Hoda v. Mayorkas

1 District Judge Jamal N. Whitehead

7 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE SAM HODA, et al., Case No. 2:24-cv-01906-JNW Plaintiffs, STIPULATED MOTION TO HOLD 11 v. CASE IN ABEYANCE AND [PROPOSED] ORDER KRISTI NOEM, et al.,1 Noted for Consideration: 13 Defendants. January 29, 2025 15 Plaintiffs 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 1, 2025. Plaintiffs 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 his asylum application. Defendants’ response to the Complaint is currently due on January 31, 2025. The parties are currently working towards 1 Pursuant to Federal Rule of Civil Procedure 25(d), Defendants substitute Department of Homeland Security Kristi Noem for Alejandro Mayorkas and U.S. Citizenship and Immigration Services (“USCIS”) Acting Director Jennifer B. Higgins for Ur M. Jaddou.

1 a resolution to this litigation. For good cause, the parties request that the Court hold the case in abeyance until April 1, 2025.

3 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. 7 P. 1.

8 With additional time, this case may be resolved without the need of further judicial intervention. USCIS is in the process of scheduling an interview for Plaintiff. USCIS has determined that this interview is necessary to adjudicate Plaintiff’s asylum application. Once the asylum application is adjudicated, this matter will be moot. Accordingly, the parties request this abeyance to allow USCIS to schedule the asylum interview.

13 As additional time is necessary for this to occur, the parties request that the Court hold the case in abeyance until April 1, 2025. The parties will submit a status update on or before April 1, 2025.

16 // // // // // 1 DATED this 30th day of January, 2025.

2 Respectfully submitted, TESSA M. GORMAN LAW OFFICE OF DANIELLE DOYLE United States Attorney s/ Michelle R. Lambert s/ Danielle Doyle MICHELLE R. LAMBERT, NYS #4666657 DANIELLE DOYLE, WSBA# 42067 Assistant United States Attorney Law Office of Danielle Doyle United States Attorney’s Office 3347 31st Drive Western District of Washington Everett, Washington 98201 1201 Pacific Avenue, Suite 700 Phone: 206-427-9094 Tacoma, Washington 98402 Email: [email protected] Phone: (253) 428-3824 Attorney for Plaintiffs Fax: (253) 428-3826 Email: [email protected] Attorneys for Defendants I certify that this memorandum contains 278 words, in compliance with the Local Civil Rules.

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

5 DATED this 30th day of January, 2025.

7 Pk JAMAL N. WHITEHEAD 8 United States District Judge STIPULATED MOTION FOR ABEYANCE UNITED STATES ATTORNEY [Case No. 2:24-cv-01906-JNW] - 4 1201 PACIFIC AVE., STE. 700