Gebray v. Mayorkas

1 District Judge Barbara J. Rothstein

7 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE TSIGAB A. GEBRAY, et al., Case No. 2:23-cv-00870-BJR Plaintiffs, STIPULATED MOTION TO HOLD 11 CASE IN ABEYANCE AND ORDER v. ALEJANDRO MAYORKAS, et al., 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 18, 2024. Plaintiffs brought this case pursuant to the Administrative Procedure Act and Mandamus Act seeking an order compelling the Government to complete processing of Plaintiffs Rahel’s, Miriam’s, and Sirak’s Form 1-730s, Refugee/Asylee Relative Petitions. This case is currently stayed through August 19, 2024. Dkt. No. 26, Order. For good cause, the parties request that this case continue to be stayed through September 18, 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. P. 1.

4 With additional time, this litigation should be resolved in its entirety. Since the last filing, the United Nations’ International Office of Migration (“IOM”) scheduled the beneficiaries for travel to the United States. Plaintiff Rahel is currently scheduled to travel to the United States on August 29, 2024. Plaintiffs Sirak and Miriam were scheduled for departure to the United States on August 13, 2024. However, the IOM’s physician found one of the siblings medically unfit to travel on that day. The IOM physician must medically clear the sibling for travel and then IOM will reschedule their travel to the United States. The Embassy has no role in scheduling travel.

12 Therefore, the parties believe good cause exists to stay this proceeding through August 19, 2024, to save the parties and the Court from spending unnecessary time and judicial resources on this matter. Accordingly, the parties jointly stipulate and request that the Court stay these proceedings through September 18, 2024. The parties will submit a joint status report on or before September 18, 2024.

17 // // // // // // // // 1 DATED this 16th day of August, 2024.

2 Respectfully submitted, TESSA M. GORMAN O’SULL IVA N LAW O FFICE United States Attorney s/ Michelle R. Lambert s/ Jane Marie O’Sullivan MICHELLE R. LAMBERT, NYS #4666657 JANE MARIE O’SULLIVAN, WSBA #34486 Assistant United States Attorney 2417 Pacific Avenue SE, 2nd Floor United States Attorney’s Office Olympia, Washington 98501 Western District of Washington Phone: (206) 340-9980 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 343 words, in compliance with the Local Civil Rules.

1 ORDER 2 The parties having stipulated and agreed, it is hereby so ORDERED. The parties shall file a joint status report on or before September 18, 2024.

5 DATED this 20th day of August, 2024.

A 8 B arbara Jacobs Rothstein U .S. District Court Judge