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., Ca se No. 2:23-cv-01811-BJR 10 Plaintiffs, STIPULATED MOTION TO HOLD CASE IN ABEYANCE AND ORDER 11 v. 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 continue to stay these proceedings through September 16, 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 July 22, 2024. Dkt. No. 12. For good cause, the parties request that the Court continue to hold this case in abeyance through September 16, 2024.

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. On July 18, 2024, USCIS issued a Notice of Intent to Deny (“NOID”) Plaintiff’s Form I-485. Plaintiff has until August 20, 2024, to respond to the NOID. USCIS will need additional time to review Plaintiff’s response, if any, and then 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 through September 16, 2024. The parties will submit a joint status report on or before September 16, 2024.

14 DATED this 19th day of July, 2024.

15 Respectfully submitted, TESSA M. GORMAN DGO LE GA L 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, Washington 98402 Phone: (253) 428-3824 Attorney for Plaintiffs Fax: (253) 428-3826 Email: [email protected] Attorneys for Defendants I certify that this memorandum contains 294 words, in compliance with the Local Civil Rules.

1 ORDER 2 The case is held in abeyance until September 16, 2024. The parties shall submit a joint status report on or before September 16, 2024. It is so ORDERED.

5 DATED this 22nd day of July, 2024.

A 9 B arbara Jacobs Rothstein U .S. District Court Judge