E.H.A. v. United States Citizenship and Immigration Services

UNITED STATES DISTRICT COURT FOR THE 7 WESTERN DISTRICT OF WASHINGTON AT SEATTLE E.H.A, Case No. 2:24-cv-01120-RSL 10 Plaintiff, STIPULATED MOTION TO EXTEND v. DEADLINE AND ORDER UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, et al., 13 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 for a 30-day extension of Defendants’ deadline to respond to the Complaint. Plaintiff brought this litigation pursuant to the Administrative Procedure Act and Mandamus Act, inter alia, to compel U.S. Citizenship and Immigration Services (“USCIS”) to adjudicate his asylum application.

Defendants’ response to the Complaint is currently due on September 30, 2024. The parties are currently working towards a resolution to this litigation. For good cause, the parties request that the Court extend the deadline until October 30, 2024. This is the first request for an extension of this deadline.

1 A court may modify a deadline for good cause. Fed. R. Civ. P. 6(b). Continuing pretrial and trial dates is within the discretion of the trial judge. See King v. State of California, 784 F.2d 910, 912 (9th Cir. 1986).

4 USCIS is in the process of scheduling Plaintiff’s asylum interview. However, additional time is necessary to do so. The interview must occur prior to adjudication of the application at issue here. Once the interview is scheduled, the parties will discuss how to move forward with this litigation.

8 As additional time is necessary for this to occur, the parties request that the Court extend Defendants’ deadline to respond to the Complaint to October 30, 2024.

10 DATED on this 27th day of September, 2024.

Respectfully submitted, TESSA M. GORMAN LAW OFFICE OF SARA SVENDSEN PLLC United States Attorney s/ Michelle R. Lambert s/ Shara Svendsen MICHELLE R. LAMBERT, NYS #4666657 SHARA SVENDSEN, WSBA #38151 Assistant United States Attorney 16300 Mill Creek Boulevard, Ste. 206 United States Attorney’s Office Mill Creek, Washington 98012 Western District of Washington Phone: (425) 931-1178 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 234 words, in compliance with the Local Civil Rules.

1 ORDER 2 The Defendants’ deadline to respond to the Complaint is extended to October 30, 2024.

3 It is so ORDERED.

5 Dated this 30th day of September, 2024.

7 Robert S. Lasnik United States District Judge