Song v. Lehman

1 District Judge JamalN. Whitehead UNITEDSTATESDISTRICTCOURT 7 WESTERNDISTRICTOFWASHINGTON AT SEATTLE QI SONG, No. 2:24-cv-429-JNW Plaintiff, STIPULATEDMOTION TO HOLD 10 CASE IN ABEYANCE AND v. [PROPOSED] ORDER DANIELLE LEHMAN, Noted for Consideration: 12 June 11, 2024 Defendant.

14 Plaintiff and Defendants, 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 November 8, 2024. Plaintiff brought this litigation pursuant to the Administrative Procedure Act seeking an order from this Court compelling the U.S. Citizenship and Immigration Services (“USCIS”) to adjudicate her Form I-589, Application for Asylumandfor Withholding of Removal. Theparties are currently working towards a resolution to this litigation. For good cause, the parties request that the Court hold the case in abeyance until November 8, 2024.

21 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.

3 With additional time, this case may be resolved without the need of further judicial intervention. USCIShasscheduledPlaintiff’sasylum interview for July 11, 2024. Plaintiff agrees to submit all supplemental documents and evidence, if any, to USCIS seven to ten days prior to the interviewdate. Plaintiff recognizesthat failure to submit documents prior to the interview may require the interview to be rescheduled and the adjudicationdelayed. If needed, Plaintiffwillbring an interpreter to the interview, otherwise the interview will need to be rescheduled and the adjudication delayed.

10 USCIS agrees to work diligently towards completing the adjudication within 120 days after the interview, absent unforeseen or exceptional circumstances that would require additional time for adjudication. If Plaintiff’s asylum application is not adjudicated within that time, USCIS will submit a status report to this Court. Once the application is adjudicated, Plaintiff will dismiss the case witheachpartytobeartheir ownlitigationcostsandattorneys’fees. Accordingly, theparties request this abeyance to allow USCIS to conduct Plaintiff’s asylum interview and then process her asylum application.

17 Asadditionaltimeisnecessaryforthis tooccur,theparties request thattheCourtholdthe caseinabeyanceuntilNovember8,2024. Thepartieswillsubmitajointstatusreportonorbefore November8,2024.

1 Dated: June 11, 2024 2 Respectfully submitted, 3 TESSA M. GORMAN United States Attorney s/Michelle R. Lambert 5 MICHELLE R. LAMBERT, NYS #4666657 Assistant United States Attorney 6 1201 Pacific Avenue, Suite 700 Tacoma, Washington 98402 7 Phone: 253-428-3824 Email: [email protected] 8 Attorneys for Defendants 9 I certify that this memorandum contains 383 words, in compliance with the Local Civil 10 Rules.

12 Obrg- QI SONG 13 22615 28" Avenue S Des Moines, Washington 98189 14 Phone: 626-861-0700 Email: [email protected] 15 Pro Se Plaintiff STIPULATED MOTION FOR ABEYANCE -3 UNITED STATES ATTORNEY 2:24-cv-429-INW 700 STEWART STREET, SUITE 5220 1 CERTIFICATEOFSERVICE 2 I hereby certify that I am an employee in the Office of the United States Attorney for the WesternDistrict of Washington and of suchage and discretionas to be competent to serve papers.

5 I further certify that on today’s date, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system, which will send notice of such filing to the following CM/ECFparticipant(s): 8 -0 - 9 I further certify that on today’s date, I arranged for service of the foregoing on the following non-CM/ECFparticipant, via Certified Mail with return receipt, postage prepaid, addressed as follows: 12 QI SONG 22615 28th Avenue S 13 Des Moines, Washington 98189 14 DATED this 11th day of June, 2024. s/ Stephanie Huerta-Ramirez 16 STEPHANIEHUERTA-RAMIREZ,LegalAssistant United States Attorney’s Office 17 700 Stewart Street,Suite5220 Seattle,WA 98101 18 Phone: (206) 553-7970 Fax: (206) 553-4073 19 Email: [email protected] {PROPOSED} ORDER 2 The case is held in abeyance until November 8, 2024. The parties shall submit a joint || status report on or before November 8, 2024. It is so ORDERED.

DATED this 11th day of June, 2024.

4 Jon JAMAL N. WHITEHEAD 8 United States District Judge STIPULATED MOTION FOR ABEYANCE -5 UNITED STATES ATTORNEY 2:24-cv-429-JNW 700 STEWART STREET, SUITE 5220