Mohamed v. Dillard

1 District Judge Jamal N. Whitehead

7 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE AMINA ALI MOHAMED, Case No. 2:24-cv-01799-JNW Plaintiff, STIPULATED MOTION TO HOLD 11 v. CASE IN ABEYANCE AND [PROPOSED] ORDER MARC D. DILLARD, et al., Noted for Consideration: 13 Defendants. December 20, 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 through March 10, 2025. Plaintiff brings this litigation pursuant to the Administrative Procedure Act and Mandamus Act seeking, inter alia, to compel Defendants to readjudicate Plaintiff’s husband’s immigrant visa application. Defendants’ response to the Complaint is currently due on January 7, 2025. For good cause, the parties request that the Court hold this case in abeyance through March 10, 2025.

22 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. 2 P. 1.

3 With additional time, this case may be resolved without the need of further judicial intervention. Plaintiff’s husband’s visa application is currently refused under 8 U.S.C. § 1201(g) for required security screening. The consular officer determined that additional information from sources other than the applicant may help establish his eligibility for the visa. The processing remains active and ongoing. When processing is complete, the consular officer at the U.S. Embassy in Nairobi will determine the next steps required, which may include reaching out to the applicant to request additional information, or possibly re-adjudicating the visa application.

10 Accordingly, the parties respectfully request that the instant action be stayed until March 10, 2025. The parties will submit a joint status report on or before March 10, 2025.

12 DATED this 23rd day of December, 2024.

13 Respectfully submitted, TESSA M. GORMAN GOLDSTEIN IMMIGRATION LAWYERS United States Attorney s/ Michelle R. Lambert s/Joshua L. Goldstein MICHELLE R. LAMBERT, NYS #4666657 JOSHUA L. GOLDSTEIN, WSBA #61773 Assistant United States Attorney 611 Wilshire Boulevard, Suite 317 United States Attorney’s Office Los Angeles, California 90017 Western District of Washington Phone: 213-425-1979 1201 Pacific Avenue, Suite 700 Email: [email protected] Tacoma, Washington 98402 Phone: (253) 428-3800 Attorneys for Plaintiff Fax: (253) 428-3826 Email: [email protected] Attorneys for Defendants I certify that this memorandum contains 287 words, in compliance with the Local Civil Rules.

1 [PROPOSED] ORDER 2 The case is held in abeyance until March 10, 2025. The parties shall submit a joint status report on or before March 10, 2025. It is so ORDERED.

5 DATED this 23rd day of December, 2024.

7 a 8 JAMAL N. WHITEHEAD United States District Judge