Matondo v. United States Citizenship and Immigration Services

1 District Judge Jamal N. Whitehead

7 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE EUGIDE ROCK MIAYOUKOU MATONDO, Case No. 2:23-cv-01859-JNW Plaintiff, STIPULATED MOTION TO HOLD 11 v. CASE IN ABEYANCE AND [PROPOSED] ORDER UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, et al., Noted for Consideration: 13 March 12, 2024 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 continue to stay these proceedings for an additional thirty 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. This case is currently stayed through March 12, 2024.

21 Dkt. No. 8. For good cause, the parties request that the Court continue to hold this case in abeyance until April 11, 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 will be resolved without the need of further judicial intervention. USCIS approved Plaintiff’s Form I-485. Although Plaintiff’s lawful permanent resident card was produced, it contained an error that is being corrected. A new card is in production and will be sent to Plaintiff shortly. Once Plaintiff receives the card, he will voluntarily dismiss the case.

9 Accordingly, the parties respectfully request that the instant action be stayed until April 11, 2024. The parties will submit a joint status report on or before April 11, 2024.

11 DATED this 12th day of March, 2024.

12 Respectfully submitted, TESSA M. GORMAN LAW OFFICE OF NICHOLAS POWER TESSA M. GORMAN United States Attorney s/Nicholas Power 15 NICHOLAS POWER, WSBA# 45972 /s/Michelle R. Lambert 5040 Guard, Ste. 150 MICHELLE R. LAMBERT, NYS #4666657 Friday Harbor, Washington 98250 Assistant United States Attorney Phone: (360) 298-0464 United States Attorney’s Office Email: [email protected] Western District of Washington 1201 Pacific Avenue, Suite 700 Tacoma, Washington 98402 HACKING IMMIGRATION LAW, LLC Phone: (253) 428-3824 Email: [email protected] s/James O. Hacking III 20 JAMES O. HACKING, III* MO No. 63122 Attorneys for Defendants 10121 Manchester Rd., Ste. A 21 St. Louis, Missouri 63122 I certify that this memorandum contains 266 Phone: (314) 961-8200 words, in compliance with the Local Civil Email: [email protected] Rules. *PHV Attorneys for Plaintiff 1 [PROPOSED] ORDER 2 The case is held in abeyance until April 11, 2024. The parties shall submit a joint status report on or before April 11, 2024. It is so ORDERED.

5 DATED this 13th day of March, 2024.

A Jamal N. Whitehead 9 United States District Judge