Miao v. Mayorkas

1 District Judge Ricardo S. Martinez

7 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE YU MIAO, No. 2:24-cv-00078-RSM Plaintiff, STIPULATED MOTION TO HOLD 11 CASE IN ABEYANCE AND ORDER v. 12 Noted for Consideration: ALEJANDRO MAYORKAS, et al., March 7, 2024 Defendants.

15 Pro Se Plaintiff brought this litigation seeking an order from this Court compelling the U.S. Citizenship and Immigration Services (“USCIS”) to schedule his interview in connection with his Form I-589, Application for Asylum and for Withholding of Removal. The parties are currently working towards a resolution to this litigation. For good cause, the parties request that the Court hold the case in abeyance until September 11, 2024.

20 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.

1 With additional time, this case may be resolved without the need of further judicial intervention. USCIS has scheduled Plaintiff’s asylum interview for May 14, 2024. Plaintiff agrees to submit all supplemental documents and evidence, if any, to USCIS seven to ten days prior to the interview date. Plaintiff recognizes that failure to submit documents prior to the interview may require the interview to be rescheduled and the adjudication delayed. If needed, Plaintiff will bring an interpreter to the interview, otherwise the interview will need to be rescheduled and the adjudication delayed. USCIS agrees to work diligently towards completing the adjudication within 120 days after the interview, absent unforeseen or exceptional circumstances that would require additional time for adjudication. If Plaintiff’s asylum application is not adjudicated within that time, USCIS will submit a status report to this Court.

11 Once the application is adjudicated, Plaintiff 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 Plaintiff’s asylum interview and then process his asylum application.

14 As additional time is necessary for this to occur, the parties request that the Court hold the case in abeyance until September 11, 2024. The parties will submit a joint status report on or before September 11, 2024.

17 // // // // // // // // 1 DATED this 7th day of March, 2024.

Respectfully submitted, TESSA M. GORMAN 4 United States Attorney 5 s/ Michelle R. Lambert MICHELLE R. LAMBERT, NYS #4666657 6 Assistant United States Attorney United States Attorney’s Office 7 1201 Pacific Avenue, Suite 700 Tacoma, Washington 98402 8 Phone: (253) 428-3824 Fax: (253) 428-3826 9 Email: [email protected] 10 Attorneys for Defendants 1 ORDER The case is held in abeyance until September 11, 2024. The parties shall submit a joint status report on or before September 11, 2024. It is so ORDERED.

4 DATED this 11th day of March, 2024.

A 7 RICARDO S. MARTINEZ UNITED STATES DISTRICT JUDGE

1 CERTIFICATE OF SERVICE 2 I hereby certify that I am an employee in the Office of the United States Attorney for the Western District of Washington and of such age and discretion as to be competent to serve papers.

5 I further certify that on today’s date, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system, which will send notice of such filing to the following CM/ECF participant(s): 8 - 0 - 9 I further certify that on today’s date, I arranged for service of the foregoing on the following non-CM/ECF participant, via Certified Mail with return receipt, postage prepaid, addressed as follows: 12 Yu Miao, Pro Se Plaintiff 1700 Jones Avenue NE 13 Renton, Washington 98056 Phone: 206-778-8666 14 Email: [email protected] 15 DATED this 7th day of March, 2024.

16 s/ Stephanie Huerta-Ramirez __ STEPHANIE HUERTA-RAMIREZ, Legal Assistant 17 United States Attorney’s Office Stewart Street, Suite 5220 18 Seattle, WA 98101 Phone: (206) 553-7970 19 Fax: (206) 553-4073 Email: [email protected]