that failure to submit documents prior to the interview may require the interview(s) to be rescheduled and the adjudication(s) delayed. If needed, Plaintiffs will bring an interpreter to the interviews, otherwise the interviews will need to be rescheduled and the adjudication delayed. After the interviews, USCIS will need time to adjudicate Plaintiffs’ asylum applications. Once the applications are adjudicated, Plaintiffs will dismiss the case with each party to bear their own litigation costs and attorneys’ fees. Accordingly, the parties request this abeyance to allow USCIS to conduct Plaintiffs’ asylum interviews and then process their asylum applications.

20 As additional time is necessary for this to occur, the parties request that the Court hold the case in abeyance until July 10, 2024. The parties will submit a joint status report on or before July 10, 2024.

23 // // // Dated: March 7, 2024. Respectfully submitted, 5 s// s/ Zachary A. Cardin 6 ZACHARY A. CARDIN (Md. Bar No. 1812110052 ) 7 Trial Attorney Office of Immigration Litigation - District Court 8 Section U.S. Department of Justice 9 P.O. Box 868, Ben Franklin Station Washington, D.C. 20044 10 (202)532-4067 [email protected] Attorney for Defendants I certify that this memorandum contains 388 13 words, in compliance with the Local Civil Rules.

14 s/ Bart Klein BART KLEIN WSBA# 10909 15 Law Offices of Bart Klein First Avenue, #500 16 Seattle, Washington 98104 Phone: 206-755-5651 17 Email: [email protected] Attorney for Plaintiffs ORDER 6 The case is held in abeyance until July 10, 2024. The parties shall submit a joint status || report on or before July 10, 2024. It is so ORDERED.

DATED this 8th day of March, 2024.

11 wt Caran Robert S Lasnik 12 United States District Judge STIPULATED MOTION FOR ABEYANCE -4 United States Department of Justice (2:23-cv-01976) P.O Box 868 BEN FRANKLIN STATION