Parsa v. United States Department of State

1 Judge Robert S. Lasnik

UNITED STATES DISTRICT COURT 6 WESTERN DISTRICT OF WASHINGTON AT SEATTLE NAVID PARSA, No. 2:24-cv-628-RSL Plaintiff, STIPULATED MOTION TO HOLD 9 CASE IN ABEYANCE AND ORDER v. U.S. DEPARTMENT OF STATE, et al., Defendants.

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 through August 28, 2024. Plaintiff brought this litigation pursuant to the Administrative Procedure Act and Mandamus Act seeking, inter alia, to compel Defendants to complete administrative processing his father’s refused immigrant visa application. Defendant’s response to the Complaint is currently due on July 29, 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 28, 2024.

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.

2 With additional time, this case may be resolved without the need of further judicial intervention. A consular officer refused the immigrant visa application at issue pursuant to 8 U.S.C. § 1201(g) on September 29, 2022, for security screening. The ongoing administrative processing may result in a consular officer readjudicating the immigrant visa application. Recently, the U.S. Embassy in Ankara, Turkey, requested additional documentation from Plaintiff’s father, including a valid medical examination report. Plaintiff anticipates that his father will complete the medical examination by July 30, 2024. Once the consular officer receives the requested documentation, additional time will be necessary for the consular officer to review the medical exam report and other case documents to determine if Plaintiff’s father’s application is eligible for reconsideration. If so, the application may be readjudicated and a visa possible issued, or the consular officer may request additional documentation.

13 As additional time is necessary for this to occur, the parties request that the Court hold the case in abeyance until August 28, 2024. The parties will submit a status report on or before August 28, 2024.

16 Dated: July 27, 2024 Respectfully submitted, 17 TESSA M. GORMAN United States Attorney s/Michelle R. Lambert 19 MICHELLE R. LAMBERT, NYS #4666657 Assistant United States Attorney 20 United States Attorney’s Office 1201 Pacific Avenue, Suite 700 21 Tacoma, Washington 98402 Phone: 253-428-3824 22 Email: [email protected] Attorneys for Defendants 1 I certify that this memorandum contains 357 words, in compliance with the Local Civil Rules.

3 s/ Jinkyou Lee JINKYOO LEE* 4 Passage Immigration Law 5000 30th Avenue NE, Suite 105 5 Seattle, Washington 98105 Phone: 503-427-8243 6 Email: [email protected] *PHV 8 s/ Sunyoung Isabella Kim SUNYOUNG ISABELLA KIM 9 Passage Immigration Law 5000 30th Avenue NE, Suite 105 10 Seattle, Washington 98105 Phone: 503-427-8243 11 Email: [email protected] Attorneys for Plaintiff

ORDER The case is held in abeyance until August 28, 2024. The parties shall submit a status update on or before August 28, 2024.

It is so ORDERED.

DATED this 29th day of July, 2024.

A 20 Robert S. Lasnik United States District Judge