Faraji v. Mayorkas

1 District Judge Barbara J. Rothstein

7 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE RAMIN FARAJI, et al., Case No. 2:23-cv-01811-BJR Plaintiffs, STIPULATED MOTION TO HOLD 11 v. CASE IN ABEYANCE AND ORDER ALEJANDRO MAYORKAS, et al., 13 Defendants.

15 Plaintiffs 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 through April 22, 2024. Plaintiffs bring this litigation pursuant to the Administrative Procedure Act and the Mandamus Act seeking, inter alia, to compel the U.S. Citizenship and Immigration Services (“USCIS”) to adjudicate Plaintiff Miyake-Faraji’s Form I-130, Petition for Alien Relative, and Form I-485, Application to Register Permanent Residence or Adjust Status. Defendants’ response to the Complaint is currently due on March 22, 2024. For good cause, the parties request that the Court hold this case in abeyance through April 22, 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 of further judicial intervention. USCIS has scheduled Plaintiff’s Form I-130 interview on March 20, 2024. After the interview, USCIS needs additional time to act on her Form I-130. Additionally, depending on whether her Form I-130 is approved or denied, USCIS will be able to determine next steps for her husband’s Form I-485.

9 Accordingly, the parties respectfully request that the instant action be stayed until April 22, 2024. The parties will submit a joint status report on or before April 22, 2024. The parties further request that the Court’s Order Regarding Initial Disclosures, Joint Status Report, and Early Settlement be stricken. Dkt. No. 8.

13 DATED this 19th day of March, 2024.

14 Respectfully submitted, TESSA M. GORMAN DGO LEGAL United States Attorney s/ Michelle R. Lambert s/Tess Douglas MICHELLE R. LAMBERT, NYS #4666657 TESS DOUGLAS, WSBA #58807 Assistant United States Attorney 8141 2nd Street, Suite 515 United States Attorney’s Office Downey, California 90241 Western District of Washington Phone: 213-278-4073 1201 Pacific Avenue, Suite 700 Email: [email protected] Tacoma, WA 98402 Phone: (253) 428-3824 Attorneys for Plaintiffs Fax: (253) 428-3826 Email: [email protected] Attorneys for Defendants I certify that this memorandum contains 321 words, in compliance with the Local Civil Rules.

1 ORDER 2 The case is held in abeyance until April 22, 2024. The parties shall submit a joint status report on or before April 22, 2024, which among other things, will include jointly proposed dates by which the parties will comply with the deadlines set forth in the Order Regarding Initial Disclosures and Joint Status Report FRCP 26(f) [Dkt. No. 8]. It is so ORDERED.

DATED this 20th day of March, 2024.

7 A Barbara Jacobs Rothstein U.S. District Court Judge