Bai v. Mayorkas

1 District Judge Ricardo S. Martinez

7 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE WEI BAI, Case No. 2:24-cv-01196-RSM Plaintiff, STIPULATED MOTION TO HOLD 11 CASE IN ABEYANCE AND ORDER v. 12 Noted for Consideration: ALEJANDRO N. MAYORKAS, et al., August 27, 2024 Defendants.

15 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 for 60 days. Plaintiff brings this case pursuant to the Administrative Procedure Act and Mandamus Act seeking an order compelling U.S. Citizenship and Immigration Services (“USCIS”) to complete processing of his Form I-485, Application to Register Permanent Residence or Adjust Status. This litigation was recently transferred to this District from the District of Columbia. See Dkt. No. 7. Good cause exists to hold this case in abeyance.

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 case may be resolved without the need of further judicial intervention. On July 31, 2024, USCIS interviewed Plaintiff and issued a Request for Evidence (“RFE”). USCIS needs additional time to review the RFE response and then continue processing Plaintiff’s Form I-485. Accordingly, the parties request this Court to hold the case in abeyance until October 26, 2024. The parties will submit a joint status report on or before October 26, 2024.

10 DATED this 27th day of August, 2024.

11 Respectfully submitted, TESSA M. GORMAN JEELANI LAW FIRM, PLC United States Attorney s/ Michelle R. Lambert s/ Sadaf. F. Ahmed MICHELLE R. LAMBERT, NYS #4666657 SADAF F. AHMED, IN #36687-49 Assistant United States Attorney 9511 Angola Court United States Attorney’s Office Indianapolis, Indiana 46268 Western District of Washington Phone: (312) 767-9030 1201 Pacific Avenue, Suite 700 Email: [email protected] Tacoma, Washington 98402 Phone: (253) 428-3824 Fax: (253) 428-3826 Email: [email protected] Attorneys for Defendants I certify that this memorandum contains 245 words, in compliance with the Local Civil Rules.

1 ORDER 2 The case is held in abeyance until October 26, 2024. The parties shall submit a joint status report on or before October 26, 2024. It is so ORDERED.

5 DATED this 9th day of September, 2024.

6 A RICARDO S. MARTINEZ 8 UNITED STATES DISTRICT JUDGE