Bobrova v. Mayorkas

1 District Judge Tana Lin

7 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE AGNIYA BOBROVA, Ca se No. 2:24-cv-00334-TL 10 Plaintiff, STIPULATED MOTION TO HOLD CASE IN ABEYANCE AND 11 v. [PROPOSED] ORDER ALEJANDRO MAYORKAS, et al., Noted for Consideration: May 31, 2024 13 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 stay these proceedings until September 9, 2024. Plaintiffs brought this litigation pursuant to the Administrative Procedure Act seeking, inter alia, to compel U.S. Citizenship and Immigration Services (“USCIS”) to schedule an interview and adjudicate her asylum application. Defendants’ response to the Complaint is currently due on June 4, 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 September 9, 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 asylum interview for July 11, 2024. USCIS agrees to diligently work towards completing the adjudication within 60 days of the interview, absent unforeseen or exceptional circumstances that would require additional time for adjudication. If the adjudication is not completed within that time, USCIS will provide a status report to the Court.

9 Plaintiff will 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. Accordingly, the parties request this abeyance to allow USCIS to conduct Plaintiff’s asylum interview and then process her asylum application.

15 As additional time is necessary for this to occur, the parties request that the Court hold the case in abeyance until September 9, 2024. The parties further request that the Order Regarding Initial Disclosures and Joint Status Report (Dkt. No. 13) be vacated.

18 // // // // // // 24 DATED this 31st day of May, 2024.

Respectfully submitted, TESSA M. GORMAN THE LAW OFFICE OF KARIN TOLGU, 3 PLLC TESSA M. GORMAN United States Attorney s/ Karin Tolgu KARIN TOLGU, WSBA#42647 s/ Michelle R. Lambert 110 Prefontaine Pl S, Suite 304 MICHELLE R. LAMBERT, NYS #4666657 Seattle, Washington 98104 Assistant United States Attorney Phone: (206) 218-9472 United States Attorney’s Office Email: [email protected] Western District of Washington 1201 Pacific Avenue, Suite 700 Tacoma, Washington 98402 Phone: (253) 428-3824 DREAMIGRATION PLLC Fax: (253) 428-3826 s/ Natalia Rasulova (253) 428-38 NATALIA RASULOVA*, NYS#5973904 Email: [email protected] 9805 NE 116th Street, #7448 11 Kirkland, Washington 98034 Attorneys for Defendants Phone: (206) 590-1122 12 Email: [email protected] I certify that this memorandum contains 376 *PHV words, in compliance with the Local Civil Rules. Attorneys for Plaintiff

1 [PROPOSED] ORDER 2 The case is held in abeyance until September 9, 2024. The parties shall submit a status || update on or before September 9, 2024. The Order Regarding Initial Disclosures and Joint Status || Report (Dkt. No. 13) is vacated. It is so ORDERED.

5 DATED this 31st day of May, 2024.

Aa Zo 8 TANA LIN 9 United States District Judge 1] STIPULATED MOTION FOR ABEYANCE UNITED STATES ATTORNEY [Case No. 2:24-cv-00334-TL] - 4 1201 PaciFIC AVE.» STE. 700