Nyanchwani v. Mayorkas

1 United States District Judge Barbara Jacobs Rothstein

UNITED STATES DISTRICT COURT FOR THE 7 WESTERN DISTRICT OF WASHINGTON AT SEATTLE EZINAH NYANCHAMA NYANCHWANI, Ca se No. 2:24-cv-01041-DWC Plaintiff, 10 STIPULATED MOTION TO HOLD v. CASE IN ABEYANCE AND ORDER ALEJANDRO MAYORKAS, 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 until November 20, 2024. Plaintiff brought this litigation pursuant to the Administrative Procedure Act, inter alia, to compel U.S. Citizenship and Immigration Services (“USCIS”) to adjudicate her asylum application. 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 November 20, 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.

3 With additional time, this case may be resolved without the need of further judicial intervention. USCIS has scheduled Plaintiff’s asylum interview for August 22, 2024. USCIS agrees to diligently work towards completing the adjudications within 90 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. 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 adjudications delayed. Once the application is adjudicated, Plaintiff will dismiss the case. 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 November 20, 2024. The parties will submit a status update on or before October 7, 2024.

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1 Dated: August 2, 2024 2 Respectfully submitted, TESSA M. GORMAN LAW OF FIC ES OF BA RT KLEIN United States Attorney s/ Michelle R. Lambert s/ Bart Klein MICHELLE R. LAMBERT, NYS #4666657 BART KLEIN, WSBA #10909 Assistant United States Attorney 605 First Avenue South, Suite 500 United States Attorney’s Office Seattle, WA 98104 Western District of Washington Phone: (206) 624-3787 1201 Pacific Avenue, Suite 700 Fax: (206) 238-9975 Tacoma, Washington 98402 Email: [email protected] Phone: (253) 428-3824 Fax: (253) 428-3826 Attorne y for P laintiff Email: [email protected] Attorneys for Defendants I certify that this memorandum contains 369 words, in compliance with the Local Civil Rules.

1 ORDER 2 IT IS HEREBY ORDERED the case is held in abeyance until November 20, 2024. The parties shall submit a status update on or before November 7, 2024.

5 DATED this 14th day of August, 2024.

A 7 B arbara Jacobs Rothstein U .S. District Court Judge