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 CASE IN ABEYANCE AND ORDER v. ALEJANDRO MAYORKAS, et al., 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 continue to stay these proceedings through July 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. The case is currently stayed through April 22, 2024. Dkt. No. 10. For good cause, the parties request that the Court continue to hold this case in abeyance through July 22, 2024.

24 // 1 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.

6 With additional time, this case will likely be resolved without the need of further judicial intervention. USCIS has approved Plaintiff’s Form I-130. USCIS has scheduled Plaintiff’s Form I-485 interview for April 23, 2024. After the interview, USCIS will need additional time to act on the Form I-485. Once USCIS issues a decision on the application, this litigation will likely be moot.

11 Accordingly, the parties respectfully request that the instant action continue to be stayed until July 22, 2024. The parties will submit a joint status report on or before July 22, 2024.

13 DATED this 16th day of April, 2024.

14 Respectfully submitted, TESSA M. GORMAN DGO LEGAL TESSA M. GORMAN United States Attorney s/ Tess Douglas 17 TESS DOUGLAS, WSBA# 58807 s/ Michelle R. Lambert 8141 2nd Street, Suite 515 MICHELLE R. LAMBERT, NYS #4666657 Downey, California 90241 Assistant United States Attorney Phone: (213) 278-4073 United States Attorney’s Office Email: [email protected] Western District of Washington 1201 Pacific Avenue, Suite 700 Tacoma, Washington 98402 Phone: (253) 428-3824 Email: [email protected] Attorney for Plaintiffs Attorneys for Defendants I certify that this memorandum contains 280 words, in compliance with the Local Civil Rules.

3 ORDER The case is held in abeyance until July 22, 2024. The parties shall submit a joint status report on or before July 22, 2024. It is so ORDERED.

DATED this 18th day of April, 2024.

A B arbara Jacobs Rothstein 10 U .S. District Court Judge