Ismael v. Blinken

1 District Judge Marsha J. Pechman

7 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE ANSAF ISMAEL, et al., Ca se No. 2:24-cv-00414-MJP 10 Plaintiffs, STIPULATED MOTION TO HOLD CASE IN ABEYANCE AND ORDER 11 v. Noted for Consideration: ANTONY J. BLINKEN, May 28, 2024 13 Defendant.

15 Plaintiffs and Defendant, 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 until August 6, 2024. Plaintiffs brought this litigation pursuant to the Administrative Procedure Act seeking, inter alia, to compel Defendant to complete administrative processing and issue a decision for Plaintiff Saleh’s immigrant visa application.

20 Defendant’s response to the Complaint is currently due on June 7, 2024. 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 August 6, 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. P. 1.

4 With additional time, this case may be resolved without the need of further judicial intervention. A consular officer refused Plaintiff Saleh’s immigrant visa application pursuant to 8 U.S.C. § 1201(g) on August 14, 2016. This case is currently undergoing administrative processing which may result in a consular officer readjudicating Plaintiff Saleh’s immigrant visa application. Recently, the U.S. Embassy in Bagdad, Iraq, requested additional documentation from Plaintiff. Plaintiff anticipates submitting the documents shortly. Once those documents are submitted, additional time is necessary for the consular officer to review the documents and for any additional security checks to be conducted.

12 As additional time is necessary for this to occur, the parties request that the Court hold the case in abeyance until August 6, 2024.

14 // // // // // // // // // // // 1 DATED this 28th day of May, 2024.

2 Respectfully submitted, TESSA M. GORMAN DAVID STR ASHNOY LAW, PC United States Attorney s/ Michelle R. Lambert s/ Kristina David MICHELLE R. LAMBERT, NYS #4666657 KRISTINA DAVID*, CA# 346347 Assistant United States Attorney 1901 Avenue of the Stars, Suite 200 United States Attorney’s Office Los Angeles, California 90067 Western District of Washington Phone: (818) 646-7350 1201 Pacific Avenue, Suite 700 Email: [email protected] Tacoma, Washington 98402 *PHV Phone: (253) 428-3824 Fax: (253) 428-3826 Email: [email protected] Attorneys for Defendant GIBBS HOUSTON PAUW I certify that this memorandum contains 300 s/ Adam Boyd words, in compliance with the Local Civil ADAM BOYD, WSBA# 49849 Rules. 1000 Second Avenue, Suite 1600 Seattle, Washington 98104-1003 13 Phone: (206) 682-1080 Email: [email protected] Attorneys for Plaintiffs

1 ORDER 2 The case is held in abeyance until August 6, 2024. The parties shall submit a status update on or before August 6, 2024. It is so ORDERED.

DATED this 29th day of May, 2024.

A MARSHA J. PECHMAN 9 United States District Judge