Ahmed v. Mayorkas

7 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE HAYAT A., Case No. 2:24-cv-01113-JHC Plaintiff, STIPULATED MOTION TO HOLD 11 v. CASE IN ABEYANCE AND ORDER ALEJANDRO MAYORKAS, et al., Noted for Consideration: October 2, 2024 13 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 until March 19, 2025. 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 her asylum application. Defendants’ response to the Complaint is currently due on October 30, 2024. The parties are currently working towards a resolution to this litigation. For good cause, the parties request that the Court hold the case in abeyance until March 19, 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 19, 2024. USCIS agrees to diligently work towards completing the adjudications 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 adjudications delayed. Once the application is adjudicated, Plaintiff will dismiss the case. Accordingly, the parties request this abeyance to allow USCIS to conduct Plaintiff’s asylum interview and then process her asylum application.

16 As additional time is necessary for this to occur, the parties request that the Court hold the case in abeyance until March 19, 2025. The parties will submit a status update on or before March 19, 2025.

19 // // // // // // 1 DATED on this 2nd day of October, 2024.

2 Respectfully submitted, TESSA M. GORMAN THE LAW OFFICES OF KARIN TOLGU United States Attorney PLLC s/ Michelle R. Lambert s/ Karin Tolgu MICHELLE R. LAMBERT, NYS #4666657 KARIN TOLGU, WSBA #42647 Assistant United States Attorney 110 Prefontaine Pl S.Ste. 304 United States Attorney’s Office Seattle, WA 98104 Western District of Washington Phone: (206) 218-9472 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 378 words, in compliance with the Local Civil Rules.

1 ORDER 2 The case is held in abeyance until March 19, 2025. The parties shall submit a joint status ||report on or before March 19, 2025. It isso ORDERED.

5 DATED this 2nd day of October, 2024. tha. Chur JOHN H. CHUN 8 United States District Judge 1]