H.A.W. v. Mayorkas

1 District Judge James L. Robart 7 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE H.A.W., Case No. 2:24-cv-01065-JLR Plaintiff, STIPULATED MOTION TO HOLD 11 v. CASE IN ABEYANCE AND [PROPOSED] ORDER ALEJANDRO MAYORKAS, et al., Noted for Consideration: 13 Defendants. September26, 2024 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 until March 6, 2025. Plaintiff brought this litigation pursuant to the Administrative Procedure Act and Mandamus Act seeking, inter alia, to compel U.S. Citizenship and Immigration Services (“USCIS”) to schedule an interview and adjudicate his asylum application. Defendants’ response to the Complaint is currently due on October 7, 2024. The parties are currently working towards a resolution to this litigation. For good cause, the parties request that theCourt hold the case in abeyance until March 6, 2025.

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. 3 P. 1.

4 With additional time, this case may be resolved without the need of further judicial intervention. USCIS has scheduled Plaintiff’s asylum interview for November 6, 2024. USCIS agrees to diligently work towards completing the adjudication within 120 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 adjudication delayed. Once the application is adjudicated, Plaintiff will dismiss the case with each party to bear their own litigation costs and attorneys’ fees. Accordingly, the parties request this abeyance to allow USCIS to conduct Plaintiff’s asylum interview and then process his asylum application.

17 As additional time is necessary for this to occur, the parties request that the Court hold the case in abeyance until March 6, 2025. The parties will submit a status update on or before March 6, 2025.

20 // // // // // 1 DATED this 26th day of September, 2024.

2 Respectfully submitted, TESSA M. GORMAN EC IMMIGRATION LAW PLLC United States Attorney s/ Michelle R. Lambert s/ Erin Irene Cipolla MICHELLE R. LAMBERT, NYS #4666657 ERIN IRENE CIPOLLA, WSBA #58932 Assistant United States Attorney 7511 Greenwood Avenue N., PMB 508 United States Attorney’s Office Seattle, Washington 98103 Western District of Washington Phone: (206) 395-3677 1201 Pacific Avenue, Suite 700 Email: [email protected] Tacoma, Washington 98402 Phone: (253) 428-3824 Attorney for Plaintiff Fax: (253) 428-3826 Email: [email protected] Attorneys for Defendants I certify that this memorandum contains 395 words, in compliance with the Local Civil Rules.

1 [PROPOSED] ORDER 2 The case is held in abeyance until March 6, 2025. The parties shall submit a status update on or before March 6, 2025. It is so ORDERED.

5 DATED this _2_6_t_h_ day of __S_e_p_t_em__b_e_r___________, 2024.

A JAMES L. ROBART 8 United States District Judge