Asimba v. Mayorkas

1 District Judge Tana Lin

7 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE MAUREEN ACHIENG ASIMBA, Case No. 2:24-cv-01216-TL Plaintiff, STIPULATED MOTION TO HOLD 11 v. CASE IN ABEYANCE AND [PROPOSED] ORDER ALEJANDRO MAYORKAS, et al., Noted for Consideration: 13 Defendants. October 25, 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 April 18, 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 adjudicate her asylum application. Defendants’ response to the Complaint is currently due on November 18, 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 April 18, 2025.

23 // 1 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. 5 P. 1.

6 With additional time, this case may be resolved without the need of further judicial intervention. USCIS has scheduled Plaintiff’s asylum interview for December 19, 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.

17 Accordingly, the parties request this abeyance to allow USCIS to conduct Plaintiff’s asylum interview and then process her asylum application.

19 As additional time is necessary for this to occur, the parties request that the Court hold the case in abeyance until April 18, 2025. The parties will submit a status update on or before April 18, 2025.

22 // // // ] DATED this 25th day of October, 2024.

Respectfully submitted, TESSA M. GORMAN LAW OFFICES OF CAROL L. EDWARD & United States Attorney ASSOCIATES, P.S. s/ Michelle R. Lambert s/ Julia C. Hunter || MICHELLE R. LAMBERT, NYS #4666657 JULIA C. HUNTER, WSBA #56233 Assistant United States Attorney 500 Denny Way || United States Attorney’s Office Seattle, Washington 98109 Western District of Washington Phone: (206) 956-9556 7}| 1201 Pacific Avenue, Suite 700 Email: [email protected] Tacoma, Washington 98402 || Phone: (253) 428-3824 Attorney for Plaintiff Fax: (253) 428-3826 Email: michelle.lambert@usdo].gov || Attorneys for Defendants || J certify that this memorandum contains 391 words, in compliance with the Local Civil Rules.

4 [PROPOSED] ORDER 13 The case is held in abeyance until April 18, 2025. The parties shall submit a status update on or before April 18, 2025. It is so ORDERED.

18 DATED this 25th day of October, 2024.

Nan Zo 20 TANA LIN 5 United States District Judge STIPULATED MOTION FOR ABEYANCE UNITED STATES ATTORNEY [Case No. 2:24-cv-01216-TL] - 3 1201 PACIFIC AVE., STE. 700