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 11 v. [PROPOSED] ORDER ANTONY J. BLINKEN, Noted for Consideration: July 24, 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 continue to stay these proceedings through October 7, 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. This case is currently stayed through August 6, 2024. Dkt. No. 8. 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 October 7, 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. This case is currently undergoing administrative processing which may result in a consular officer readjudicating Plaintiff Saleh’s immigrant visa application. Plaintiff provided the U.S. Embassy in Bagdad, Iraq, with additional documentation pursuant to the Embassy’s request. However, Plaintiff will be unable to provide the required medical examination until it is complete, which is anticipated within the next five or six weeks. Once Plaintiff submits all requested documents, 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 October 7, 2024.

14 // // /// // // // // // // // // 1 DATED this 24th day of July, 2024.

2 Respectfully submitted, TESSA M. GORMAN DAVID STRASHNOY LAW, PC TESSA M. GORMAN United States Attorney s/ Kristina David KRISTINA DAVID, CA #346347* s/ Michelle R. Lambert 1901 Avenue of the Stars, Suite 200 MICHELLE R. LAMBERT, NYS #4666657 Los Angeles, California 90067 Assistant United States Attorney Phone: (818) 646-7350 United States Attorney’s Office Email: [email protected] Western District of Washington *PHV 1201 Pacific Avenue, Suite 700 Tacoma, Washington 98402 GIBBS HOUSTON PAUW Phone: (253) 428-3824 Fax: (253) 428-3826 s/ Adam Boyd ADAM BOYD, WSBA #49849 (253) 428-38 1000 Second Avenue, Suite 1600 Email: [email protected] Seattle, Washington 98104-1003 Attorneys for Defendant Phone: (206) 682-1080 Email: [email protected] I certify that this memorandum contains 307 words, in compliance with the Local Civil Attorneys for Plaintiffs Rules.

1 [PROPOSED] ORDER 2 The case is held in abeyance until October 7, 2024. The parties shall submit a status update on or before October 7, 2024. It is so ORDERED.

DATED this 24th day of July, 2024.

6 A MARSHA J. PECHMAN 8 United States Senior District Judge