A. v. Lehman

6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 7 AT SEATTLE W.A., et al., No. 2:24-cv-00849-JHC Plaintiffs, STIPULATED MOTION TO HOLD 10 CASE IN ABEYANCE AND ORDER v. 11 Noted for Consideration: DANIELLE LEHMAN, et al., August 15, 2024 Defendants.

15 Plaintiffs bring this litigation pursuant to the Administrative Procedure Act seeking, inter alia, to compel U.S. Citizenship and Immigration Services (“USCIS”) to (1) schedule interviews for Plaintiffs who have a pending Form I-589, Application for Asylum and for Withholding of Removal (“asylum application”), and have not yet been scheduled for an interview and (2) adjudicate Plaintiffs’ asylum applications. Defendants’ response to the Complaint is currently due on August 19, 2024. Plaintiffs and Defendants (collectively “the Parties”) are working towards a resolution of this matter. For good cause, the Parties request that the Court (1) hold this case in abeyance until December 17, 2024 and (2) vacate its Order Regarding Initial Disclosures and Joint Status Report. Dkt. No. 6.

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. 5 P. 1.

6 With additional time, this case may resolve without the need for further judicial intervention.

7 USCIS has adjudicated asylum applications for three Plaintiffs. USCIS has also scheduled asylum interviews for four Plaintiffs, with interviews to take place on September 17, 2024, and September 20, 2024. USCIS is in the process of scheduling asylum interviews for the remaining five Plaintiffs who have not yet been assigned interview dates; USCIS will complete scheduling shortly and will schedule interviews for the remaining five Plaintiffs with interview dates no later than November 1, 2024.

13 USCIS agrees to diligently work towards completing the adjudication of Plaintiffs’ asylum applications within 120 days of their interviews, absent unforeseen or exceptional circumstances that would require additional time for adjudication. If adjudication is not completed within 120 days from the date of Plaintiffs’ interviews, USCIS will provide a status report to the Court. To the extent possible, USCIS will also provide Plaintiffs with information as to any adjudication delay beyond 120 days from the interview date. Plaintiffs, by this stipulated motion, are not waiving their rights to seek judicial intervention in the event of adjudication delays beyond 120 days from the date of the interview. In line with relevant USCIS policy, if USCIS ultimately approves a Plaintiff’s asylum application, it will contemporaneously, or as expeditiously as possible, send notice of the approval to the appropriate USCIS service center or office to initiate the production of the Employment Authorization Document.

1 As to the interview, Plaintiffs will submit all supplemental documents and evidence, if any, to USCIS seven to ten days prior to the interview date. Plaintiffs recognize that the failure to submit documents prior to the interview may require the interview to be rescheduled and the adjudication delayed. If needed, Plaintiffs will bring an interpreter to the interview; otherwise the interview will need to be rescheduled, and the adjudication will be delayed.

6 Accordingly, the Parties request this abeyance to allow USCIS to schedule and conduct Plaintiffs’ asylum interviews and then process their asylum applications.

8 As additional time is necessary for this to occur, the Parties request that the Court hold the case in abeyance until December 17, 2024. The Parties will submit a joint status report on or before December 17, 2024. The Parties further request that the Order Regarding Initial Disclosures and Joint Status Report be vacated. Dkt. No. 6.

12 Dated: August 15, 2024 Respectfully submitted, 13 BRIAN M. BOYNTON Principal Deputy Assistant Attorney General WILLIAM C. PEACHEY 15 Director 16 SAMUEL P. GO Assistant Director s/ Ian S. Lam 18 IAN S. LAM (DC Bar No. 90017495) Trial Attorney 19 U.S. Department of Justice Office of Immigration Litigation 20 District Court Section P.O. Box 868, Ben Franklin Station 21 Washington, DC 20044 Telephone: (202) 307-6329 22 Facsimile: (202) 305-7000 E-mail: [email protected] Attorneys for Defendants I certify that this memorandum contains 2 577 words, in compliance with the Local Civil Rules. s/ Devin T. Theriot-Orr (with permission) 4 DEVIN T. THERIOT ORR Open Sky Law, PLLC 20415 72nd Ave S., Ste 110 Telephone: (206) 962-5052 Facsimile: (206) 681-9663 6 E-mail: [email protected] 7 s/ Whitney C. Wootton (with permission) WHITNEY C. WOOTTON 8 Open Sky Law, PLLC 20415 72nd Ave S., Ste 110 Telephone: (206) 962-5052 9 Facsimile: (206) 681-9663 E-mail: [email protected] Attorneys for Plaintiffs

1 ORDER The case is held in abeyance until December 17, 2024. The Parties shall submit a joint status report on or before December 17, 2024. The Order Regarding Initial Disclosures and Joint Status Report is vacated. Dkt. No. 6.

5 It is so ORDERED.

6 DATED this 15th day of August, 2024. ? 4 Lee CHUN Cone.

10 United States District Judge 1] STIPULATED MOTION FOR ABEYANCE & ORDER -5 Case No. 2:24-cv-00849-JHC